Interim Provisions of the State Council of the People's Republic of China on Administration of Resident Representative Offices of Foreign Enterprises

Interim Provisions of the State Council of the People's Republic of China on Administration of Resident Representative Offices of Foreign Enterprises

Interim Provisions of the State Council of the People's Republic of China on Administration of Resident Representative Offices of Foreign Enterprises

October 30, 1980
 
Article 1 These Provisions are formulated with a view to facilitating the development of international economic and trade contacts and the administration of resident representative offices in China of foreign companies, enterprises and other economic organizations (hereinafter referred to as the "foreign enterprises").
 
Article 2 Any foreign enterprise that needs to establish a resident representative office in China shall file an application for permission and, after securing approval, go through the registration procedure.
No business activity of a resident representative office is allowed without approval and registration.
 
Article 3 When applying for permission to establish a resident representative office in China, a foreign enterprise shall submit the following certificates and papers:
1. a written application signed by the chairman of the board of directors or the general manager of the enterprise, which shall include such details as the name of the resident representative office to be established, the name(s) of the responsible staff member(s), the scope of business, 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(s) issued by the financial institution(s) having business contacts with that enterprise;
4. the credentials and resumes of the staff members of the resident representative office appointed by that enterprise.
A banking or insurance institution which applies to establish a resident representative office shall, apart from submitting the certificates and papers as specified in Paragraphs 1, 2 and 4 of the preceding paragraph, submit at the same time an annual report showing the assets and liabilities and losses and profits of the head office of that institution, its Articles of association and a list of the members of its board of directors
 
Article 4 Foreign enterprises wishing to establish resident representative offices shall, according to their respective lines of business, apply to one of the following departments for approval:
1.
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