The agency work of foreign-invested projects refers to the agency accepting the entrustment of domestic and foreign investors, participating in negotiations, preparing and holding the project proposal and feasibility study report of foreign-invested enterprises, drafting contracts and articles of association, or going through the application and examination and approval procedures. Article 4 Generally, consulting and agency units shall not accept the entrustment of both investors in the same project. Except with the written consent of both parties. Article 5 An entity engaged in consulting and agency of foreign-invested projects must meet the following requirements, and after being approved by Shanghai Foreign Economic Relations and Trade Commission (hereinafter referred to as Shanghai Foreign Economic and Trade Commission), it shall be reported to the foreign investment department of Shanghai Municipal People's Government for the record:
(1) Enterprises, institutions or other economic organizations with legal person status in China.
(2) Having employees who are familiar with China's foreign-related economic laws and international economic and trade business.
(3) Being able to provide necessary services such as business translation and information transmission. Article 6 The consulting business scope of foreign-invested projects is:
(1) Provide the entrusting party with production and market information related to the investment project.
(2) Introduce the laws, regulations, rules and other provisions concerning the establishment of foreign-invested enterprises to the entrusting party.
(3) Accepting the entrustment of the entrusting party and serving as a perennial consultant. Article 7 The agency business scope of foreign-invested projects is:
(1) Prepare intentional negotiation, negotiation and signing between the client and the partner.
(two) the preparation of the project proposal and feasibility study report; Drafting agreements, contracts, articles of association and other documents.
(three) to participate in business negotiations and deal with relevant issues in the negotiations.
(four) to handle the invitation procedures and receive the partners.
(5) Handling other related affairs on behalf of the client. Article 8 The amount of consulting fees for foreign-invested projects may be determined by both parties through consultation according to the consulting contents.
The amount of agency fees for foreign-invested projects may be determined by both parties through consultation, but the maximum amount shall not exceed the following standards:
The maximum agency fee for the total investment of the project.
Less than 3% of100000 USD.
101~ 5 million USD, with an additional 2% for every 654.38 million USD.
501~100000 USD, plus1000 USD, plus 0.5% per100000 USD.
0.2% for every $65,438+00,000. Article 9 Before the project proposal is approved, the entrusting party shall pay 20% of the total agency fee stipulated in the contract to the consulting and agency unit in advance.
After the project proposal is approved, the entrusting party shall continue to pay 30 ~ 40% of the fees payable to the consulting and agency units. If the project proposal is not approved, the prepayment will not be refunded.
After receiving the project approval certificate, the entrusting party shall pay all the fees payable (deducting the paid part); If the project is not approved, the paid part will not be refunded. Article 10 If the consulting and agency business of the same project is entrusted to the same unit, the entrusted unit only charges one fee, but it can be calculated from a higher level. If the total investment of the project changes, the cost can be adjusted. Article 11 When consulting or acting as an agent for clients, both parties must sign a written consulting contract or agency contract. Twelfth consulting, agent and client disputes, should be handled in accordance with the "General Principles of the Civil Law of People's Republic of China (PRC)" and other relevant provisions. Article 13 The Municipal Foreign Economic Relations and Trade Commission shall be responsible for the guidance and coordination of consulting and agency work for foreign investment projects in this Municipality. Article 14 The Municipal Foreign Economic Relations and Trade Commission shall be responsible for the interpretation of these Provisions. Article 15 These Provisions shall come into force on 1 August, 9891day.