Chinese language - Provisions Concerning the Administration of Foreign-funded

Business-starting Investment Enterprises

BIZCHINA / Company laws

Provisions Concerning the Administration of Foreign-funded
Business-starting Investment Enterprises

Updated: 2006-04-17 10:37

Article26 A business-starting investment management enterprise shall
report the matters as listed in Article20 to the joint management
committee and the board of directors of the entrusting party.

Article27 The establishment of a foreign-funded business-starting
investment management enterprise shall be in conformity with the
conditions as provided in Article23 and shall be reported to the
examination and approval organ for approval via the administrative
departments of foreign trade and economic cooperation at the provincial
level where the company to be established is located. The examination and
approval organ shall make a written decision on whether to approve or not
within 45 days as of the acceptance of the complete set of the
above-mentioned documents. It shall issue a Certificate of Approval for
Foreign-invested Enterprises to the approved enterprises, which shall
file an application to the registration organ by holding the Certificate
within a month as of their acceptance of the Certificate.

Article28 The following documents shall be submitted to the examination
and approval organ in applying for the establishment of a
foreign-invested business-starting investment management company:
(1) establishment application;
(2) contract and articles of association of foreign-funded
business-starting investment management company;
(3) the investors' registration certificate (photocopy) and the
certificate of the legal representative (photocopy);
(4) relevant documents required by the examination and approval organ;

Article29 A foreign-invested business-starting investment management
enterprise shall give a clear indication of "INVESTMENT MANAGEMENT" in
its name. Except for the foreign-invested business-starting investment
management enterprises any other foreign-funded enterprises shall not do
so.

Article30 An overseas business-starting investment management enterprise,
which has acquired the approval of engaging in business-starting
investment management under the authorization of FBIEs, shall file an
application to the registration organ to handle the business registration
procedures within 30 days as of the approval day of the management
contract.
An applicant shall submit the following documents to the business
registration organ and shall be responsible for their authenticity and
effectiveness:
(1) an application for registration signed by the chairman of the board
of directors of the overseas business-starting investment management
enterprise, or by a competent person;
(2) a management contract and the approval documents of the examination
and approval organ;
(3) articles of association or partnership agreement of the overseas
business-starting investment management enterprise;
(4) the overseas business-starting investment management enterprise'
legal license to do business;
(5) the credit certification of the overseas business-starting investment
management enterprise;
(6) the power of attorney, resume and the certification of the
identification of the person-in-charge of the Chinese project appointed
by the overseas business-starting investment management enterprise;
(7) the certification of its business offices in China; 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

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