Ministry of Commerce, Announcement (2005) No.59 Issues Relevant to Delegating the Administrative Authority over the Record Filing and Issue of Approval Certificates of Foreign-invested Enterprises, Further Simplifying the Examination and Approval Procedures and Others

商务部公告2005年第59号 — 下放外商投资企业备案和批准证书发放管理权限、进一步简化审批程序等有关问题

November 30, 2005 | BY

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Clp Reference: 2300/05.11.14 Promulgated: 2005-11-14 Effective: 2006-01-01

Issued: November 14 2005

Effective: January 1 2006

Main contents: As of the effective date of the Announcement, after a relevant State Council department has approved the establishment of a foreign-invested enterprise or the changes to the enterprise, it shall submit the approval application documents (including the contract(s), articles of association, etc.) to the provincial-level department in charge of commerce of the place where the enterprise is located for the record and the provincial-level people's government shall issue the Foreign-invested Enterprise Approval Certificate, unless otherwise provided by laws and regulations. Except for foreign investment projects that are required to be subject to the approval of the Ministry of Commerce, newly-established foreign investment projects verified by relevant State Council department shall have the contracts and articles of association submitted to the provincial-level people's government of the place where the enterprise is located for examination and approval and issue of the approval certificate.

The Announcement also states that non-substantial amendments (such as amendments to the name of the enterprise or the investors) to the contract or articles of association of an already established foreign-invested enterprise may require only record filing with the original examination and approval department directly.

Related legislation: State Council, Decision Concerning the Third Batch of Items in Respect of which the Administrative Examination and Approval Requirements are Abolished or Adjusted, 2004


clp reference:2300/05.11.14promulgated:2005-11-14effective:2006-01-01

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