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Procedures
for Equity Joint Ventures
and Contractual Joint Ventures
(
1 ) Signing the Letter of Intent
Through preliminary negotiation, a Letter of
Intent for a cooperative project is signed by the foreign and Chinese
investors.
( 2 ) Approving the Proposal
Report
The Chinese investor is responsible for drafting
the Proposal Report which is to be submitted to the government department
with the following documents:
- Application submitted by the Chinese responsible authority
for the approval of Project Proposal Report
- The Letter of Intent
- The Project Proposal Report
- Industrial Permit issued by the responsible authority for the
products(if necessary)
- Copies of the Business License, the Certificate of Registration
and the Certificate of Commercial Registration, etc. issued by
the appropriate departments of the countries and regions where
the investors reside.
- The Credit Standing of foreign investors
( 3 ) Name Registration
The foreign-funded enterprises should apply
to Weihai Administration Bureau of Industry and Commerce for name
registration.
( 4 ) Working out and Submitting
the Feasibility Study Report
The investors may conduct technological and
economic feasibility studies, and then work out the Feasibility
Study Report which should be signed by investors and submitted by
the Chinese investor to the organization concerned for approval.
The following materials should be submitted:
- Credentials of the legal representatives of all investors (if
a legal representative cannot sign the feasibility study report
himself, he can legally authorize someone else to do so)
- The certificates issued by departments of environmental protection..
( 5 ) Signing Contract and
Articles of Association
After the investors receive the approval document
of the feasibility study report, they can proceed to sign the contract
and articles of association and submit them to the foreign trade
& economic cooperation authority for approval.
( 6 ) Applying for the Certificate
of Approval
The Chinese investor is responsible for submitting
formal application to the foreign economic and trade administration
for approval. Once the application is approved, the certificate
of approval should be issued.
The following official documents should be submitted:
- The application for setting up the enterprise
- The feasibility study report and the approval document
- The agreement, contract and articles of association signed
by each investor
- The name list of chairman , deputy chairman and member of the
board or the name list of director, deputy director and member
of the coalition organization and the Certificate of Appointment
- The Business License or the Certificate of Registration (copy)
- The certification of the legal representatives (or the authorized
certificate by the legal representatives)
- The certification of sources of capital
- The notice of preliminary verification for the enterprise name
- The permit signed by the local departments of environmental
protection
( 7 ) Registration and Opening
Account
The enterprise should go to the following
departments for registration and opening account in the allotted
time from the day of approval.
- To the Administrative Department of Industry and Commerce to
register and get Business License, and the enterprise comes into
being .
- To the state tax authority and local tax authority for registration
- To the local financial organization to open a foreign exchange
account (if the enterprise needs to open an account in another
financial organization, approval of the local Foreign Exchange
Administration Department is needed).
- To the Customs Office for registration
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