Circular of the State Administration for Industry and Commerce on Implementing the Execution Opinions on Several Issues concerning Law Application for the Administration on the Examination, Approval and Registration of Foreign-Funded Companies

Circular of the State Administration for Industry and Commerce on Implementing the Execution Opinions on Several Issues concerning Law Application for the Administration on the Examination, Approval and Registration of Foreign-Funded Companies

Gong Shang Wai Qi Zi [2006] No. 102

May 26, 2006

The administrations for industry and commerce of all the provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning,

With the purpose of correctly applying the Company Law, the Regulations on Company Registration Administration and the relevant laws on foreign investment, keeping the continuity of the laws and policies on foreign investment utilization in our country, and further improving the quality and level of the work of the administration on the access of direct foreign investment, the State Administration for Industry and Commerce, the Ministry of Commerce, the General Administration of Customs, and the State Administration of Foreign Exchange jointly printed and distributed the Execution Opinions on Several Issues concerning Law Application for the Administration on the Examination ,Approval and Registration of Foreign-funded Companies (No.81 [2006] of the State Administration for Industry and Commerce, hereinafter referred to as the Implementation Opinions) on April 24, 2006. In order to better carry out and fulfill the Implementation Opinions, we hereby notice of the relevant matters as follows:

I. To enhance cognition, and intensify study. The Implementation Opinions have, satisfying the demands of new situations and on the basis of clarifying the principles of law application for the administration on the examination, approval and registration of foreign-funded companies, put forward clear and concrete opinions on issues such as the organizations, forms of establishment, time limit of application for registration, documents required to be submitted at the time of examination, approval and registration, ways of capital contribution, supervision over capital contribution, domestic investment, the status of the affair-handling offices, and the customs and foreign exchange management related to capital contribution, and etc.
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