Examination and verification of establishment and change of the limit above foreign-funded enterprise

Administrative Authority

Ningbo Municipal Foreign Trade and Economic Cooperation   Bureau

Acceptance Location

Service Center of Ningbo Municipal Foreign Trade and   Economic Cooperation Bureau

Consulting phone number

+86-574-8718-5537

Responsible Offices

The administrative examination and approval office

Main basis of setting  or implementing（File name, symbol, and specific provisions）

The PRC Sino-foreign Equity Joint Venture Law article   3,The PRC Wholly Foreign-owned Enterprise Law article 6, 10, 20

The PRC Sino-foreign Cooperative Joint Venture Law article5, 7, 12, 24

Guiding the Direction of Foreign Investment Provisions article1 2

The State Council, Reform of the Investment System Decision Attachment 1

Catalogue for the Guidance of Foreign Investment Industries

The PRC, Wholly Foreign Owned Enterprise Law Implementing Rules article10

The PRC Sino-foreign Cooperative Joint Venture Law Implementing Rules article7.

Transaction term

Statutory term: 3 months for individual-owned   enterprises; 3 months for joint venture; 45 days for cooperative enterprise

Promised term: 10 working Days (except those apply for state approval)

Documentation to Be Submitted

Application Requirements:

All kinds of enterprises, institutions, individuals and   other organizations that apply for establishing foreign-funded enterprises.

Application materials:

1. Examination to Contracts and Articles of Association   of Enterprises with Foreign Investment

(1) Foreign-funded enterprise joint venture and   cooperation project: Chinese company business license, enterprise credit certification; foreign side provides Certificate of Registry and quality by company, or identification card and bank statement by individual; proposal for the project drawn up by both parties; official reply of proposal for the project; FSR (feasibility study report) worked out by both parties; relevant fairness opinion by related industry competent authorities, and those referring to planning and environment must be authorized by planning and environmental department; the pre-notice of approved enterprise name which was published by Administration of Industry and Commerce; appointed name list of members of board of directors of both parties; cooperative enterprise contracts and articles signed by both parties; application concerning cooperative enterprise contracts and articles.

(2) Foreign-owned enterprise project: application form of foreign-owned enterprise establishment; foreign side provides Certificate of Registry and quality by company, or identification card and bank statement by individual; FSR (feasibility study report) ; relevant fairness opinion by related industry competent authorities, and those referring to planning and environment must be authorized by planning and environmental department; the pre-notice of approved enterprise name which was published by Administration of Industry and Commerce; appointed name list of members of board of directors, or appointed name list of members of executive board of directors if no board of directors; cooperative enterprise contracts and articles signed by both parties; legal office address proof; application concerning cooperative enterprise contracts and articles. 2. Examination to Contracts and Articles change of Association of Enterprises with Foreign Investment

(1) Stock rights change (including investor change, stock right distribution change caused by one-side capital increase or decrease) need to provide: application for stock rights change; board resolution; agreement of assignment of equity interests; if new investors are added, legal license, bank Credibility Letter (identification card and bank statement if individual)of the investors are needed; enterprise assets evaluation report; amendment of contract and articles; Copy of Company   Business License; original of Approved Certificate.

 (2) Change of legal address, name, business   scope, operating period, investment way, etc, the followings are needed: application letter; board resolution; amendment of contract and articles; the pre-notice of approved enterprise name which was published by Administration of Industry and Commerce if name change; Copy of Company Business License; original of Approved Certificate.

(3) If there are national special policies and regulations for the industry, the approval procedure and materials must comply with the regulations.

Charge (Y/N)　

No

Brief Flow Diagram

Applicant applies →Service Center Window of Ningbo Municipal Foreign Trade and Economic Cooperation Bureau accepts→Draft documents after first approval qualified →Director signs→Authorized by   director general →Above-fund or restricted category projects apply for approval by state department