The approval and filing procedure for foreign investment in china
MOFCOM is in charge of approval for restricted foreign investment and record-filing of permitted and encouraged foreign investment.
SAMR is in charge of corporate registration after approval or record-filing by MOFCOM has been completed.
The following documents shall be submitted to MOFCOM and SAMR for incorporation of a WFOE:
- The Articles of Association, which define the organization and corporate governance of the company;
- Incorporation certificate of the shareholder;
- Shareholder’s decision or resolution on incorporation of a WFOE;
- Appointment letter for director(s), supervisor and general manager;
- Application forms; and
- Other documents may be required to be submitted by MOFCOM and/or SAMR
For a joint venture company, the Joint Venture Contract shall be included in the incorporation documents.
Issuance of the business license
Upon the approval certificate or filing record issued by MOFCOM and the issuance of business license by the competent SAMR, the FIE will be formally established under PRC law and can start to operate its activities except for post-approval and/or registration.
For incorporation of certain FIEs in manufacturing business, an environmental impact assessment report (EIA) must be established. It must concern on the construction of factory and process of manufacturing. It must be submitted to and approved by the Environmental Protection Bureau.
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