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TENTATIVE
PROCEDURES FOR THE REGISTRATION AND ADMINISTRATION
OF ENTERPRISES IN THE GUANGZHOU ECONOMIC AND
TECHNOLOGICAL DEVELOPMENT ZONE
(Adopted
at the Guangzhou Mayor's Work Meeting on
March 6, 1985 and Promulgated for Implementation
by the Municipal People's Government on
April 9, 1985)
SUBJECT: INDUSTRY & COMMERCE ADMINISTRATION
ISSUING-DEPT: GUANGDONG PROVINCE
ISSUE-DATE: 03/06/1985
IMPLEMENT-DATE: 04/09/1985
LENGTH: 1631 words
TEXT:
[Article 1] These Procedures are formulated in accordance with the pertinent laws, rules and regulations of the People's Republic of China and the Interim Regulations on the Guangzhou Economic and Technological Development Zone.
[Article 2] After approval by the Administrative Committee of Guangzhou Economic and Technological Development Zone (hereinafter referred to as "Administrative Committee of the Development Zone"), all enterprises established in the development zone including Chinese-foreign joint ventures, cooperative ventures and enterprises operated independently by investors (hereinafter referred to as "development zone enterprises") shall, within thirty days from the date of approval, apply for registration with the Development Zone Office of the Guangzhou Municipal Administrative Bureau for Industry and Commerce (hereinafter referred to as "Administrative Office for Industry and Commerce").
[Article 3] A development zone enterprise that applies for registration shall present the following documents and materials:
(1) The document of approval;
(2) One copy each of the Chinese and foreign language texts of the agreement and contract signed by the parties to the enterprise and the enterprise's articles of association;
(3) A copy of the business certificate and other credit certificate issued by the competent authorities of the government of the country or region where the investor is located.
[Article 4] When a development zone enterprise applies for registration, it shall fill out a registration form in Chinese and a foreign language.0 The items of registration shall be: the name of the enterprise, the address, the scope of production and operation, the form of production and operation, the time limit of establishment, the registered capital and the proportion to be provided by each party, the members of the board of directors, the general manager (or factory manager), the deputy general manager (or deputy factory manager), the number and date of the document of approval, the total number of staff and workers and the number of staff and worker of foreign nationality.
The chairman of the board of directors or the general manager (or factory manager) of the development zone enterprise shall be responsible for the content of its registration.
[Article 5] A development zone enterprise may, after its application for registration has been examined and approved, obtain the Business Licence of the People's Republic of China.
[Article 6] Foreign enterprises and enterprises run by overseas Chinese, compatriots from Hong Kong, Macao and Taiwan that wish to operate contracted projects (hereinafter referred to as "contracted projects") shall have the approval of the Administrative Committee of the Development Zone.0 Contracted projects enterprise shall go through the registration procedures with the Administrative Office for shall have the approval of the Administrative committee of the Deuelopment Zone.0 Contrart projects enterprises shall go through the registration procedure with the Adnunstruve office for Industry and Commerce within 30 days after approval.
[Article 7] A contracted project enterprise that applies for registration, shall present the following documents and materials:
(1) The document of approval;
(2) The contract or agreement of the contracted project;
(3) The legitimate business certificate and other credit certificates issued by the competent authorities of the country or region where the enterprise is located;
(4) The application form signed by the chairman of the board of directors or the general manager of the contracted project enterprise shall include the following items: the name of the enterprise, the address, the registered capital, the items of the contracted project, the sum of the contracted project, the term, the location, and the person responsible for the project.
A contracted project enterprise whose registration has been approved shall obtain a contracted project registration certificate.
[Article 8] A foreign enterprise and an enterprise run by overseas Chinese, compatriots from Hong Kong, Macao and Taiwan wishing to establish an affiliated company or branch (hereinafter referred to as "branch") in the development zone shall go through the approval and registration procedures in accordance with the provisions of Article 6 of these Procedures.
[Article 9] When the branch mentioned in the preceding Article goes through the registration procedures, it shall present the following documents and materials:
(1) The document of approval;
(2) The legitimate business certificate and other credit certificates of the original enterprise issued by the competent authorities of the country or region where the original enterprise is located;
(3) The capital credit certificate issued by the financial institution having business transactions with the original enterprise;
(4) The application form signed by the chairman of the board of the directors or the general manager of the original enterprise shall include the following items: the name of the original enterprise, the address, the scope of operation, the registered capital, the name of the branch, the location, the items of production and operation and the name of the person in charge.
After its registration has been approved, the branch may obtain the Business Licence of the People's Republic of China.
All Chinese-foreign joint ventures, cooperative ventures and foreign enterprises registered in China and established outside the development zone may establish affiliated companies or branches in the development zone shall be governed by provisions of Article 8 and this Article of these Procedures.
[Article 10] A development zone enterprise, a contracted project enterprise and its branch shall be regarded as legally established at the date when its business licence or registration certificate is obtained.0 Their activities within the scope of approved operations shall be protected by the laws of the People's Republic of China and the development zone shall provide convenience to their normal activities.
[Article 11] A development zone enterprise or a contracted project enterprise and its branch shall, by producing its business licence or registration certificate, open an account with the Bank of China or another bank agreed to the Chinese party and go through the relevant procedures with the tax, customs and other authorities.
[Article 12] When a development zone enterprise desires to move to a new site, change its lines of production, increase or assign the registered capital or extend the contract term, it shall obtain the approval of the original authorities granting the approval.0 Within thirty days after approval the enterprise shall go through the procedures for registering the changes with the Administrative Office for Industry and Commerce and with the development zone tax authorities.
Alteration of other registration items shall be filed with the Administrative Office for Industry and Commerce for record.
[Article 13] When a development zone enterprise, a contracted project enterprise or its branch applies for registration or alteration of its registration, it shall pay a registration fee the amount of which shall be determined by the Administrative Office for Industry and Commerce in accordance with the pertinent provisions of the state.
[Article 14] A development zone enterprise and its branch shall, upon the expiration of the operation term (or the expiration of the contract), report to the original authorities granting the approval for record.0 A development zone enterprise or its branch prematurely terminating its operation or terminating its contract shall obtain approval of the original authorities granting the approval; go through the procedures for nullifying its registration by presenting to the Administrative Office for Industry and Commerce the certificates issued by the tax authorities, banks and other departments certifying that taxes, debts and other related matters are completely settled; and hand in its registration certificate and business licence for cancellation.
[Article 15] The Administrative Office for Industry and Commerce is the administrative body responsible for the administration of contracts signed by the development zone enterprise and contracted project enterprise.0 It shall have the right to inspect the implementation of the contracts and persuade all parties to the contract to implement their respective rights and obligations.0 The above-mentioned enterprise shall file reports concerning the implementation of the contract and the business operation of the enterprise with the Administrative Office for Industry and Commerce on an annual basis.0 The chairman of the board of directors or the general manager shall be responsible for the content of the reports.
[Article 16] The Administrative Office for Industry and Commerce shall have the right to supervise and inspect the development zone enterprises.0 Any development zone industrial and commercial enterprise that violates any pertinent laws and decrees of the People's Republic of China and the pertinent provisions of the development zone shall be given a warning or a fine or have its business licence withdrawn in accordance with the seriousness of the case by the Administrative Office for Industry and Commerce.
[Article 17] The procedures on registration and administration of inland enterprises established within the development zone shall be enforced by reference to these Procedures.
[Article 18] These Procedures shall come into force on the date of promulgation.
