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What regulations govern the capital contribution period of foreign funded enterprises?
(01/15/2003)

Chinese-foreign equity joint venture. The parties to the venture shall specify the capital contribution period in the contract and pay capital fully as specified in the contract. The investment certificate issued by the enterprise according to appropriate regulations should be filed with the original examination and approval authorities and administrative department for industry and commerce for record.
If the capital contribution period is specified as payment in the contract in lump sum, parties to the venture shall pay capital fully within 6 months from the issuing date of the business license.
If the capital contribution period is specified in the contract as payment in installments, the first payment of parties to the venture shall not be less than 15% of their respective subscription. And all capital should be paid within 3 months from the issuing date of the business license.
In case the parties to the venture fail to pay the capital within the contribution period, the enterprise will be regarded as in automatic dissolution. The approval certificate for equity joint ventures will be null and void automatically. The equity joint venture shall cancel its registration with the administrative department for industry and commerce and return its business license for cancellation. In case the enterprise fails to cancel its registration and hand in its business license for cancellation, the administrative department will cancel the license and issue a public notice.

Chinese-foreign contractual joint venture. The Chinese and foreign parties shall, in accordance with the provisions of the laws and regulations and the agreements in the contractual joint venture contract, duly fulfill their obligations of contributing full investment and providing the conditions for operation. In case of failure to do so within the prescribed time, the administrative department for industry and commerce shall set another time limit for the fulfillment of such obligations; if such obligations are still not fulfilled by the new time limit, the matter shall be handled by the examination and approval authority and the administrative department for industry and commerce according to relevant State regulations.

Foreign capital enterprises. The foreign investor's capital contribution period shall be specified in the
Application Letter and Articles of Foreign Capital Enterprise.. Foreign investors may pay capital in installments, but the last payment should be paid within 3 years from the issuing date of the business license. And the first payment shall not be less than 15% of the total subscription amount and shall be paid within 90 days from the issuing date of the business license.
If the foreign investor fails to make the first payment in accordance with the regulations of the preceding paragraph, the approval certificate for the equity joint venture will automatically be null and void. The contractual joint venture shall cancel its registration with the administrative department for industry and commerce and hand in its business license for cancellation. In case the enterprise fail to cancel its registration and hand in business license for cancellation, the administrative department will cancel the license and issue a public notice.