Establishment of Representative Office of Foreign Enterprises in China
A foreign enterprise, when applying for permission to establish a resident office in China, should produce the following documents and reference materials:
(1) An application form signed by the chairman of the board of directors or the general manager of that enterprise. The content of the application form should include such details as the name of the resident office to be set up, the name(s) of the responsible member(s), the scope of activity, duration and site of the office;
(2) The legal document sanctioning the operation of that enterprise issued by the authorities of the country or the region in which that enterprise operates;
(3) The capital creditability document issued by the banking
institution(s) which has business contacts with that enterprise;
(4) The credentials and brief biographies of the members of the resident office appointed by that enterprise.
A banking or insurance institution which desires to open a resident office should, apart from producing the documents and reference materials as specified in Paragraphs (1), (2) and (4) of the foregone section, produce at the same time an annual report on the assets and liabilities and losses and profits of the head office of that enterprise, its constitution and the composition of its board of directors.
Applications of foreign enterprises for permission to establish resident offices are to be approved by one of the following organizations:
(1) A trader, manufacturer or a shipping agent should apply to the Ministry of Foreign Trade of the People's Republic of China for approval;
(2) A banking or insurance institution should apply to the People's Bank of China for approval;
(3) A maritime shipping operator or a maritime shipping agent should apply to the Ministry of Communications of the People's Republic of China for approval;
(4) An air transport enterprise should apply to the General Administration of Civil Aviation of China for approval;
(5) Enterprises outside these lines of activity should, according to the nature of their operations, apply to the proper commissions, ministries or bureaus under the Government of the People's Republic of China for approval.
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