Implementing Opinions on Several Issues Concerning the Application of the Law in the Administration of the Examination, Approval and Registration of Foreign-invested Companies

关于外商投资的公司审批登记管理法律适用若干问题的执行意见

The Opinion clarifies issues such as organizational structure, incorporation form, timing and documentary requirements pertaining to approval applications, registration and capital contributions of foreign-invested enterprises, reinvestment requirements as well as approvals and registration of amendment.

(Issued by the State Administration for Industry and Commerce, the Ministry of Commerce, the General Administration of Customs and the State Administration of Foreign Exchange on April 24 2006.)

(国家工商行政管理总局、商务部、海关总署、国家外汇管理局于二零零六年四月二十四日发布。)

Gong Shang Wai Qi Zi [2006] No.81

工商外企字 [2006] 81号

With a view to accurately applying the law, carrying out the administration of the examination, approval and registration of foreign investment in a legally compliant and efficient manner that makes matters convenient for people, promoting the healthy development of foreign-invested enterprises and improving the quality and standards of use of foreign investment in China, we hereby set forth the following implementing opinions on how to apply the PRC Company Law (the Company Law), the PRC Regulations for the Administration of Company Registration (the Registration Regulations) and state laws, administrative regulations and policies on foreign investment in the administration of the examination, approval and registration of foreign-invested companies.

为了准确适用法律，规范、便民、高效地开展外资审批和登记管理工作，促进外商投资企业健康发展，提高我国利用外资的质量和水平，现就外商投资的公司审批和登记管理如何适用《中华人民共和国公司法》(以下简称《公司法》)、《中华人民共和国公司登记管理条例》(以下简称《公司登记管理条例》)以及国家关于外商投资的法律、行政法规和政策，提出以下执行意见。

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