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Shenzhen Company Registration FAQs

Q In what forms is Foreign Investment Enterprise incorporated?

A In the form of Wholly Foreign-owned Enterprise , Sino-Foreign Equity Joint Venture, or Sino-Foreign Co-operative Joint Venture.

         

Q What is notable in registering the company name of Foreign Investment Enterprise ?

A The following points should be noted in registering the company name of Foreign Investment Enterprise:

Company name shall not be identical to the name of other registered company in the same industry or unstated industry, except for those with investment relations.

 

It shall not be identical to the original name of the enterprise renamed less than one year ago.

 

It shall not be identical to the name of the enterprise deregistered or whose business license was revoked less than three years ago.

 

It shall be subject to the approval of relevant authority for the use of words, such as "Country", "China", "Guangdong", "International" and others.

 

It shall not include Chinese phonetic alphabet or pinyin (i.e. Bopomofo) or Hindu-Arabic numerals.

 

         

Q  What are the requirements for the time limit of capital subscription of Foreign Investment Enterprise?

A According to the following two ways:

 

The capital to be subscribed in lump sum as contemplated in the Articles of Association shall be paid up within six months from the date of issue of Business License.

 

The capital to be subscribed by installment as contemplated in the Articles of Association shall be paid up within three months from the date of issue of Business License, with the first installment not to be less than 20% of the amount of capital subscription.

 

         

Q In what forms is Foreign Investment Enterprise subscribing capital?

A In the form of cash, or property, plant, machinery equipment or other materials, industrial property right, know-how, right to the use of a site and others.

         

Q Does the import/export right of Foreign Investment Enterprise need separate application?

A No, it needs only filing and registration with relevant authority before conducting import/export business.

         

Q What process should be involved in Foreign Investment Enterprise Incorporation generally?

A Subject to following sequence in application for Foreign Investment Enterprise Incorporation (if fire protection, health, environmental protection and other pre-approval and examination conditions are involved, these certificates should be obtained first):

 

Approval of local Department of Foreign Trade & Economic Cooperation;

 

Application for Business License to Administration for Industry and Commerce;

 

Ordering Official Company Seal with Public Security Bureau;

 

Processing Certificate of Institutional Code;

 

Opening bank account;

 

Processing National or Local Tax Registration Certificate;

 

Financial Registration Certificate.

 

Foreign Exchange Registration Certificate.

 

Customs Registration Certificate.

 

Processing recruiting formality and expatriating employment formality

 

Q What should be included in the "credit certificate" issued by the bank?

A Included are:

The bank shall certify when the company opens account and note: good operation, normal dealings and no bad record since opening, or

 

The bank shall certify the company has deposit balance being equal or higher than the amount of authorized capital.

 

The bank shall certify how many digits there are in the deposit amount of company (the number of digits must be equal to the number of digits in the amount of authorized capital).

 

Translation text shall be submitted under the seal of relevant translation company, if the bank reference letter is in a foreign language.

 

         

Q What documents should be notarially certified in Foreign Investment Enterprise Incorporation?

A Documents to be notarially certified includes:

Foreign investor enterprise‘s business registration certificate.

 

ID card or passport shall be notarially certified, if the foreign investor is personal.

 

The foregoing certificates shall be subject to notarization by local solicitors first and certification by local Chinese consulate/embassy later; while the certificates of enterprises in Hong Kong and Macau regions shall be subject to notarization by Chinese authorized public notary.

 

         

Q Who will act as the corporate representative of Foreign Investment Enterprise?

A In general, the chairman can act as corporate representative, and who can also appoint another Chinese citizen to this role.

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