Examination and approval of foreign-funded enterprise establishment and change

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）

Article 3 of the PRC Sino-foreign Equity Joint Venture Law;

Clause 2 of Article 6 and Article 7, PRC Sino-foreign Equity Joint Venture Law Implementing Regulations

Article 5 of the PRC Sino-foreign Cooperative Joint Venture Law

Article 6 and 7 of the PRC Sino-foreign Cooperative Joint Venture Law Implementing Rules

The PRC Wholly Foreign-owned Enterprise Law article 6

Article7 of the PRC, Wholly Foreign Owned Enterprise Law Implementing Rules

Guiding the Direction of Foreign Investment Provisions（Decree [2002] No.346 of the State Council), Article 12, Clause1

The State Council, Reform of the Investment System Decision

Transaction term

Statutory term:

3 months for wholly-owned enterprise;

3 months for Joint venture;

45 days for Cooperative enterprises

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 →Official documents issued in the window