State Administration for Industry and Commerce, Measures for the Administration of the Registration of Capital Contribution in the Form of Equity

国家工商行政管理总局股权出资登记管理办法

March 17, 2009 | BY

clpstaff &clp articles &

Capital contribution in the form of equity gets its official go-ahead.

Clp Reference: 3400/09.01.14 Promulgated: 2009-01-14 Effective: 2009-03-01

Promulgated: January 14 2009
Effective: March 1 2009

Applicability: The Measures apply to the administration of the registration of capital contribution whereby investors, by using their equity in limited liability companies or companies limited by shares established in China as capital contribution, invest in other limited liability companies or companies limited by shares in China (hereinafter collectively referred to as “Investee Companies”) (Article 2).

Main Contents: The total of the amount of capital contribution in the form of valuated equity and of capital contribution in the form of other valuated non-monetary property by all of the shareholders may not exceed 70% of the registered capital of the Investee Company (Article 4). The Measures detail the procedures, including capital verification, required for capital contribution in the form of equity.

Related Legislation: PRC Company Law (Amended), Oct 27 2005, CLP 2005 No.10 p.21; and Regulations for the Administration of Company Registration, 2005

clp reference:3400/09.01.14prc reference:国家工商总局令弟39号promulgated:2009-01-14effective:2009-03-01

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