Business Service
Guideline for Handling Establishment of Investment Company, Venture Capital Enterprise and Commercial Enterprise Referring to Special Commodity by Foreign-Funded Enterprises
Release time:2016-10-10 Browse:
 

1. Application Condition

 

The following need to be submitted to establish investment company:

 

1). Approval certificate that proves foreign investor has invested enterprise (copy), business license (copy) and capital verification report issued by Chinese certificated public accountant (copy);

 

2). Legally audited balance sheets of investors in recent 3 years;

 

3). Guarantee letter that should be submitted in the light of the stipulation in Article 5 of the Regulations on Investment and Establishment of Investment Company by Foreign Investment

 

The following need to be submitted to establish venture capital enterprise:

 

1). Written statement by indispensable investor (the statement shall contain: qualification criteria proving the investor conforms to the stipulations in Article 7 of the Regulations on Management of Venture Capital Enterprises by Foreign Investment; authenticity of all submitted materials; and investor will strictly abide by this regulation and requirements in other relevant laws and rules of China)

 

2). Legal opinion paper that proves legal existence of indispensable investor and acquisition of effective authorization and signing of the above-mentioned statement issued by law office;

 

3.) Descriptions about venture capital business, management capital in the last 3 years before application and invested capital as well as resumes of professional management people of venture capital of indispensable investor;

 

4.) Relevant eligible materials of associative entities if the qualification criteria of indispensable investor conforms to the stipulations of Item 4 in Article 7 of the Regulations on Management of Venture Capital Enterprise by Foreign Investment.

 

The following need to be submitted to establish commercial enterprise referring to special commodity

 

1). Record filling form of commercial enterprise’s information;

 

2). Documentary evidence (copy) of the right of use and (or) the housing rental agreement (copy) of the land where store plans to open (referring to open store);

 

3). Identification of the person in charge of the store to be built (copy).

 

2. Handling Materials

 

1). Declaration document submitted to the Wuxi Municipal Bureau of Commerce by preliminary review department;

 

2). Application form about enterprise establishment signed by investor (letter of authorization of intermediary organ is entrusted to handle);

 

3). Feasibility study reform jointly compiled by parties to the joint venture;

 

4). Application form for right as principal of domestic and foreign investor (non-natural person);

 

5). Contract and constitution signed by investor or authorized representative (individual proprietorship and joint stock company shall only provide constitution, while that through joint venture by foreign investor shall provide joint venture agreement);

 

6). Opinions of national competent industrial department;

 

7). Valid certification of Chinese and foreign investors as legal operators (foreign investors shall provide notarization and authentication materials) and their credit certification together with Chinese documents translated by translation institutions with qualification certificate;

 

8). List of board members and their valid identification together with letter of delegation supervisor delegation paper signed by legal representative and his or her valid identification;

 

9). Valid documents in environmental protection, firefighting and land;

 

10). Letter of notice of name pre-approval;

 

11). Audit report of Chinese investor in the previous year (investigating owners’ equity);

 

12). Equipment list;

 

13). Letter of authorization of investor;

 

14). Letter of authorization of delivering legal document within the border signed by the person entrusting or being entrusted;

 

15). Other documents that examination and approval authority orders to submit.

 

3. Handling Procedure

 

Link

Handling content

Handling place

Handling department

Acceptance

Application acceptance and registration

Hall in the first floor of No. 12 Building of Civic Center

Window of the commerce bureau of the Wuxi Administrative Service Center

Preliminary review

Drafting of document after pass of preliminary review by business office of bureau

Office 433 in the fourth floor of No. 5 Building of Civic Center

Foreign Investment Office under the Wuxi Municipal Bureau of Commerce

Signing and issuance

Document examination, signing and issuance by director in charge of business of bureau

Office 433 in the fourth floor of No. 5 Building of Civic Center

Foreign Investment Office under the Wuxi Municipal Bureau of Commerce

Certificate printing

Printing of approval certificate

Office 433 in the fourth floor of No. 5 Building of Civic Center

Foreign Investment Office under the Wuxi Municipal Bureau of Commerce

 

4. Setting Bases

 

1). Article 3 of the Law on Joint Chinese and Foreign Investment Enterprises

 

2). Article 6 of the Implementation Regulations on the Law on Joint Chinese and Foreign Investment Enterprises

 

3). Article 5 of the Law on Sino-Foreign Cooperative Joint Venture Enterprises

 

4). Article 6 of the Detailed Implementation Rules on the Law on Sino-Foreign Cooperative Joint Venture Enterprises

 

5). Article 6 of the Law on Foreign-Funded Enterprises

 

6). Article 7 of the Detailed Implementation Rules on the Law on Foreign-Funded Enterprises

 

7). Item 1 in Article 12 of the Regulations on Guidance of Foreign Investment Orientation (No. 346, order of the State Council

 

8). Decision on Investment System Reform by the State Council

 

9). Notice on the Execution Views on Several Issues about Applicable to Laws of Examination, Approval, Registration and Management for Foreign-Funded Companies issued by 4 ministers and commission of the state (No. 81, 2006, regulation of foreign enterprises by the State Administration for Industry & Commerce of the People’s Republic of China)

 

10). Notice on implementing online examinational and approval on founding and alteration of foreign-funded enterprises in part regions (No. 687, 2005, foreign trade, economy and capital of Jiangsu)

 

11). Guidance Catalogue on Foreign Investment Industries (revised edition in 2015)

 

12). Corporation Law

 

13). Regulations on Establishing Investment Company by Foreign Investment

 

14). Supplementary Regulations on Establishing Investment Company by Foreign Investment

 

15). Regulations on Management of Venture Capital Enterprises by Foreign Investment

 

16). Notice on Examination and Approval Items of Venture Capital Enterprise and Venture Capital Investment Management Enterprise by Foreign Investment of the Ministry of Commerce of the People’s Republic of China

 

17). Notice on Perfecting Record Filing Management of Venture Capital Enterprises by Foreign Investment of the Ministry of Commerce of the People’s Republic of China

 

18). Implementation Measures on Management of Automobile Brand Sale

 

19). Measures on Management of Product Oil Market

 

20). Regulations on Management of Publication Market

 

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