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What documents and materials are required for an application?
(01/15/2003)

1.Materials required by the enterpriser when applying for examination and approval by the authority for the establishment, extension of duration, modification, and termination of foreign enterprises and those from Taiwan, Hong Kong and Macao.

A. A Letter of Examination and Approval of the resident representative offices of enterprises from foreign countries, Taiwan, Hong Kong and Macao.
B. The Application Report entrusting the enterpriser to handle the establishment, extension of duration, modification and termination of foreign enterprises and those from Taiwan, Hong Kong and Macao.
C. The Declaration Form for the establishment, extension of duration, modification and termination of foreign enterprises and those from Taiwan, Hong Kong and Macao.

2. Materials that should be submitted by foreign enterprises and those from Taiwan, Hong Kong and Macao applying to establish a resident representative office in Shanghai.

A. Written application signed by the president of the board of directors or general manager, which shall include: a brief introduction of the enterprise; the aim of establishing a resident representative office in Shanghai; the name of the representative office (the legal name of the representative office: the name of country or region of the company + the name of its representative office in Shanghai); the name of personnel (chief representative and representative); the scope of its business; term of residence; address of office;
B. The certificate of authority signed by the president of the board of directors or the general manager for the chief representative and representatives of the resident representative office, and the personal resumes and the copies of passports of the chief representative and other representatives.
C.A copy of the business registration license issued by the registration department of the country/state where the applicant enterprise is located and the original certificate in good condition.
D. The Original capital credit certificate issued by the corresponding bank; the foreign version of the aforesaid certificate shall be attached with the translated version provided by the appointed department.).
E. The copy of the leasing contract for the office building, the certificate of leasing and the certificate of residence.
F. The Declaration Form for the Establishment of a Representative Office and the Declaration Form for Personnel of the Representative Office.
G. In case the resident representative office needs to extend its term of residence, it is required to present the effective Certificate of Tax Registration (or Tax-paying Certificate) and the copy of its business license.
H. In case the resident representative office applies for any modification, the enterprise shall submit relevant documents of modification.
I. In case the resident representative office applies for termination, the enterprise shall submit the Letter of Application for Termination signed by the president of the board of directors or the general manager and return related documents such as the Certificate of Approval at the same time.

Time limits:

1. The examination and approval authority, within 10 days of receiving the application documents, shall decide whether to approve or not.
2. After the approval of the application for establishing a resident representative office by foreign enterprises and those from Taiwan, Hong Kong and Macao, the chief representative shall receive the approval certificate from the examination and approval authority within specified issuing period (or it may also entrust certain institutions to receive the certificate according to relevant regulations). The chief representative, within 30 days of the issuing date, shall go through the registration formalities at the registration department for the Certificate of Approval. If it fails to do so, the Certificate of approval will become null and void automatically and will be cancelled by the examination and approval authority.
3. If the resident representative office needs to extend the term of residence, the enterprise shall entrust the original undertaker to file the application for extension to the examination and approval authority 60 days in advance.
4. If the resident representative office applies for termination, the enterprise shall submit the Letter of Application for Termination in time and entrust the original undertaker to apply for registration at the examination and approval authority. After the settlement of outstanding obligations and taxes due and other relevant affairs, the enterprise shall go through the formalities of cancellation: customs documents completion; long-term residence and business registration.