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2005080520050805the Ministry of Commerceepdf/e04217.pdfA4,B3foreign investment, commercial fields, project, application materialse04217Submissions of Applications Materials for Projects of Foreign Investment in Commercial Fieldsthe Ministry of CommerceAugust 5, 2005I.Submissions to be made by an applicant of a new commercial FIE1.Application Form2.Feasibility study report signed by all investing parties3.Contract and Articles of Association (only the latter is needed in the case of a commercial FIE application, applicable hereinafter) and their attachments4.Bank-issued credit standing certificates for all investing parties, registration documents (copies) and certificate of the legal representative (copies). If the foreign investor is an individual, a valid ID shall also be provided.5.Auditing reports of all investing parties by accounting firms for the most recent year. Enterprises established less than one year ago may be freed of this requirement.6.Appraisal report for state-owned assets to be invested by the Chinese investor into a China-foreign joint equity or contractual commercial enterprise7.Catalogue of import and export commodities for the commercial FIE being applied for8.Listing of directors on the board of the commercial FIE being applied for and appointment letters of the directors from various investing parties9.A prior review and approval notice on the name of the enterprise provided by the competent administration of commerce and industry10.Land use right documents (copies) for the premise of the outlet being applied for and/or rental agreements (copies), with the exclusion of outlets which operate in less than 3,000 square meters11.Documents issued by the competent local commerce authority of where the outlet is to be located which demonstrates the compliance with urban development and urban commercial development requirementsIn the event that the documents are signed by parties other than the legal representative, the authorization letters from the legal representative must be presented (the same applies hereinafter)II.Submissions to be made by an already existent commercial FIE applying for opening an outlet1.Application form2.Land use right documents (copies) for the premise of the outlet being applied for and/or rental agreements (copies), with the exclusion of outlets which operate in less than 3,000 square meters3.A registered capital review report issued by an authorized capital review body showing full capitalization4.Documents issued by the competent local commerce authority of where the outlet is to be located which demonstrates the compliance with urban development and urban commercial development requirements5.Certificate for the approval of the FIE and the business license (copies)6.A consensual decision reached by the board of directors of the FIE on the opening of the outletIII.Submissions to be made by an already existent FIE applying for investment in commercial fields in the Chinese territory1.Application form2.Bank-issued credit standing certificates for all investing parties, registration documents (copies) and certificate of the legal representative (copies). If the foreign investor is an individual, a valid ID shall also be provided.3.Auditing reports of all investing parties by accounting firms for the most recent year. Enterprises established less than one year ago may be freed of this requirement.4.A prior review and approval notice on the name of the enterprise provided by the competent administration of commerce and industry5.Land use right documents (copies) for the premise of the outlet being applied for and/or rental agreements (copies), with the exclusion of outlets which operate in less than 3,000 square meters6.Documents issued by the competent local commerce authority of where the outlet is to be located which demonstrates the compliance with urban development and urban commercial development requirements7.A consensual decision reached by the board of directors of the FIE on the investment plan8.Certificate for the approval of the FIE and the business license (copies)9.A registered capital review report issued by an authorized capital review body showing full capitalization10.Documents on income tax status of the FIE including tax reduction or exemption11.Articles of Association of the company receiving the investment12.Certificate for the approval of the FIE and the business license (copies)IV.Submissions to be made by a foreign investor applying for a merger or acquisition with a domestic commercial enterprise1.Application form2.Consensual decision of the shareholders, or a decision from the shareholders' meeting of the target domestic corporate entity of limited liabilities endorsing the equity merger or acquisition with the foreign investor3.Contract and Articles of Association of the new FIE as a result of the merger or acquisition (only the latter is needed in the case of a commercial FIE application, applicable hereinafter) and their attachments4.Bank-issued credit standing certificates for all investing parties, registration documents (copies) and certificate of the legal representative (copies). If the foreign investor is an individual, a valid ID shall also be provided.5.Agreement on the foreign investor's purchase of shareholders' equity from the domestic enterprise or capital injection subscription to the target domestic firm6.Financial auditing report of the target domestic firm for the most recent fiscal year; auditing reports of all investing parties by accounting firms for the most recent year. Enterprises established less than one year ago may be freed of this requirement.7.A state-owned assets appraisal report and documentation shall be provided for a target domestic firm in possession of state-owned assets8.Catalogue of import and export commodities of the new enterprise as a result of the merger/acquisition9.Listing of directors on the board of the new FIE and appointment letters of the directors from various investing parties10.Land use right documents (copies) for the premise of the outlet being applied for and/or rental agreements (copies), with the exclusion of outlets which operate in less than 3,000 square meters11.Documents issued by the competent local commerce authority of where the outlet is to be located which demonstrates the compliance with urban development and urban commercial development requirements12.Factual statements of enterprises with investment from the target domestic firm13.Business licenses (copies) of the target domestic firm and enterprises with investment from the domestic firm14.Displacement plan for employees of the target domestic firmV.Submissions to be made by a non-commercial enterprise applying for additions to its distribution scope1.Application form2.A consensual decision reached by the board of directors of the FIE on the addition to the distribution scope3.Agreement on the amendment to the contract and Articles of Association of the FIE4.Catalogue of import and export commodities for the FIE5.Certificate for the approval of the FIE and the business license (copies)6.Copies of the original contract and Articles of Association of the FIE7.A registered capital review report issued by an authorized capital review body showing full capitalization
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Promulgated by the Ministry of Commerce on 2005-08-05
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