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Registration for establishment of foreign-funded enterprises (non-company)

( eguiyang.com.cn)

Updated: 2019-02-13

Processing time:

Within seven workdays based on a legal permit of 30 workdays

Legal basis for approval:

Order No 42 of the President of the People's Republic of China (PRC) - Company Law;

Order No 41 of the President of the PRC - PRC Law on Foreign-Capital Enterprises;

Order No 48 of the President of the PRC - PRC Law on Chinese-Foreign Equity Joint Ventures;

Order No 40 of the President of the PRC – PRC Law on Chinese-Foreign Contractual Joint Ventures and other related laws and regulations.

Eligibility requirements:

1. Based on Article 7 of Regulations of Company Registration of the PRC, the following conditions shall be met for a unit applying for registration of legal representative:

1) Name, organizational structure and regulations;

2) Fixed domicile and necessary facilities;

3) The capital amount and number of employees shall conform to both national regulations and the unit's scale of business and service;

4) The legal representative independently bears civil liability;

5) The scope of business conforms to national laws, regulations and policies.

2. According to the Law of the PRC on Partnerships, establishment of a partnership shall meet the following conditions:

(1) A partnership enterprise shall have two or more partners. If a partner is a natural person, he or she shall have full capacity for civil conduct;

(2) A written partnership agreement;

(3) Capital subscribed for or actually contributed by partners;

(4) A name for the partnership as well as production and business premises;

(5) Other conditions provided for by laws and administrative regulations.

Charging standard:

Standard: 0.08‰ of the registered capital. For those whose registered capital exceeds 10 million yuan ($1.58 million), an additional 0.04‰ of the added capital is charged. If the registered capital exceeds 100 million yuan, there is no extra charge.

Legal basis: No 1707, Price set by National Development and Reform Commission (NDRC) and the Ministry of Finance [1999]; No 279, Price set by Henan Provincial Price Bureau and Department of Finance [1999]; No 414, Price set by the Ministry of Finance and Department of Price of NDRC [1992]; Article 56 of Regulations of Company Registration of the PRC.

Non-legal-representative: 300 yuan ($47.80)

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