Service Content

Establishment of newly approved foreign-funded enterprises

Procedures

Acceptance, reply, application code and certificate issuance

Application Materials

1. The copy of the notice of advanced verification and approval for company name;

2. the original of the establishment application of company;

3. the original of the contract on joint venture or cooperative business operation (foreign-funded enterprises excluded);

4. the original of the Articles of Association;

5. the original of the report on feasibility analysis of projects (The examination and approval opinions from the environment protection authority shall be attached as for contents of environmental impact assessment);

6. The original of the tenancy agreement and the copy of house ownership certificate (The original of relevant certificate issued by the local real estate authority or police station shall be submitted in case of discrepancy between the address in the house ownership certificate and the actual one; the tenancy agreement can be excluded if the Chinese investor contributes by pricing the plant or takes it as the cooperation condition; documents listed in the aforesaid article can be excluded in case of land lease);

7. The confirmation letter of land transaction conclusion or land remising contract (Documents listed in the aforesaid article can be excluded in case of plant lease);

8. The copies of legal business certificates and IDs of legal representatives from all investment parties (Foreign investor who invests in his own name shall submit the copy of his ID; foreign investor who is the offshore company registered in areas including British Virgin Islands shall submit the original of good credit certificate issued by the government at the registered place; the business certificate and personal ID of the foreign investor are subject to the certification by a notary public of the country where he resides and authentication by the Chinese embassy or consulate in that country);

9. The original of the credit certificate from the foreign bank (foreign investor who invests in his own name shall submit the original of his bank deposit certificate);

10. The original of resolutions of Shareholder’ Meeting or directorate meeting and the copy of financial audit report or special audit report on net assets shall be submitted by Chinese investors (The original of the physical goods list shall be submitted in case of investment with physical goods; foreign-funded enterprises excluded);

11. The original of lists of the company’s directors, supervisors, General Manager and Deputy General Manager;

12. The originals of references for accreditation and copies of IDs of directors, supervisors, General Manager and Deputy General Manager;

13. The original of registration form of the Chinese senior management (referred to the designated directors, General Manager and Deputy General Manager; foreign-funded enterprises excluded);

14. The copies of letter of attorney on commissioned application business (i.e., the agency agreement) and business license of application agency (except for the establishment applied for by the investor itself);

15. The authorization of legal instruments delivery;

16. Comments on industrial projects (except for infrastructure-free non-industrial projects);

17. The original of approval letter issued by authorities in relevant industry shall be submitted for examination-advanced projects;

18. Other documents required based on actual situation (such as the original of the authorization from legal representative, the copy of ID of licensee, the originals of imported equipment list, 100% export commitment and credit guarantee letter, the appraisal certificate of state-owned assets and the approval letter from the Chinese superior authority);

19. The copy of the notice of company code (It shall be obtained from the Office of Unified Code Identification of Enterprises and Institutions and Communities in Shanghai after the establishment reply is verified and approved);

20. The officecopy draft of enterprise approval certificate (right-click and choose "Save as");

(Notes: The company's official seal shall be affixed to the aforesaid copy-required materials.)

For projects examined and approved by the Shanghai Foreign Investment Commission in accordance with relevant regulations, please refer to the guide of actions on http://www.scofcom.gov.cn/sfic/en/content.jsp?menuId=111708&sonMenuId=111710

Legal Term

The decision of whether to accept or not shall be made within 5 working days.

The Examination, approval and reply shall be conducted within 90 working days.

The certificate shall be issued within 10 working days.

Commitment Term

The decision of whether to accept or not shall be made within 3 working days.

The Examination, approval and reply shall be conducted within 7 working days.

The certificate shall be issued within 2 working days.

Charging Standard

RMB10 for certificate fee

Notes: the foreign-funded enterprises refer to the Chinese-foreign joint venture enterprises, Chinese-foreign cooperative enterprises and wholly foreign-owned enterprises (referring to enterprises invested and established by one or several foreign investors, also known as single proprietorship), with the combined name of "three types of foreign-funded enterprises".