Today I would like to address the documents required when setting up a FIE in China regarding the establishment of a foreign-invested enterprise ( the “FIE”) in China.
Generally speaking, a foreign investor should prepare the following documents when applying to set up a FIE in China:
– An original application for local counterpart of Ministry of Commerce ( the “COFCOM”) ’s approval to establish the FIE. The application letter should be signed by a legal representative of the company;
– An original Project Proposal or Feasibility Study Report;
– An original Articles of Association of the FIE;
– A photocopy of a creditworthiness letter issued by a bank certifying that the company is financially sound. A Chinese translation of the letter should be attached;
– A photocopy of the Certificate of Incorporation of the company (to be legalized by the Chinese Embassy/Consulate with jurisdiction over the location where the Certificate is issued);
– An original Name Reservation Approval issued by the local Administration for Industry and Commerce(“AIC”);
– An original appointment letter for the legal representative of the FIE (chairman of the board) and a photocopy of his/her identification, resume and passport photo;
– An original list of the board members and appointment letters for the directors and supervisor(s);
– An original environment impact assessment report (only required for manufacturing business);
– An original Environment Protection Bureau’s approval(only required for manufacturing business);
– A photocopy of the lease agreement for the leasing of the FIE site and other accessory documents with respect to the premise , if the company has no intent to obtain the land-use rights for the site, and the ownership of the buildings on the site of the FIE; and
– Any other documents that may be required by the relevant authority.
By Adam Li