Register Guangzhou Representative Office

NAME: Apple

TEL:136-6072-2651

GUANGZHOU TEL: (86)20-83801313/020-83829485

GUANGZHOU FAX: (86)20-83801313

EMAIL: deliga.apple@gmail.com

MSN: deliga.apple@hotmail.com

WEBSITE：    www.hongkong-deliga.com

GUANGZHOU ADDRESS:Room 1218, Jin Ying Building, No.316 Huan Shi Zhong Road, Guangzhou China(Exit B, Xiaobei Station,Metro Line 5)

Foreign-invested Venture Establish Representative Office

Ⅰ、What is the Foreign (region) Enterprise Permanent Representative Office ?
　　Foreign (Region) Enterprise Permanent Representative Office, also called Foreign-invested Venture Representative Office is referring to foreign (region) corporation、enterprise and other representative office station in China. Foreign-invested enterprises representative office was established in Chinaon behalf of the parent company in the domestic business contact. So foreign-invested representative office is not an independent legal entity. It should be noted that foreign representative office should not have the profitable commercial activity directly. For example, it should not carry out any purchase and sign any contracts of purchasing or selling, no invoice and no remittance to external. However, foreign representative offices can open a bank account, with staff to achieve their business contact purposes. The headquarters of corporation could sign contract with the representative office’s clients and supplier. Therefore; it is necessary for foreign business to set up a foreign-invested representative office to test Chinese market condition before building joint venture and foreign-invested venture inChina.

Ⅱ、Foreign Enterprise refers to Foreign Enterprise Resident Representative Office or Foreign-invested enterprise which can do productive activities in china. It includes two forms:

It includes two forms:

1. First, the foreign enterprises resident representative office: it means an office accredited to china by a foreign company /enterprises or other economic organization.
2. characteristics of the foreign enterprises resident representative office include the following ones:

　　2-1）It mainly doing these activities as market investigation, trading activities, investment consultation, and cannot engage in production and operating activities. But exclude these ones who can do the things mentioned before according to the agreement between two countries. Now the foreign enterprises resident representatives can engage in the following two activities
① The aviation enterprise resident representative office established according to the aviation agreement between two countries can engage in the ticket operation on some specific airlines in term of the agreement.
② According to the pledge of WTO entry and the law service、account、audit、record service 、tax service and management consulting that ruled by Industry Management Law, foreign enterprise representative office could engage in business which was stipulated。
　　2-1）The office has the right to engage in these economic activities and sign the needed economic contracts, both of which are necessary to maintain the operation of the office.
　　2-2）The office has no independent property, no qualifications of a legal person, no civil right and no respective obligations.
　　2-3）The enterprise that accredits the resident representative office have the implicative liability to the office.
　　2-4）if the office wants to apply for auditing、setting up、changing、registration cancellation.

　Ⅲ.Foreign enterprises which have business inChina

　　3-1）Foreign enterprises which have business in China: refer to foreign enterprise、corporation and other economic organizations engaged in productive business activity in China directly.
The corporation of foreign enterprise is not accordance with our nation law, so they could register to engage in business as long as get the approval or certificate from government:

1. On land, marine oil and other mineral resources exploration and development;
2. Project such as: Housing, civil engineering construction, decoration or lines, piping, equipment installation etc;
3. Contracted or entrusted management of foreign-invested enterprises;
4. Foreign banks establish a branch inChina;
5. Foreign insurance companies set up branch offices inChina;
6. Foreign oil companies set up branch offices inChina;
7. Country gives permission to engage in other production and operation activities;

Ⅳ、Foreign (region) enterprises examine and approve authority

1. The examine and approve of foreign enterprise representative office is according to the industry type of foreign enterprise, approved by different approval departments. Detailed in the table below:

Industry Type	Examine and Approve Department
International road transport, international shipping transport international maritime transport and operators auxiliary enterprises	Ministry of Transportation and Communications of People's Republic ofChina
Accounting Firm	Ministry of Finance of People's Republic ofChina
Law Firm	Ministry of Justice of People's Republic ofChina
Financial institutions	China Banking Regulatory Commission
Insurance Agency	China Insurance Regulatory Commission
Air transport enterprises	Civil Aviation Administration ofChina
Tourism	People's Republic ofChinaTourism Bureau
Testing accreditation body	International Import and Export Commodity Inspection and Quarantine
News Publishing	International Press and Publication Administration, the State Council Information Office
Industry Type	Approval Department
human rights organizations and copyright	National Press and Publication Administration
Certification Organization	National Certification Supervision and Administration Commission
Radio, Film and agencies	National Radio, Film and Television Office, the State Council Information Office
Securities institutions	China Securities Regulatory Commission

2.The approval authority of Foreign (region) enterprises inChinaengaged in business activities are in accordance with foreign enterprises engaged in which business activities to determine the approval of the industry department, the specific content of the table below:

Industry Type	Examine and Approve Department
Engaged in land, marine oil and other mineral resources exploration and development	Ministry of Commerce
Contracting or entrusted management of foreign-invested enterprises	Foreign-invested enterprises charter contract approving authority
Foreign banks establish a branch	China Banking Regulatory Commission
Set up branch offices of foreign insurance companies	China Insurance Regulatory Commission
Foreign oil companies set up branch offices inChina	By the China National Petroleum Corporation, China National Offshore Oil Corporation, or comments, reported that approval of Ministry of Commerce
Engage in other business activities	Separately from the corresponding industry department director for approval

 

Ⅴ、Registration of Foreign Enterprise Resident Representative Office

1. The procedure of setting up a foreign enterprise resident representation office:

According to industry type, should be reported to the approval of department director if needed

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Fill in application documents, report to Registration Department of Industry and Business, fetch the 《Administration permission book》

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Fetch Business Registration Certificate

 

 

２.Foreign enterprise resident representative office should submit the following documents and certificates:

① The application form for registration of "Foreign (region) enterprises Permanent Representative Office;
② the State Council on the Committee, the Department, Bureau or the local Ministry of Commerce issued is valid (since the date of the issuance of 30) within the "approval certificate" or a valid copy of the original;
③ legitimate business and credit certificate;
④ The office files of Permanent representative (the Chief)；
⑤ The certificate of resident representative office address
⑥ The Articles of Association and list of directors of foreign (region) enterprises (depends on industry type)

⑦other relevant documents, certificates.