Guide to pre-approval of foreign-invested enterprises' names
1. Application for Pre-approval of Foreign-invested Enterprise Name signed and sealed by all investors (original);
2. The subject qualification certificate of all investors (the copy of the business license/institution legal person registration certificate/social organization legal person registration certificate/private non-enterprise unit stamped with the official seal of the unit submitted by the Chinese shareholder (promoter) as the subject qualification certificate; The subject qualification certificate of foreign (regional) shareholders (promoters) shall be notarized by the notary office of the country (region) where they are located and certified by the Chinese embassy (consulate) in that country (region). If their country (region) has no diplomatic relations with China, they should be certified by the embassy (consulate) of a third country that has diplomatic relations with China, and then transferred to the embassy (consulate) of China in that third country. Hongkong, Macao and Taiwan Province provinces shareholders (promoters) qualification certificate or natural person identity certificate shall provide notarized documents of the local notary office. );
3. A company applying to use (Chongqing) in a pre-approved name shall meet the following conditions: a wholly foreign-owned company or a foreign holding company; Use the name of the foreign shareholder (promoter); Meet the conditions of no administrative division;
4. The industry description in the name of the company applying for pre-approval shall represent its main business scope; If the name applied for pre-approval is not expressed by the national economic industry category, it shall comply with the provisions of Article 18 of the Measures for the Implementation of the Provisions on the Administration of Enterprise Name Registration;
5. The notice of pre-approval and change approval of the company's application name is valid for 6 months. If it has not been registered or used after the expiration of the validity period, the approved name will automatically become invalid;
6. Other relevant documents and certificates.
Tip: If the above documents (certificates) are in foreign languages, they should be translated into Chinese, stamped with the official seal of the translator or signed by the translator.
Step 3: Receive the Notice of Pre-approval of Enterprise Name, and at the same time receive or download the Application for Registration of Foreign-invested Enterprises and other related forms; Go through the examination and approval formalities at the examination and approval authority, and receive the approval and approval certificate of foreign-invested enterprises; If the business scope involves laws, administrative regulations and the State Council's decision to set a license, it shall also go through the relevant examination and approval procedures.
Step 4: Submit complete and legal application materials:
The following documents shall be submitted for the establishment registration of a foreign-invested company.
1. Application for registration of the establishment of a foreign-invested company signed by the proposed legal representative (original); Fill in an example
2, the approval documents of the examination and approval authority and a copy of the approval certificate (original); Fill in an example
3. Articles of Association (original; Signature and seal of the legal representative of the investor or its authorized person); Fill in an example
4. Name pre-approval notice (original); Fill in an example
5. The qualification certificates of all investors or the identity certificates of natural persons (Chinese investors should submit a copy of business license/registration certificate of public institution as a legal person/registration certificate of social organization as a legal person/official seal of private non-enterprise units as the qualification certificates; The subject qualification certificate of a foreign (regional) investor shall be notarized by the local competent department and sent to the embassy (consulate) of China in that country for certification. Where the country (region) has no diplomatic relations with China, it shall be certified by the embassy (consulate) of a third country that has diplomatic relations with China, and then transferred to the embassy (consulate) of China in the third country for certification. Documents issued by overseas territories of some countries should be notarized in that territory first, then authenticated by foreign diplomatic agencies in that country, and finally authenticated by the embassy (consulate) of China in that country. The main qualification certificate or identity certificate of investors from Hongkong, Macao and Taiwan Province Province, and the notarized documents of local notaries are required according to special regulations or agreements); Fill in an example
6, the legal representative, directors, supervisors and managers of the office documents (original) and identity certificate (copy); Fill in an example
7. Proof of the company's domicile (a copy of the title certificate is required for the own property, and the original is submitted for inspection; If renting a house, submit the original lease agreement and a copy of the lessor's property right certificate. If the above cannot provide a copy of the property right certificate, submit other property right use certificates that can prove the ownership of the property right. If the lessor is a hotel or restaurant, it shall also submit a copy of the business license of the hotel or restaurant); If the house specified in the real estate license is residential, the registration form of residence (business premises) and the certificate issued by the residents' committee or owners' committee where the residence is located that the interested owners agree to change the residence into business premises shall be submitted. If the house ownership certificate cannot be provided, or the provided house ownership certificate does not specify the nature of the house, the certificate of the nature of the house issued by the neighborhood Committee or the housing management department of the place of residence shall be submitted. Proof of residence, go through the formalities according to the above requirements. Fill in an example
8. If the business scope involves pre-licensing, examination and approval, submit the pre-licensing, examination and approval documents or certificates (copy, submit the original for inspection);
9. A capital verification certificate issued by a legally established capital verification institution (if the shareholder's capital contribution is non-monetary property for the first time, the certificate that the property right transfer formalities have been completed shall be submitted) (original; Only applicable to joint stock limited companies and financial, securities, insurance companies, fund management companies, and other types of limited liability companies that paid all or part of their registered capital when they were established);
10, minutes of the founding meeting (original; Only applicable to joint stock limited companies established by way of offering);
1 1, power of attorney for legal documents (original; Signed by the foreign investor (authorized person) and the recipient (authorized person) of the domestic legal document. The power of attorney shall clearly authorize the domestic authorized person to accept the service of legal documents on his behalf, and specify the address and contact information of the domestic authorized person. The authorized person can be a branch established by a foreign investor, a company to be established (if the authorized person is a company to be established, the entrustment will take effect after the establishment of the company) or other relevant domestic units or individuals; Fill in an example
12. The subject qualification certificate of the legal document to the recipient (authorized person) (copy; The service object (licensee) is the company to be established, and no submission is required);
13, other relevant documents and certificates.
