(三)若變更辦公地址,需提交房產(chǎn)租賃合同或房產(chǎn)證明的原件和復印件。
Guidelines for Establishing Representative Offices
Review and Approving Department
To establish a resident representative office in Shenzhen, foreign enterprises must take care of the registration formalities at the Shenzhen Industrial and Commercial Administrative Management Bureau. To establish a representative office in Shenzhen, a foreign non-profit organization must gain the approval of the Ministry of Commerce of the State and of the Shenzhen Trade & Industry Bureau. In addition, they must take care of the registration formalities at the Shenzhen Industrial and Commercial Administrative Management Bureau.
For the purpose of establishing the representative office, a foreign non-profit organization must authorize a service provider recognized by the review and approving department concerned, who will submit the application documents and handle the application formalities. Shenzhen Foreign Economy and Trade Service Center (SZFETSC) is such a service provider authorized by the Shenzhen Trade & Industry Bureau.
Duration of Review and Approving
The Ministry of Commerce will review and judge the foreign non-profit organization’s application to establish a representative office within thirty (30) working days from the day of receiving the documents submitted. The Shenzhen Trade & Industry Bureau will review and submit (initial review and approval) the application within five (5) working days.
Scope of Business
A common foreign representative office can only conduct indirect business operations within the territory of China on behalf of the foreign enterprise or organization to carry out communications, product promotion, market survey, technical exchange and other relevant activities within its business scope. The scope of business of the representative office must be specified in the documents initially submitted for review and approval to registration departments. The scope of business must be specified on the registration certificate of the established representative office. The representative office can only conduct communications activities within the scope specified on the registration certificate.
Special Industries
Where a foreign enterprise in a special industry (for example, finance, insurance, tourism, sea transportation, sea transportation agent, and aviation) intends to establish a resident representative office within the territory of China, the application must be submitted to the authorities of the state concerned for review and approving. Upon receipt of the approval, the foreign enterprise can undertake the registration formalities at the Shenzhen Industrial and Commercial Administrative Management Bureau. In particular, at the time of applying for the establishment of a representative office, foreign enterprises in the finance and insurance industries must submit the annual balance sheet, annual income statement, articles of association, description of directors of the board, and other relevant documents.
Application Conditions
1. The foreign enterprise or organization which submits the application must be legally registered in its home country or region, and must be able to provide valid certification for business operation and registration.
2. The enterprise or organization must be able to provide a certificate of good credibility issued by a bank.
3. The enterprise or organization must be able to provide true and valid application documents in accordance with the rules.
Qualification of Chief Representative
1. The chief representative can be a foreign citizen who holds a legal common passport (excluding international students in China); or
2. He can be a Chinese citizen who has qualified for permanent residence in a foreign country; or
3. He can be a citizen of Hong Kong, Macau or Taiwan who holds valid ID documents; or
4. He can be a Chinese citizen who holds legal ID certification.
Documents to Be Submitted
1. Formal written application report complete with the signature and official seal of the director of the foreign enterprise or organization.
2. The photocopies of the legal registration documents issued by the authorities concerned in the home country of the foreign enterprise or organization, and the shareholder profile document. The documents of the foreign enterprise or organization must be verified by the local Chinese embassy, and the documents of a Hong Kong or Macau enterprise or organization must be notarized by a local law firm specified by the judiciary of China, and must be complete with the official seals of the enterprise or organization, the law office, Legal Service (H.K.) Ltd. and China Legal Service (Macau) Ltd.
3. The original credibility certificate is required, issued by the bank in the registration place of the foreign enterprise or organization in which it has its official bank account. The credibility certification must specify the credit line, include transaction activity information and comment on reputation of the organization.
4. The original authorization for the chief representative of the resident representative office is required, complete with the signature of the director of the foreign enterprise or organization, and the official seal, and the original and photocopy of the chief representative’s CV.
5. Documents relating to the address of the representative office include lease contract as well as an original and photocopy of the certification of the property.
The license duration of the resident representative office of a foreign enterprise is usually three years. Regarding the expiry of the duration, the enterprise must apply for extension of the license sixty (60) days before the expiry. The application to extend the license must be submitted to the Shenzhen Trade & Industry Bureau and the Ministry of Commerce of China for review and approval before the normal formalities are complete. The following documents must be submitted for license extension.
1. The original of the Application for Extension complete with the signature of the director and official seal of the foreign enterprise or organization.
2. The original of the performance report relating to the preceding license period of the representative office.
3. The photocopy of the registration documents for legal business operation issued by the authorities concerned in the home country of the foreign enterprise or organization, and the
shareholder profile document.
The documents of the foreign enterprise or organization must be verified by the local Chinese embassy. The documents of a Hong Kong or Macau enterprise or organization must be notarized by a professional local law firm (specified by the judiciary of China), and must be complete with the official seals of the enterprise or organization, the laws office, Legal Service (H.K.) Ltd. and China Legal Service (Macau) Ltd.
4. The original credibility certification issued by the bank with which the foreign enterprise or organization carries out transactions is also required. The documents of a Hong Kong or Macau enterprise or organization must be notarized by a specified local law office (member) specified by the judiciary of China, and must be complete with the official seals of the enterprise or organization, the laws office, Legal Service (H.K.) Ltd. and China Legal Service (Macau) Ltd.
5. The original of the approval document of the representative office and the photocopy of the industry and commerce registration certification.
Change Formalities
1. In cases where the representative office needs to be changed, the original application for change complete with the signature of the director of the foreign enterprise or organization and the official seal must be submitted. The application must specify the reason and content of the change. Meanwhile, the original of the approval document of the representative office and the photocopy of the industry and commerce registration certification must be submitted.
2. In cases where the chief representative needs to be changed, the original authorization document complete with the signature of the director of the foreign enterprise or organization and the official seal, a passport-sized photo of the chief representative must be submitted, along with the original and photocopied ID.
3. In cases where the office address needs to be changed, the original and a photocopy of the lease for the property or the property certification must be submitted.