On the Capital Increase of Enterprises

Procedures for capital increase of foreign-invested enterprises: The specific provisions for increasing the registered capital of foreign-invested enterprises shall be implemented in accordance with the Notice of the Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry and Commerce on Adjusting the Relevant Provisions and Procedures for the Total Investment and Registered Capital of Foreign-invested Enterprises. Its main contents are as follows: an enterprise shall not adjust its registered capital under any of the following circumstances: the adjusted registered capital does not comply with the relevant laws and regulations; Enterprises have economic disputes and enter judicial or arbitration procedures; The contract of a Chinese-foreign contractual joint venture stipulates that the foreign party can recover the investment first and has already recovered it. The specific procedures for a foreign-invested enterprise to increase its registered capital should be as follows: the enterprise submits a resolution of the board of directors and an application signed by the chairman to the examination and approval authority; After receiving the above-mentioned relevant documents, the examination and approval authority shall make a written reply on whether or not to agree; After examination and approval by the examination and approval authority, the enterprise shall, in accordance with the relevant provisions of the registration of change, apply to the administrative department for industry and commerce for the registration of change of capital increase of foreign-invested enterprises. Capital increase of foreign-invested enterprises 1, request for instructions of enterprises on capital increase of foreign-invested enterprises (original) 2, resolution of the board of directors of enterprises (original) 3, agreement or resolution on amendment of the articles of association of enterprises (original) 4, business license and approval certificate (copy) 5, capital verification report (copy) 6, approval certificate of high-tech enterprises (copy) 7. Other documents: if the transfer of state-owned assets is involved, the approval document (photocopy) of the state-owned assets supervision and administration institution, the asset appraisal report (original), the certificate of approval or filing of the asset appraisal report (photocopy) and the certificate of property right transaction issued by the property right transaction institution (photocopy) shall also be submitted. Matters needing attention in capital increase of foreign-invested enterprises: (1) Text materials or downloaded files should be A4 paper and put into file bags. (2) A copy of the application materials. Submit originals and photocopies of various documents as required. (3) Foreign-invested enterprises are required to pay 20% of the newly-increased registered capital before capital increase. According to the Implementation Opinions on Several Issues Concerning the Application of Laws in the Administration of Examination, Approval and Registration of Foreign-invested Companies (No.8 1 No.2006):1. The initial capital contribution of the shareholders of a foreign-invested limited liability company (including a one-person limited liability company) shall comply with the provisions of laws and administrative regulations. If all the capital contributions are paid at one time, they shall be paid in full within six months from the date of establishment of the company; In case of installment payment, the initial contribution shall not be less than 15% of the subscribed contribution, nor shall it be less than the statutory minimum registered capital, and it shall be paid in full within three months from the date of establishment of the company, and the remaining contribution time shall comply with the provisions of the Company Law, the Foreign Investment Law and the Regulations on the Administration of Company Registration. 2. When a foreign-invested company increases its registered capital, the shareholders of a limited liability company (including a one-person limited liability company) and a joint stock limited company established by way of sponsorship shall pay no less than 20% of the newly-increased registered capital when the company applies for registration of change of registered capital, and the remaining investment time shall comply with the provisions of the Company Law, the Foreign Investment Law and the Regulations on the Administration of Company Registration. Enterprises with foreign investment need to submit application documents, including: 1, to the competent commercial department that originally issued the approval certificate. An application for a foreign-invested enterprise; 2. Resolutions of the shareholders' meeting and the board of directors; 3. Capital increase agreements of all investors; 4. Contract and Articles of Association Amendment Agreement; 5. Capital verification report; 6. Audit report; 7. Copy of approval certificate and business license. When using RMB profits obtained by other domestic investment enterprises or enterprises to increase capital, foreign investors shall provide the profit distribution certificate of the invested enterprise and the tax payment (tax reduction or exemption) certificate of the enterprise issued by the tax authorities. Submit assessment reports on capital increase in different proportions, and provide opinions from the state-owned assets department if the proportion of state-owned shares changes; Productive foreign-funded enterprises provide opinions from land management departments and environmental protection departments. The total investment of encouraged and permitted foreign-invested enterprises increased by more than $654.38 billion (including $654.38 billion), and the total investment of restricted foreign-invested enterprises increased by more than $50 million (including $50 million), which was reported to the Ministry of Commerce for approval. Refer to relevant tax documents:/wstz/waiziyefa/zzsx/index.html.