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The Examination and Approval of the Alteration of Contracts and Articles of Original Foreign-invested Enterprise with Provincial Examination and Approval Authority
2011/03/29     Source:

Summary Information of Process

Name of process or project

The examination and approval of changes of contracts and articles of original foreign-invested enterprise with provincial examination and approval authority

Code of process or project

Q54313

Department

Provincial Economic and Technical Cooperation Bureau

Project types

Approval with a preceded examination

Basis of examination-approval and charge

1.REGULATIONS FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE'S
REPUBLIC OF CHINA ON CHINESE-FOREIGN EQUITY JOINT VENTURES

2.RULES ON THE IMPLEMENTATION OF THE LAW OF PEOPLE'S REPUBLIC OF CHINA ON SINO-FOREIGN JOINT COOPERATIVE VENTURES

3. RULES FOR THE IMPLEMENTATION OF THE LAW OF THE PEOPLE'S REPUBLIC
OF CHINA ON FOREIGN-CAPITAL ENTERPRISES

4.PROVISIONS FOR THE ALTERATION OF INVESTORS’ EQUITIES IN FOREIGN-FUNDED ENTERPRISES

Requirements for declaration

Procedure of the examination and approval

Office of examination and approval’s acceptance and preliminary examination

Issue the approval document and print the certificate of approval

Office of examination and approval makes a public notification.

Contents of materials for declaration

Application documents of the enterprise to department of examination and approval (original document);  Available resolution on alterations of the board of directors of the enterprise or decisions of the executive director (original document); Agreement on contracts and articles amendment of enterprise investors (original document); Valid business license from business management department (examine the original and keep the photocopy); Approval documents on enterprise contracts, articles and members of the board of directors issued by department of examination and approval;⑹ Original contracts and articles of the enterprise before alterations (return after examination); Original documents of the certificate of enterprise approval (originals and duplicate 2)(if there is no alteration in the contents of approval certificate, duplicate 2 is examined and then returned); Capital verification report issued by accounting firm (examine the original and keep the photocopy); If without direct affixing opinions, letter of authorization with signature of corporate representative is required. State clearly the scope and time limit of authority in letter of authorization; Alteration of enterprise’s name requires attached approval certificate on new name from Industrial and Commercial Bureau. (original document); Alteration of legal address requires attached certificate of factory location affirmation from State Security Department (original document); Alterations of aggregate investment and registered capital: if the increase of investment is involved, contribution plan of newly-increased capital needs to be attached, and list time limit , amount and content of contribution. If state-owned assets for Chinese investment are involved, certificate of evaluation from state-owned assets evaluation authority is attached and verified from department of state-owned assets management. If land input is involved, the certificate from department of land management is attached (examine the original and keep the photocopy). State clearly sufficient reasons for capital decrease in application report when registered capital is decreased. And balance sheets of enterprises issued by Certificate Public Accountant is attached; When a new foreign investor is joined, certificate of subject qualification or identity certificate of an investor shall be notarized and authenticated by local notary public and local Chinese consulate. The certificate of subject qualification or identity certificate of an investor from Hong Kong, Macao or Taiwan Region shall be accompanied by a notarial document of local notarial authority.

Time limit for commitment

Seven days

Charging standard

0 yuan (Provincial Economic and Technical Cooperation Bureau)

Quantity limit

No limit

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