What are the requirements for foreigners to register Chinese companies? For example, foreign Chinese registered companies in China, is this company a foreign company? Then we must first clarify the concept of foreign companies: investors are overseas institutions or individuals (including Hong Kong, Macao and Taiwan) Therefore, the above companies should belong to foreign-funded enterprises. Procedures for ordinary foreign-funded companies: name check → Commerce Commission → Industry and Commerce → quality inspection → taxation → SAFE → bank account (foreign currency account and RMB account) → remittance of capital → issue capital verification report → change of license → apply for statistical certificate Certificate registration certificate.
Related Regulations on foreigners registering companies in China?
Q: I am a Singaporean. I want to register a trading company in China and do import and export business. What are the relevant industrial and commercial regulations in China? How much registration capital is required? Related procedures?
A: There is no difference between Chinese and foreigners in setting up a company.
Rules of the People s Republic of China for the Implementation of the Regulations on the Administration of Registration of Enterprise Legal Persons
Article 1 According to the Regulations of the People s Republic of China on the Registration and Administration of Enterprise Legal Persons (hereinafter referred to as the Regulations
Article 2: Enterprises owned by the whole people, collectively-owned enterprises, associates, foreign-invested enterprises (including Chinese-foreign joint ventures, Chinese-foreign cooperative enterprises, and foreign-funded enterprises) and other enterprises that have the conditions for corporate legal persons shall be in accordance with national laws, Regulations and relevant provisions of these rules, apply for registration of corporate legal persons.
Article 3 Institutions that implement enterprise-oriented operations and the state no longer approves funds and scientific and technological social organizations engaged in business activities that prepare conditions for enterprise legal persons shall apply for enterprise legal person registration.
Article 4 The following enterprises and business units that do not meet the requirements for corporate legal persons shall apply for business registration:
(1) Joint ventures;
Two (2) the branches of the corporate legal person;
(3) Branches established by foreign-invested enterprises;
(4) Other units engaged in business activities.
Article 5 The office established by a foreign-invested enterprise shall apply for registration.
Article 6 Enterprises and business units that are required by the people s governments of provinces, autonomous regions, and municipalities directly under the Central Government to register shall apply for registration in accordance with the Regulations and the relevant provisions of these Rules.
Article 7 The administrative authority for industry and commerce is the competent authority for registration of business legal persons and business registration. The registration authority shall independently exercise its functions and powers in accordance with the law and implement the principle of hierarchical registration management.
Foreign-invested enterprises implement the principles of registration management and authorized registration management of the State Administration for Industry and Commerce.
The superior registration authority has the right to correct the decisions of the inferior registration authorities that are not in compliance with national laws, regulations and policies.
Article 14 To apply for the registration of an enterprise as a legal person, the following conditions shall be met (for foreign-invested enterprises):
(1) have a name and articles of association that meet the requirements;
(2) It has the property authorized by the state for the operation and management of the enterprise or the property owned by the enterprise, and can independently bear civil liability with its property;
(3) There are business management institutions, financial institutions, labor organizations and other institutions that must be established by laws or regulations to suit the scale of production and operation;
(4) Business premises and facilities that are necessary and compatible with the scope of business;
(5) There are employees who are suitable for the scale of production and operation and business, of which there shall be no less than 8 full-time employees;
(6) Having a sound accounting system, capable of independent accounting, self-financing, and independently preparing a balance sheet or balance sheet;
(7) There is a registered capital that meets the required amount and is compatible with the scope of business, of which the registered capital of a productive company must not be less than 300,000 yuan (RMB, the same below), and the registered capital of a commercial company dominated by wholesale business must not be Less than 500,000 yuan, the registered capital of a commercial company mainly engaged in retail business shall not be less than 300,000 yuan, the registered capital of a consulting service company shall not be less than 100,000 yuan, and the registered capital of other corporate legal persons shall not be less than 30,000 yuan Yuan, the state has special regulations for the amount of registered capital of enterprises in accordance with regulations;
(8) Having a business scope that complies with national laws, regulations and policies;
(9) Other conditions stipulated by laws and regulations.
What procedures do foreigners need to register a company in China?
