Ministry of Commerce, Circular on Delegating to Lower-level Authorities the Authority to Examine and Approve the Investment in, and Establishment of, Companies with an Investment Nature by Foreign Investors

商务部关于下放外商投资举办投资性公司审批权限的通知

April 16, 2009 | BY

clpstaff &clp articles &

Mofcom hands down more approval authority.

Clp Reference: 2300/09.03.06 Promulgated: 2009-03-06 Effective: 2009-03-06

Issued: March 6 2009
Effective: as of date of issuance

Main Contents: When a foreign investor wishes to invest in and establish a company with an investment nature with registered capital of US$100 million or less or change particulars thereof (with the exception of single capital increases exceeding US$100 million), the competent commerce department of the province, autonomous region, municipality directly under the central government, city with independent development plans, the Xinjiang Production and Construction Corp or sub-provincial municipality (including Harbin, Changchun, Shenyang, Jinan, Nanjing, Hangzhou, Guangzhou, Wuhan, Chengdu and Xi'an) where the investment company is to be registered (the Provincial-level Competent Commerce Department) shall be responsible for examination and approval.

Related Legislation: Provisions for the Establishment of Companies with an Investment Nature by Foreign Investors, Nov 17 2004, CLP 2005 No.2 p.36; and Supplementary Provisions for the Establishment of Companies with an Investment Nature by Foreign Investors, May 26 2006, CLP 2006 No.7 p.68

clp reference:2300/09.03.06prc reference:商资函 [2009] 8号promulgated:2009-03-06effective:2009-03-06

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