Administrative Regulations on the Registration of Resident Representative Offices of Foreign Enterprises (Revised in 2013)
Administrative Regulations on the Registration of Resident Representative Offices of Foreign Enterprises (Revised in 2013)
Administrative Regulations on the Registration of Resident Representative Offices of Foreign Enterprises (Revised in 2013)
Order of the Sate Council No.638
July 18, 2013
(Promulgated by Order of State Council No.584 on November 19, 2010; revised further according to the Decision of the State Council on Abolishing and Revising Some Administrative Laws and Regulations on July 18, 2013)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purposes of regulating the establishment of resident representative offices of foreign enterprises and their business activities.
Article 2 For the purpose of these Regulations, "Resident Representative Offices of Foreign Enterprises" (hereinafter referred to as the "Representative Offices") refer to the offices established within the territory of China by foreign enterprises in accordance with the provisions of these Regulations for the purpose of engaging in non-profit activities in connection with the business of such foreign enterprises. Such Representative Offices have no legal person status.
Article 15 The resident place of the Representative Offices is the own choice of foreign enterprises.
According to the needs for national security and social and public benefits, relevant departments may require the Representative Offices to adjust the resident place and timely notify the same to the Registration Authorities.
Article 16 The resident period of the Representative Offices may not exceed the subsisting period of foreign enterprises.
Article 17 Registration Authorities shall record the registration matters of the Representative Offices in the registrars of Representative Offices to be made available to or copied by the general public.
Article 18 Representative Offices shall place the registration certificate of the resident representative office of the foreign enterprise (hereinafter referred to as the "Registration Certificate") issued by the Registration Authorities at a prominent place in the resident place of the Representative Offices.
Article 19 Any entity or individual may not forge, alter, lease, lend or transfer the Certificate and the representative certificate of chief representative or representative (hereinafter referred to as the "Representative Certificate").
Where the Registration Certificate or the Representative Certificate is lost or destroyed, the Representative Offices shall make statement on the designated media to declare its invalidation and apply for re-issue.
Where the Registration Authorities legally make decisions on permission of change registration, permission of cancellation registration, revocation of change registration or suspension of the Registration Certificate, the original Registration Certificate and the Representative Certificate of original chief representative or representative of the Representative Offices will automatically be invalid.
Article 20 The foreign enterprises shall announce the establishment or change of the Representative Offices to the general public on the media designated by the Registration Authorities.
Where the Representative Offices revoke the Registration Certificate or be legally cancelled the registration of establishment, the Registration Authorities shall make announcement thereof.
Article 21 When investigating the activities of the Representative Offices that are suspected of breaking these Regulations, the Registration Authorities may legally exercise the following duties and responsibilities:
1.
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