Business-starting Investment Enterprises
BIZCHINA / Company laws
Provisions Concerning the Administration of Foreign-funded
Business-starting Investment Enterprises
Updated: 2006-04-17 10:37
Article10 The FBIEs shall give a clear indication of "Business-starting
Investment" in its name. Except for business-starting investment
enterprises, none of the other foreign investment enterprises may use the
aforesaid words in their name.
Article11 In applying for establishing an FBIE, the following documents
shall be submitted to the registration organ and shall be responsible for
their authenticity and effectiveness:
(1) registration application signed by the chairman of the board of
directors or by the person-in-charge of the joint management committee;
(2) contracts, articles of association, the documents and certificate of
approval issued by the approving authorities;
(3) legal license to do business or the certification of the ID of the
investor;
(4) credit certification of the investor;
(5) appointment documents and the certification of the ID of the legal
representative and archival documents of the directors and managers of
this enterprise;
(6) notice of pre-approval of its name;
(7) the certification of the address of the enterprise and the
certification of its business offices.
In the case of applying for establishing a non-legal-person organization,
the applicant shall submit the articles or agreement of overseas
indispensable investors besides the aforesaid materials. Where an
enterprise includes investors as provided in
Article7 (4) of the present Provisions, the applicant shall submit the
letter of undertaking issued by its affiliated entity, which is to bear
the joint liabilities of investments. All of the aforesaid documents
should be written in Chinese. Those written in foreign languages other
than Chinese shall be accompanied by good Chinese translations.
An FBIE should apply to the original registration organ for the
modification registration of its modified registration matters.
Article12 Upon the approval of the registration organ, the incorporated
FBIEs shall be issued the business license of legal entity, and the
non-legal-person FBIEs shall be issued a business license.
A business license shall clearly states the total registered capital of
the investors and the names of the dispensable investors.
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