(1) 1. Foreign investors have a good reputation and the economic strength needed to set up an investment company. The total assets of the investor in the year before the application are not less than USD 400 million, and the investor has established a foreign-invested enterprise in China, and the actual contribution of the registered capital exceeds USD10 million, and the project proposals for more than three proposed investment projects have been approved; 2. Foreign investors have a good reputation and the economic strength needed to set up investment companies. Investors have set up more than ten foreign-invested enterprises engaged in productive or infrastructure construction in China, and the registered capital actually paid exceeds US$ 30 million;
(2) Where an investment company is established by way of joint venture, China investors shall have good credit standing and economic strength necessary for the establishment of the investment company, and the total assets of the investors in the year before the application shall not be less than 1 100 million yuan;
(3) The registered capital of an investment company shall not be less than USD 30 million.
Foreign investors applying for the establishment of investment companies should be foreign companies, enterprises or economic organizations. If there are more than two foreign investors, at least one of them meets the requirements of item (1) of the first paragraph of this article. Article 4 A foreign investor who meets the requirements of Item (1) of Paragraph 1 of Article 3 of these Provisions may invest to establish an investment company in the name of its wholly-owned subsidiary. Article 5 If a foreign investor who applies for the establishment of an investment company meets the requirements specified in Item (1) of Paragraph 1 of Article 3 of these Provisions, he shall issue a letter of guarantee to the examination and approval authority to ensure the payment of the registered capital of the investment company invested and established in China and the technology transfer belonging to the foreign investor or its affiliated companies.
Where an investment company is established in the name of a wholly-owned subsidiary, its parent company shall issue a letter of guarantee to the examination and approval authority to ensure that its subsidiaries complete the payment of the registered capital of the established investment company in accordance with the conditions approved by the examination and approval authority, and ensure the payment of the registered capital of the investment company when investing in China and the technology transfer belonging to the parent company and its affiliated companies. Article 6 An investor applying for the establishment of an investment company shall be examined by the foreign trade departments of the provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans, and submit the following documents to the Ministry of Commerce.
(a) the project proposal for the establishment of a joint venture investment company, and the feasibility study report, contract and articles of association signed by all investors;
The project proposal, application form, feasibility study report and articles of association for the establishment of a wholly-owned investment company signed by foreign investors;
(2) Credit certificate, registration certificate (photocopy) and legal representative certificate (photocopy) of all investors;
(3) The approval certificate (photocopy) and business license (photocopy) of the foreign investor's investment enterprise and the capital verification report (photocopy) issued by China Certified Public Accountant;
(four) the balance sheet of the investor in the past three years audited according to law;
(5) The letter of guarantee that should be submitted according to Article 5 of these Provisions;
(6) Other documents required by the Ministry of Commerce;
All the above documents shall be official unless marked as copies.
If the document is signed by a non-legal representative, a power of attorney from the legal representative shall be issued.
Where an intermediary institution established according to law is entrusted to handle the application formalities, a power of attorney signed by the legal representative of the investor shall be issued. Article 7 Foreign investors shall make their contribution to the registered capital of an investment company with their freely convertible currencies, RMB profits or lawful RMB proceeds from share conversion and liquidation. China investors can contribute in RMB. If a foreign investor uses his lawful income in RMB as the registered capital of an investment company, he shall submit relevant supporting documents and tax payment vouchers. The capital contribution shall be fully paid within two years from the date of issuance of the business license. Article 8 The registered capital of an investment company shall be at least US$ 30 million, which shall be used as the capital contribution of newly established foreign-invested enterprises, or as the unpaid capital contribution of its parent company or affiliated company to the invested foreign-invested enterprises (the equity transfer formalities have been handled according to law), or as the capital contribution, or for purchasing the equity of shareholders of domestic domestic-funded companies. Article 9 The registered capital of an investment company shall not be less than USD 30 million, and its loan amount shall not exceed 4 times of the paid-in registered capital. The registered capital of an investment company shall not be less than 1 billion USD, and its loan amount shall not exceed 6 times of the paid-in registered capital. If the investment company intends to borrow more than the above provisions due to business needs, it shall be reported to the business supervisor for approval. Article 10 An investment company established with the approval of the Ministry of Commerce may, according to the actual needs of its business activities in China, engage in the following businesses:
(a) to invest in areas where foreign investment is allowed by the state according to law.
(two) according to the written entrustment (unanimously approved by the board of directors), provide the following services to the invested enterprises:
1. Assist or represent the invested enterprise in purchasing machinery and equipment, office equipment, raw materials and spare parts needed for production at home and abroad, and sell the products produced by the invested enterprise at home and abroad and provide after-sales service;
(2) Balancing the foreign exchange of the invested enterprise with the consent and supervision of the foreign exchange administration department;
3. Provide the invested enterprise with technical support, staff training, internal personnel management and other services in the process of product production, sales and market development;
4. Assist the invested enterprises to seek loans and provide guarantees.
(three) to set up a research and development center or department in China to engage in the research and development of new products and high technologies, transfer the research and development results, and provide corresponding technical services.
(4) Providing consulting services for its investors and providing market information and investment policy consulting services related to its investment for its affiliated companies.