Approval for Corporate Contracts and Charters of Foreign- Funded Enterprises within the Stipulated Scope of Approval Rights

Part I. Prerequisite for Handling

Sino-foreign joint ventures and Sino-foreign joint cooperative ventures within the scope of approval rights of Jing’an District

Part II. Materials Needed for Handling

Materials needed for the establishment of Sino-foreign joint ventures and Sino-foreign cooperative joint ventures.

1.Letter of Application (the original one) for the establishment of companies sent by Chinese investors and administrative department in charge.

2.Copy of letter of notice given by Industrial and Commercial Bureau for the approval of company names in advance

3.Copies of business licenses of both investors. (Individual foreign investors’ is not included.)

4.Copies of testimonials of legal representatives of both investors.

5.The original version of letter of attorney and copies of ID cards of trustors

6.Account of credit (the original version) of foreign companies(individual)

7.Contracts, regulations, feasibility reports (the original version) signed by both investors

8.List of members of board of directors

9.Letters of delegation for foreign directors and registration form of senior administrators of the Chinese side

10.Copies of letters of delegation for foreign directors and testimonials of director status.

11.Copies of agreement for property leasing in registered place and property certificate.

12.Copies of agreement for site leasing and property certificate (only for manufacturing projects)

13.If fixed assets of the Chinese side are included, assets assessment report should be provided.

Materials needed for the establishment of foreign-funded enterprises

1.Letter of delegation for approval formalities for application through agency signed by foreign investors and qualified consulting agencies.

2.Application report

3.Copy of business license for foreign investors (not include individual investors)

4.Copy of testimonial for legal person status of foreign investors

5.Account of credit (the original version) for foreign companies(individuals)

6.Copies of agreement for property leasing and property certificate

7.Copy of letter of notice given by Industrial and Commercial Bureau for the approval of company names

8.Corporate regulations signed by both investors

9.Feasibility reports

10.List of members of board of directors

11.Copies of letters of delegation for members of the board and testimonials of board member status.

12.Copies of agreement for site leasing, property certificate, testimonials for environmental protection, fire control, hygiene and disease protection. (Depending on the real situation in the enterprise)

Notes:

For restricted projects or other projects which need approval before normal time, regular approval are still necessary. (Required Materials will be informed according to the actual situation of the project.)

Part III. Procedures

See process flow

Part IV. Charge Standards and Rules

Stipulated by No. 401 of Price and Charge (92), the original version and copy of new approval certificate cost 10 RMB per set.

Part V. Time for Handling

20 working days since the accepting and handling day; 3 working days needed for the approval certificate.

Part VI. Handling Institution, Time, Address, Contact Way

Handling institution: Project Approval Section of the Foreign-Oriented Economic Committee of Jing’an District(Agency of the district government)

Reception time: 9am to 11:30 am, Monday to Friday (exclude Tuesday)

          1pm to 4:30pm(summer time 2pm to 4:30pm), Monday to Friday

Address: Reception hall of 1F, 58 Jiaozhou Road, Shanghai

Tel: 62584908、62559025

Part VII. Relative Policies and Regulations

Regulations for Sino-Foreign Joint Ventures in PRC

Implementing Rules for Regulations for Sino-Foreign Joint Ventures in PRC

Regulations for Sino-Foreign Joint Cooperative Ventures in PRC

Detailed Implementing Rules for Regulations for Sino-Foreign Joint Cooperative Ventures in PRC

Regulations for Foreign Enterprises in PRC

Detailed Implementing Rules for Regulations for Foreign Enterprises in PRC

Regulations of Instructions for Foreign Investment

Approval Rules for Foreign-Funded Enterprises in Shanghai

Guided List of Industries with Foreign Investment

Notice for Strengthening the Approval, Registration, Management of Foreign Exchange and Taxation

Temporary Regulations for the M&As of Domestic Enterprises by Foreign Investors