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Announcement No.37, 2017 of the Ministry of Commerce - Announcement on Matters relating to the Administration of the Record-filing of the Incorporation and Change of Foreign-funded Enterprises
Promulgation Date:2017-07-30  Promulgation Number:Announcement No.37, 2017 of the Ministry of Commerce  Promulgation Department:Ministry of Commerce

Announcement No.37, 2017 of the Ministry of Commerce - Announcement on Matters relating to the Administration of the Record-filing of the Incorporation and Change of Foreign-funded Enterprises

Announcement No.37, 2017 of the Ministry of Commerce

                     

In order to further improve the administration of the record-filing of the incorporation and change of foreign-funded enterprise, do well in coordination after the revision of the Interim Administrative Measures for the Record-filing of the Incorporation and Change of Foreign-funded Enterprises (hereinafter referred to as the "Record-filing Measures"), and instruct foreign-funded enterprises and their investors to fill in record-filing information online in a convenient and accurate manner, the relevant matters are hereby announced as follows:

I. Within pilot free trade zones, the implementation range of special access administrative measures as prescribed by the State shall be subject to the provisions of the Special Administrative Measures (Negative List) for Foreign Investment Access to Pilot Free Trade Zones (2017) as of July 10, 2017; outside pilot free trade zones, such implementation range shall be subject to the provisions of the Special Administrative Measures for Foreign Investment Access (Negative List for Foreign Investment Access) in the Catalogue for the Guidance of Foreign Investment Industries (Revised in 2017) as of July 28, 2017.

II. Where record-filing administration applies to the incorporation and change of a foreign-funded enterprise, an Application for the Record-filing of the Incorporation of a Foreign-funded Enterprise (hereinafter referred to as the "Application for Incorporation") or Application for the Record-filing of the Change of a Foreign-funded Enterprise (hereinafter referred to as the "Application for Change") shall be filled in online via the foreign investment comprehensive administration system in accordance with Articles 5, 6 and 7 of the Record-filing Measures. Specifically, if a domestic non-foreign-funded enterprise is changed into a foreign-funded enterprise, an Application for Incorporation shall be filled in.

III. For the purpose of the Record-filing Measures, "mergers and acquisitions" refer to the mergers and acquisitions of domestic enterprises by foreign investors as prescribed in the Provisions of the Ministry of Commerce on the Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (Decree No.6, 2009 of the Ministry of Commerce); for the purpose of the Record-filing Measures, "strategic investment" refers to the strategic investment by foreign investors in listed companies as prescribed in the Administrative Measures for Strategic Investment by Foreign Investors in Listed Companies (Decree No.28, 2005 of the Ministry of Commerce, the China Securities Regulatory Commission, the State Administration of Taxation, the Sate Administration for Industry and Commerce and the State Administration of Foreign Exchange).

IV. The Application for Incorporation and the Application for Change are set out in appendices hereof.

Appendices: 1. Application for the Incorporation of a Foreign-funded Enterprise (omitted)

2. Application for the Change of a Foreign-funded Enterprise (omitted)

Ministry of Commerce

July 30, 2017

                              

(All information published in this website is authentic in Chinese. English is provided for reference only. )

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