Information required for foreign-invested Guangzhou companies:
(1) Provide a copy of personal passport, such as: the investor is a foreign individual (the passport needs to be notarized and certified by the Chinese embassy in the local area); if the investor is an individual from Hong Kong, Macau, and Taiwan (passes and ID cards need to be in Hong Kong) (Notarized by the lawyers offices in Macao, Macao and Taiwan, and the Ministry of Justice); 2 originals;
2 (2), provide a copy of personal resume;
(1) Provide a copy of the registration certificate (including company registration certificate, tax certificate, articles of association, set of documents at the time of establishment), such as: the investor is a foreign company (notarized by the Chinese embassy in China ); such as: investment Fang for Hong Kong, Macau, and Taiwan companies (need to go to Hong Kong, Macau, Taiwan s law firm and the Ministry of Justice for notarization and certification); 2 originals;
(2) Provide the audit report of the latest year audited by the accounting firm (need to be translated into Chinese and stamped with the official seal of the translation company);
2. Bank credit certificate; for example: the investor is a foreign individual (passport needs to be notarized and authenticated by the Chinese embassy in the local area); for example: the investor is an individual from Hong Kong, Macau, and Taiwan ( passes and ID cards need to go to Hong Kong, Macau, Taiwan (Notarized by the law firm and the Ministry of Justice); 2 originals;
Note: Refers to the account issued by the foreign bank, which indicates that the company is in good operating condition and the deposit amount reaches the registered capital of the company to be invested or is higher than the registered capital amount;
3. The lease contract of the company s office; the lessee must be the legal representative; (the lease term is more than one year and is filed by the Housing Authority) 2 originals and the relevant property certificate (including a copy of the real estate certificate, a copy of the fire license, Individuals provide ID copies and signatures, real estate belongs to the company, fire permits, provide licenses, legal person ID copies with official seals;) (use: office buildings, office buildings, such as production enterprises must be: plant);
4. 5 photos of the legal representative, the original legal representative s ID card or the original passport (you need to provide the original verification when handling the bank account);
Ii. Required documents (signature and stamp):
1. Notice of name pre-approval;
2. Application for the establishment of a foreign company; Articles of Association of a foreign company;
3. Power of attorney from the executive director or chairman of the foreign-funded enterprise, power of attorney for legal service documents;
4. Letter of appointment, list of members of the board of directors, resolutions of shareholders meeting, letter of appointment of manager, letter of appointment of supervisor, and letter of appointment of executive director;
5. Feasibility report; (self-operated project should be filled by the enterprise)
6. Joint investment cooperation contract (two foreigners or more than two companies need to provide investment)
7. Catalog of import and export commodities (needed to be provided by trading companies)
33. Application Procedures and Time:
1. Submit an application → 2. Approval by the Foreign Trade and Economic Cooperation Bureau about 45 working days → 3. Apply for a business registration certificate (10 working days) → 4. Apply for a code certificate (3 working days) → 5 . Apply for: Local and national tax registration certificate (1-3 working days) → 6. Forex IC card (10 working days) → 7. Bank account opening + capital verification account (7 working days) → 8 Applying for financial registration certificate (10 Working days) → 9. Apply for import and export rights (not needed for consulting companies) (45 working days) (about 120-145 working days for all completion).
24. All documents after registration:
1. The original and copy of the business license; 2. The original and copy of the code certificate and the IC card; 3. The original and copy of the local tax registration certificate; 4. The original and copy of the national tax registration certificate; 5. The reply document and the original approval certificate; 6. The official seal A set of financial and legal person s articles of association; 7, the articles of association of the company; 8, account opening permits. 9.Forex IC card; 10.The original and copy of the financial registration certificate;
Specific Process for foreigners to register foreign trade companies in mainland China
Q: Foreigners want to register a foreign trade company in mainland China and set up a small office. In this case, how do I register a foreign trade company?
Answers: 1. Application for Registration of Foreign Investment Enterprise (original) signed by the legal representative;
2. Notification of approval of enterprise name registration (original);
3. The approval of the approving department on the contract and articles of association (copy);
4. A copy of the approval certificate (1) (original);
5.Contracts and articles of association (original);
6. If state-owned enterprises invest in kind, they must provide confirmation documents (original) from the state-owned assets management department;
7. Bank credit certificate of foreign investor;
8. Documents of appointment of board members (original);
9. Signing form of directors and general manager registration;
10. Director s identity certificate (copy);
11. Proof of use of residence: house property right certificate or land use certificate. If it is a lease, a lease agreement (original or a copy of the company s official seal) with a lease term of at least one year is required .
Go to the Foreign Economic and Trade Commission (Office).