In order to further expand opening-up, actively promote foreign investment, protect the legitimate rights and interests of foreign investment, standardize foreign investment management, and create a new pattern of all-round opening-up, China promulgated the Foreign Investment Law of the People's Republic of China in 2019.
Foreign investment refers to investment activities conducted directly or indirectly in China by foreign individuals, corporate or other organizations (hereinafter referred to as "foreign investors"), including the following:
1. Foreign investors establish foreign-invested corporate in China alone or jointly with other investors.
2. Foreign investors acquire shares, equity, property shares or other similar rights and interests of Chinese domestic corporate.
3. Foreign investors invest in new projects in China alone or jointly with other investors.
4.Investment in other forms prescribed by laws, administrative regulations or The State Council.
Here, we outline the general steps that involves company formation. While we recognize that we cannot comprehensively cover all the regions and locations in terms of actual steps and materials that are required, the following information should serve as a standard process to be taken into consideration. We welcome you to get in contact with us for a more in-depth evaluation.
1. Application form for corporate registration
2. Articles of association 3. Copy of Identity Certificates of Legal Representatives, Directors, Supervisors and Senior Managers.
4. Certificate of qualification of all shareholders and/or identity certificates of natural individuals:
Chinese ID Card
Foreign Corporate *
Qualification Certificate (to approve that this corporate is legit outside of China) and Corporate's bylaw
Natural Individual (Hong Kong, Macao)
Permanent identity card, or Passport of the Special Administrative Region or; Residence Permit for Hong Kong and Macao Residents issued by the Chinese PSB or; Travel Permit issued by Chinese PSB
Natural Individual (Chinese Taipei)
Residence Permit for Taiwan residents issued by Chinese PSB and Travel Permit for Taiwan Residents issued by the Chinese PSB
1) The documents mentioned in 3 and 4 in the above form, because they are not issued by Chinese government departments, those documents need to be notarized by the notary office of the country where they are located and authenticated by the Chinese embassy (consulate) in that country. Unless otherwise provided for in the international treaties concluded or acceded to by China and the countries concerned.
2) If its own country does not have diplomatic relations with China, it shall be authenticated by the embassy (consulate) of a third country that has diplomatic relations with China, and then authenticated by the embassy (consulate) of China in that third country.
3) Documents issued by overseas territories of certain countries shall first be notarized in that territory, then certified by the diplomatic office of that country, and finally authenticated by the embassy (consulate) of China in that country.
4) Any foreign natural person who comes to China to invest and set up an enterprise and submits the identity document of the permanent resident identity card of the foreigner of the People's Republic of China is not required to be notarized.
5) If the identity certificate submitted by a foreign natural person is a passport with a visa or Resident Permitissued by the embassy (consulate) of China and the entry formalities confirmed by the Exit and Entry Administration department of China, there is no need for notarization after checking the original.
5. Shareholder Decision Prove
According to the Provisions of the Corporation Law and the articles of association, the limited liability corporate shall submit the decision of the shareholders or the resolution of the shareholders' meeting, and the joint stock limited corporate shall submit the minutes of the meeting of the shareholders' meeting (the joint stock limited corporate shall submit the minutes of the meeting of the founding meeting).
If the Corporation Law and the articles of association stipulate that the office of the personnel of the corporate's organizational structure shall be formed by the board of directors, the board of supervisors, the workers' congress and other forms, the relevant materials shall be submitted to the resolution of the board of directors signed by the directors, the resolution of the board of supervisors signed by the supervisors, and the resolution of the workers' congress signed by the employees' representatives.
6. Documents for Office Address
6.1 Copy of property ownership certificate for self-owned non-residential property or;
6.2 The copy of the lease agreement and the copy of the house ownership certificate of the lessor shall be submitted or;
6.3 If the lessor is a hotel or restaurant, the copy of the business license of the hotel or restaurant shall be submitted.
1. A joint stock limited corporate established through public offering shall submit a capital verification certificate issued by a lawfully established capital verification institution. Where the initiators' initial capital contribution involves non-monetary property, the certification documents for the transfer of property rights shall be submitted
2. The approval documents of the securities regulatory body under The State Council shall be submitted to the joint stock limited corporate established by public offering.
3. Where the establishment of a corporate is required by laws, administrative regulations and decisions of The State Council for approval or the business scope for which the corporate applies for registration is required by laws, administrative regulations and decisions of The State Council for approval before registration, copies of relevant approval documents or license certificates shall be submitted.