Examination
& Ratification Procedures for Establishment of the Foreign-Invested
Enterprises in the NHZ and Preparation of Documents
The Examination & Ratification Procedures for
Establishment of the Foreign-Invested Enterprises in the NHZ include
two phases:
(A) Phase of Project-Establishment
and Entering the NHZ
1) To submit the application for entering the NHZ
to the Administration Commission of NHZ:
For the Joint Venture Companies (JVCs), the Sino-Foreign
Cooperative Enterprises (SFCEs), the application will be made by
the Chinese sponsor or the unit controlling it, for the Wholly Foreign-Owned
Enterprises (WFOEs), so will be done by the Foreign Partner.
2) To provide the Letter of Intent for Cooperation,
or the Project Proposal and the Feasibility Report, which have been
signed by the investors' legal representatives.
3) To provide the certificates and materials:
a) Duplicates of the investors' legal Certificates
of Business Opening (Business License), ( there is an exception,
i.e., these copies are not required for the foreign individual's
investment. )
b)Duplicates of the identification documents of
the investors' legal representatives.
c) The Capital Credit Certificate given by the
bank where an investor has opened an account.
4) To fill in the Application Form for Project-Establishment
of the Foreign-Invested Enterprise in Nanjing.
(B) Phase of Examination and Ratification
of the Contact and Constitution
1) An application Report for requesting the Administrative
Commission of NHZ to examine and ratify the Contact and Constitution
( Application for Project-Establishment in the NHZ made by the applicant.
2) The Contact and Constitution signed by the investors'
legal representatives or the appointed persons with authority.
3) A Notice of having checked and approved the
Registration of the Name.
4) The Certificates for the operation sites ( the
contracts or certificates of leasing or buying the real-estate
5) The Examination and Approval Form of Environmental
Protection.
6) The Examination and Approval Form of Fire Prevention
( For the projects without the dangerous articles, such as the explosive
and flammable ones, it can be not filled. )
7) The Appointment Certificates for the members
of the Board of Directors appointed by each investor, and the list
of the proposed general manager and the vice general managers.
After the above-mentioned documents have been completely
prepared, and examined by the Administrative Commission of NHZ,
a Notice of having ratified the Contract and Constitution will be
given within one week, and the " Certificate for Approval of
the Foreign -Invested Enterprises in the People's Republic of China
(Copy)" will be issued to the investor.
The enterprises should pay the total registered
capital according to the Contracts and Constitution. After the legal
authorized organ in charge of the verification of capital has given
the Report on Verification of Capital to the investor, the"
Certificate for Approval of the Foreign-Invested Enterprises in
the People's Republic of China (Copy)" can be changed into
the Original (Master Copy).
The Succeeding Procedures for the Examination and
Ratification
1) Registration of Industry and Commerce
With the Notice of having ratified the Contract
and Constitution and the " Certificate for Approval of the
Foreign-Invested Enterprises in the People's Republic of China (Copy)",
the investor can go to the Nanjing Municipal Industrial and Commercial
Administration Bureau, NHZ Branch to go through the registration
formalities, and to obtain the "Business License (Copy)",
which will be changed into the "Business License (Original)"
after the verification of the capital.
2) To go through the formalities of making an official
seal in the Nanjing Municipal Public Security Bureau, NHZ Branch
.
3) To complete the registration of taxation in
the Nanjing Municipal State-Taxation Bureau, Gaoxin Branch and the
Nanjing Municipal Local-Taxation Bureau, Gaoxin Branch.
4) To complete the Registration Card of Foreign
Currency Account in the Nanjing Municipal Bureau of Foreign Exchange
Control
5) To open an account in a bank.
6) To report to the customs a case to be put on
record.
7) To report to the commodity inspection bureau
a case to be put on record.
Note:
1) In the process of application, all certificates and the signed
documents must be prepared with 10 copies, including 4 copies of
Originals and 6 copies of duplicates. And each copy of the Originals
and the duplicates should be submitted to the Administrative Commission
of NHZ.
2) For the definite requirements for executing the succeeding procedures,
refer to the regulations of the related organs in detail.
3) As for the investment of the Hong Kong, Macao and Taiwan Compatriots,
please refer to the above formalities to deal with it.