Basic Information

Business type	Administrative permit	Certificate type	Immediate
Business category	Establishment and change   Foreign-related services	Implementing entity	Shanghai Municipal Administration for Market Regulation
Nature of implementing entity	Legal body	Code of implementing entity	11310000MB2F3067XN
Service subjects	Other organization	Approval subjects	Establishment: Enterprises of other countries (regions) allowed by law to establish resident representative offices. Change, cancellation: Resident representative offices of the enterprises of other countries (regions) established according to law
Service scope	Across this Municipality	Exercising level	Municipal level
Source of power	Legal exercise at this level	Handling mode	Handling at the window, online handling
Is reservation available?	No	Is online payment available?	No
Is courier service available?	No	Is self-service terminal service available?	No
Co-handling body	No	Intermediary service	No
Quantity limit	No quantity limit.	Operating system	Municipal level
Required number of arrivals at the site	2	Depth of online handling	Online pre-approval
Handling period specified by law	11 (working days)	Committed time limit for closing	Closing on the spot (working day)
Business status	In use	Business version	13
Whether it is available at the online administrative service center	Yes
Applicable scope	The Guide applies to establishment, change (filing) and cancellation registration of resident representative offices of enterprises of other countries (regions) within the jurisdiction of Shanghai.
Content of review and approval	Establishment, change (filing) and cancellation registration of resident representative offices of enterprises of other countries (regions).
Division of authority	Shanghai Municipal Administration for Market Regulation: Responsible for registration of representative officers within the jurisdiction of Shanghai (excluding China (Shanghai) Pilot Free Trade Zone and Pudong New Area); the market supervision administrations of China (Shanghai) Pilot Free Trade Zone and Pudong New Area: Responsible for registration of representative offices within their respective jurisdiction.

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Conditions for Acceptance

The application materials are complete and prepared in a legal form. See details in the List of Application Materials.

Application Materials

Instructions for Filling

1. The application materials shall be sequenced in the order as set out in the List of Application Materials in this Guide;

2. The documents prepared by the Applicant are printed with A4 papers, and those issued by the government and other authorities shall be provided in the size(s) as the original(s);

3. Copies of the application materials shall be clear and legible.

Formal Standards

1.  The application materials should be organized in the order specified in the application form herein; 2. Duplicates of the application materials should be legible; 3. The application should be signed by authorized signatory of the enterprises of other countries (regions) in black or blue-black ink or signature pen with neat writing.

List of Application Materials

Name of material	Source	Type of material	Number of hardcopy materials	Form of material	Remarks	Mandatory or not	Template	Blank form
Application form for registration (filing) of resident representative offices	Applicant should fill in against the sample form	Original	1	Hardcopy	View details	Mandatory	Download to view	Downloadthe Form
Certificates of domicile and of legal operations for more than 2 years of the enterprises of other countries (regions)	The relevant departments of the country or region in which the enterprises of other countries (regions) are based	Original	1	Hardcopy	View details	Mandatory
Articles of Association or organizational agreement of enterprises of other countries (regions)	Prepared by the Applicant	Original	1	Hardcopy	View details	Mandatory
Certificates of authorizing or proving the authorized signatory issued by enterprises of other countries (regions)	Prepared by the Applicant	Original	1	Hardcopy	View details	Mandatory
Documents for the appointment of the chief representative and the representative issued by enterprises of other countries (regions), and the resume and identification of the chief representative and the representative	Prepared by the Applicant	Original	1	Hardcopy	View details	Mandatory
A certificate of credit issued by a financial institution having business relations with enterprises of other countries (regions)	Prepared by the Applicant	Original	1	Hardcopy	View details	Mandatory
Certificate for legal usage of the workplace by the representative office	Prepared by the Applicant	Original	1	Hardcopy or electronic	View details	Mandatory
Approval documents issued by the approving authority	Competent government departments	Original	1	Hardcopy	View details	Not mandatory

Name of the Application Document

Application form for registration (filing) of resident representative offices

Place of Business Handling

Place of Business Handling

The Government Service Hall of Shanghai Municipal Administration for Market Regulation, No.301, Zhaojiabang Road

Business Hours

9:00-11:30 and 13:30-16:30 (14:00-16:30 in summer) from Monday to Friday (except for statutory holidays)

Legal Basis

Paragraph 1 of Article 4 of the Regulations on the Registration and Administration of Resident Representative Offices of Foreign Enterprises (amended by Decree No.584 of the State Council of Peoples Republic of China on July 18, 2013): The establishment, change and termination in respect of Representative Offices shall be registered pursuant to these Regulations. Paragraph 1 of Article 5: The administrations for industry and commerce of the peoples governments of provinces, autonomous regions and municipalities directly under the central government shall be the competent authorities for the registration and administration of Representative Offices.

Procedures of Business Handling

View the flow chart

Mode of Business Handling

Mode of Business Handling

1. Procedure of making decision on-site

 (1) Business description

After the applicant submits the materials, one staff member of the administrative departments of registration would review the materials and decide on-site on whether to register.

 (2) Applicable situation

Establishment registration application not subject to verification.

2. Procedure of verification

 (1) Business description

The administrative departments of registration decide to accept the application, designate more than 2 staff members to verify the application materials, and decide whether to register based on the result of verification.

 (2) Applicable situation

The application materials are complete and in accordance with the statutory form, but are subject to verification.

Special Procedures

No

Approval Certificate

No

Review and Approval Charges

Charged or not

No

Rights and obligations of the applicant

The applicant shall have the following rights according to laws:

1. If the applicant meets the legal conditions and standards, he/she shall have the equal right to obtain an administrative permit in accordance with the law;

2. The applicants have the right to state on and defend against the implementation of administrative permit by the market regulator;

3. The applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law;

4. Where legal rights of applicants damaged by illegal implementation of administrative permit by the market regulator, applicants are entitled to claim compensation according to law.

The applicant shall have the following obligations according to laws:

In applying for the administrative permit, the applicants shall truthfully submit the relevant materials to the market regulatory authority and demonstrate the true situation, and shall be responsible for the authenticity of the substantial contents of the application materials.

Consultation Method

Consultation Phone

(021)64220000-5475; (021)12345

Consultation Approach

http://scjgj.sh.gov.cn/shaic/consult!toQuestion.action

Supervision and Complaint Method

Complaint Phone

(021)12345

Complaint Channel

http://scjgj.sh.gov.cn

FAQs

FAQs

Question: Is it necessary to add translation documents for the establishment of the representative office? Is notarization or certification required?

Answer: The original documents should be accompanied by a Chinese translation, and translation documents made in China do not require notarization or certification in China.

Common Unacceptable Sample

Common mistake:  The application is not signed by the authorized signatory of the enterprise of other countries (regions).

Correct action: The application should be signed by the authorized signatory of the enterprise of other countries (regions). In the case of authorized signatory changed, relevant documentary evidence should be provided (and the authorized signatory should be recorded).