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Thereof Branches of enterprises with foreign/overseas
investment refers to those organizations established
by the enterprises outside of the original registered
places of operation for the purpose of expanding production
developing distribution channels and promoting products
of the enterprises concerned.
Documents required when Applying
for the Establishment of Branch Organizations or Offices
- Application prepared by the enterprises for the
establishment of branches.
- Decision of the board of directors of the enterprise.
- Report of the Verification of Capital Contributions
issued by an Office of Certified Public Accountants.
Procedures for Approval
- For establishment of branches in Tianjin
The enterprises shall present a request to the department
in charge for opinions and consent(in the case of
enterprises with a registered capital of over US$5,000,000,
consent should be obtained from the Tianjin Municipal
Commission of Foreign Relations and Trade)and , with
an official reply so obtained and the required documents
listed in the preceding paragraph, approach the Municipal
Administration of Industry and Commerce for the completion
of the necessary formalities. When registration is
approved by the Municipal Administration of Industry
and Commerce. A "Certificate of Registration
for Offices of Enterprises with Foreign/Overseas Investment"
shall be issued for the establishment of offices and
a "Business Licence of the People's Republic
of China" shall be issued for the establishment
of branch facilities of production, after which operations
may then start within business scope so approved.
- For establishment of branches outside Tianjin
The enterprise shall apply to the department in charge
for opinions and approval(in the case of enterprises
with a registered capital of over US$5,000,000, approval
should be obtained from the Tianjin Municipal Commission
of Foreign Economic Relations and Trade) and upon
approval, shall present the document of approval,
together with the required document listed in the
preceding paragraph, to the Municipal Administration
of Industry and Commerce for verification ,after which
the enterprise shall approach the Administration of
Industry and Commerce in the place where the branch
is intended to be set up for completion of the registration
formalities with a letter of notification from the
Municipal Administration of Industry and Commerce.
- For establishment of branches outside China
According to the stipulation of Article 42 of the
"Regulation for the Implementation of the Law
of the People's Republic of China on Chinese-Foreign
Equity Joint Ventures", that "establishment
of branch offices(including sales offices) outside
China or in regions of Hongkong or Macao is subject
to approval by MOFTEC", enterprises intending
to establish branches outside China shall apply to
the department in charge for examination and approval.
The application should then be forwarded to the Municipal
Commission of Foreign Economic Relations and Trade
for examination and verification for submission to
the MOFTEC. The MOFTEC decides, after referring the
case to the relevant Chinese legation overseas, whether
to approval or disapprove the establishment of the
Branch or Office outside China. On receipt of the
letter of approval from the MOFTEC, the enterprise
shall proceed directly to the country(region) in which
the Branch is to be set up to complete the formalities
of registration.
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