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What materials are required when foreign funded stock companies start a business, or modify or cancel a registration?
(01/15/2003)

Procedures for starting a business:

(1) An Application Letter for the Registration of Foreign Funded Enterprises signed by the legal representative.
(2) The Notice for Examination and Approval of the Corporate Names. (Original)
(3) The official and written reply to the contract and articles of association made by the examining and approving body. (Copy)
(4) The official and written reply from the Foreign Capital Commission. For a company formed by stock floatation, it is required to submit the approval documents issued by national securities administration department. (Original or sealed copy)
(5) The conference records of the founding assembly. (Original)
(6) The resolutions of the board of directors and board of supervisors. (Original)
(7) The articles of association. (Original)
(8) The auditor's report of finances of the organization of company. (Original)
(9) The report of the verification of capital. (Original)
(10) The approval documents issued by the department for administration of state-owned assets if the state-owned enterprise makes investment in kind.  (Original)
(11) The banker's reference for the investor. (Original)
(12) The documents revealing the office-holdings of the directors from the parties to the venture. (Original)
(13) The Registration Forms for Records of directors, supervisors and general managers.
(14) The identification documents of the directors and supervisors.
(15) The certificate for the right to use the domicile.

Procedures for modification:

(1)  A Letter of Application for the Modification of Registration of Foreign Funded Enterprises signed by a legal representative of the enterprise. (Original)
(2)  The official and written reply of the original examining and approving authority and the duplicate of the certificate of approval. (Original) (Changes of nonproductive places and directors or supervisors are excluded from this case)
(3)  The original and duplicate of the business license. (Original)
(4)  The modified version of the contract or articles of association. (Original) (Changes of domiciles, directors and supervisors are excluded from this case).
Only the above materials are required for the modification of operating periods and business scope.

Modification of other registration items shall require these additional materials:

(1) A certificate for the right to change the domicile. IS THIS WHAT IS MEANT?
(2) The agreement for the transfer of stock rights, the certificate for the new enterprise to start business and the banker's reference in the transfer of stock rights. In case the transfer involves the transfer of state-owned assets, the confirmation of asset appraisal by the national department for the administration of state-owned assets is also required. (Original)
(3) Three public notices made by the enterprise in the deduction of registered capital. (Original)
(4) The office-holding certificate and the effective identification documents to register the changes of legal representative, director and supervisor. (Duplicate)
(5) The verification of the payment in full of the incremental capital for the establishment of new branches or the effective extension of the duration of validity.
(6) The official and written reply of approval from both regions and the certificate of the right to use the domicile in trans-regional relocation registration.
(7) After receiving the application letter, only the written self-evaluation signed by the legal representative and the public notice published in the newspaper at the provincial level are required in the reissue of a license and certificate. (Original)
(8) If the investor's name has been changed, a legal certificate for starting a business by the new investor. (Copy)

Procedures for cancellation:

(1) The application letter of registration cancellation of foreign funded enterprise (or the branch enterprise and administrative body) signed by legal representative.
(2) The official and written reply about the cancellation of enterprise by the examining and approving authority (excluding the expiration of duration). (Copy)
(3) The duty paid proof issued by tax authority. (Original)
(4) The duty paid proof issued by custom.
(5) The report of the completion of settlement of claims and debts or the documents of the settlement of claims and debts carried out by liquidating group. (Original)                  (6) The original and duplicate business license of business corporation. (Original),  IC card and official seal.