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Foreign company is in accordance with China's laws in China to set up all the capital is invested by foreign investors run business, is Chinese legal person, in the form of foreign joint ventures and wholly foreign-owned two.
representative office
Process for Registration of a Shanghai Representative Office
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I. Process for establishment of a Shanghai representative office
According to the Notice on Implementing Direct Registration of the Resident Representative Offices of Some Foreign (Regional) Enterprises, as from July 1st, 2004, foreign enterprises other than those in special industries can establish their representative offices in Shanghai by direct business registration. To establish its representative office in Shanghai, a foreign enterprise shall commission a company with enterprise registration agency qualifications to undergo the application procedures.
Establishment procedures are as follows:
1. Business registration
2. Official seal engraving
3. Enterprise code registration
4. Statistics registration
5. Foreign exchange license
6. Tax registration
After the completion of the above registrations, any change of them shall be examined, approved and registered by the respective registration authorities.
II. Business scope of a Shanghai representative office
A representative office of foreign enterprise is also known as a resident representative office of foreign enterprise in China. The business scope of a representative office shall be originally stated in the documents submitted to the registration authorities, and will be prescribed in the resident representative office registration certificate upon the confirmation (or approval for special industries) of the industry and commerce administration authority. Any resident representative office of foreign enterprise in China may be engaged in activities only within the scope prescribed in its registration certificate.
An ordinary resident representative office of foreign enterprise may only be engaged in non-direct operating activities in China and represent the foreign enterprise to conduct liaison, product promotion, market research, technical exchanges and other business activities within the business scope of the foreign enterprise. However, if China and the government of the country where the foreign enterprise comes from have signed a bilateral treaty which clearly stipulates that resident representative offices of foreign enterprises can be engaged in direct operating activities in China, these provisions shall prevail.
Although the law does not allow representative offices to be engaged in direct operating activities, it does not mean that representative offices shall not be engaged in any economic activity. A representative office shall have the right to be engaged in any economic activities and/or sign any economic contracts necessary for maintenance of its operation.
III. Examination and approval concerning special industries
Any applicant from any industry still requiring examination and approval, such as finance, insurance, maritime transport, shipping agency, air transport, and transportation etc., shall submit documents to the approving authority for an approval certificate, prior to applying to the administration for industry and commerce for registration. To apply for the establishment of its representative office, any foreign (regional) enterprise in the industry of finance or insurance shall additionally submit its annual balance sheet and annual income statement, articles of association and decision of the board of directors. To establish a resident representative office in China, any enterprise from any country that has not established diplomatic relations with China shall hold the approval document or certificate issued by the Ministry of Commerce.
1. Ministry of Communications
To establish its office in China, any foreign shipping company, ship agent, multimodal transport company or any other shipping-related enterprise or organization, any foreign enterprise engaged in road transport or any foreign vessel inspection agency shall obtain the approval of the Ministry of Communications of the People's Republic of China.
2. General Administration of Civil Aviation of China
To establish its office in China, any foreign air transport company shall obtain the approval of the General Administration of Civil Aviation of China.
3. Ministry of Justice
To establish its office in China, any foreign law firm shall obtain the approval of the Ministry of Justice of China.
4. People's Bank of China
To establish its office in China, any foreign financial institution shall obtain the approval of the People's Bank of China. Foreign financial institutions mainly include commercial banks, investment banks, merchant banks, securities companies, fund management companies, foreign exchange brokerage firms, credit card companies, and financial leasing companies, etc., registered outside China.
5. China Insurance Regulatory Commission
To establish its office in China, any foreign insurance institution shall obtain the approval of the China Insurance Regulatory Commission. To establish its resident representative office in China, any foreign insurance institution shall obtain the approval of the People's Bank of China. Since the Chinese government's institutional reform in 1998, the examination and approval function on the insurance industry has transferred from the People's Bank of China to the newly established China Insurance Regulatory Commission.
6. National Tourism Administration of the People's Republic of China
To establish its office in China, any foreign government's tourism department, any inter-governmental tourism organization or any foreign tourism enterprise shall obtain the approval of the National Tourism Administration of China.
7. Ministry of Finance
To establish its office in China, any foreign accounting firm shall obtain the approval of the Chinese Institute of Certified Public Accountants or its authorized agency and the approval certificate issued by the Ministry of Finance of China.
IV. Time required for registration of a representative office
S.N. |
Items to be applied for |
Processing time |
1 |
Notice of Acceptance |
|
2 |
Business Registration Certificate |
5 working days |
3 |
Official seal of the representative office |
1 working day |
4 |
|
1 working day |
5 |
|
15-20 working days |
6 |
|
1 working day |
7 |
Foreign Exchange Use Certificate |
1 working day |
8 |
Customs Registration Certificate |
1 working day |
Services to foreign companies registered
Business philosophy: customer first principle of credit first, to solve the customer's boredom. Has been engaged in foreign-funded enterprises registered, have years of history