Tip: If the above documents are in foreign languages, they should be translated into Chinese, stamped with the official seal of the translator or signed by the translator.
Step 5: After the establishment registration is approved, go to the Industrial and Commercial Bureau to pay the registration fee and obtain the business license.
The above information comes from the website of Chongqing Administration for Industry and Commerce. You can also download all the required forms and attach examples.
Regarding the handling of licenses, please refer to the procedures promulgated by Chongqing Development and Reform Commission as follows: Procedures for examination and approval of foreign-invested projects.
How to set up a project in Chongqing
[ 2007-7- 19 ]
Name of licensed project
Examination and approval of foreign investment projects (within authority)
Set the foundation
Decision of the State Council on Investment System Reform (Guo Fa [2004] No.20)
Interim Measures of Chongqing Municipality on the Approval of Foreign-invested Projects and Overseas-invested Projects (Yu Fu Fa [2004] 1 10)
Permission conditions
1, in line with the national laws, regulations and industrial policies on foreign investment (according to the Provisions on Guiding the Direction of Foreign Investment, the State Council Decree No.346 of 2002; Catalogue for the Guidance of Foreign Investment Industries (Order No.212002 issued by the State Planning Commission and other three ministries);
2, in line with the national economic and social development in the long-term planning, industry planning and industrial restructuring policy requirements;
3, in line with the public interest and the relevant provisions of the national anti-monopoly;
4, in line with the requirements of land use planning, overall urban planning and environmental protection policies;
5, in line with the requirements of national technical standards;
6, in line with the relevant provisions of the national capital account management, foreign debt management.
Licensing authority
1, other foreign investment projects with a total investment of less than $0/billion and a total investment of less than $5,000 shall be approved by the Municipal Development and Reform Commission;
2 industrial foreign investment projects with a total investment of less than 50 million US dollars shall be approved by the Municipal Economic Commission;
3, the total investment is less than $30 million, encourage and allow other foreign investment projects, approved by the local planning commission;
4, with a total investment of less than $30 million, foreign-invested projects that encourage and allow industrial enterprises to rebuild and expand shall be examined and approved by the economic commission where the project is located;
5. Encouraged and permitted foreign investment projects located in North New District, Chongqing Economic and Technological Development Zone and Chongqing High-tech Industrial Development Zone with a total investment of less than $654.38 billion shall be approved by the administrative committee of the development zone where the project is located.
licence fee
This license is free.
Allowable time limit
1. Make a decision within 20 working days from the date of acceptance. If a decision cannot be made within 20 working days, it may be extended by 10 working days with the approval of the person in charge of this organ.
2. The time when the project approval authority entrusts the consulting agency to carry out the evaluation shall not be counted within the time limit specified in the preceding paragraph.
Catalogue of application materials
(bound into volumes in sequence, submit 5 sets):
1. The project application report shall include the following contents: project name, operating period and basic information of investors; Project construction scale, main construction contents and products, main technologies and processes adopted, product target market and planned number of employees; Project construction site, demand for land, water, energy and other resources, and consumption of main raw materials; Environmental impact assessment; Involving the price of public goods or services; The total investment, registered capital, capital contribution of all parties, capital contribution method and financing scheme, equipment to be imported and the amount; For the project that must be subject to bidding according to the regulations, the preliminary bidding scheme of the project should also be explained.
2. Chinese and foreign investors' enterprise registration certificate (business license), business registration certificate and the latest audited enterprise financial statements (including balance sheet, income statement and cash flow statement), as well as the capital credit certificate issued by the bank where the account is opened;
3, joint venture agreement, capital increase, merger and acquisition of the company's board resolution;
4. Letter of intent for financing issued by the bank;
5, environmental impact assessment opinions issued by the competent administrative department of environmental protection;
6. See the letter of intent for urban planning and site selection issued by the competent department of urban planning administration;
7, issued by the administrative department of land and resources of the project land pre-trial opinions or state-owned land use right transfer contract;
8, with state-owned assets or land use rights, confirmation documents issued by the relevant competent departments;
9, involving franchise projects, should provide the approval opinions issued by the competent department;
10. If the district and county development and reform departments need to conduct preliminary examination, the district and county development and reform departments where the project is located shall issue preliminary examination opinions on project approval.
Decision form
1. Written approval document for granting administrative license;
2, a written decision not to grant administrative license, explain the reasons, and inform the applicant of the right to apply for administrative reconsideration or bring an administrative lawsuit according to law;
3. The examination and approval results will be published on Chongqing Merchants Network () in time.
change
The construction site of the approved project has changed; Changes in investors or equity; The construction scale, main construction contents and main products have changed; The total investment exceeds the original approved investment by more than 20%; Under other circumstances that need to be changed according to relevant laws and regulations and industrial policies, it is necessary to apply to the examination and approval authority for change. The change approval procedure shall be implemented according to the initial approval procedure.
Restriction of license
Usually two years.
The National Development and Reform Commission will, according to the actual needs, compile and publish the model text of the project application report.