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Application Procedures for Establishment of Resident Representative Offices by Foreign Enterprises

The resident representative offices of foreign enterprises refer to the offices set up by them within Chinese territory in accordance with the Regulations on the Administration of Registration of Resident Representative Offices of Foreign Enterprises (effective on 1 March 2011) to carry out non-profit activities relating to the business of the foreign enterprise concerned. A representative office is not a separate legal entity.

Foreign enterprises wishing to establish a representative office should apply to the competent registration authorities for establishment and registration.

Documents required for application for establishment and registration

(a)  Application letter for establishment and registration of representative office;

(b)  Proof of the foreign enterprise’s domicile and proof of lawful business operations evidencing that it has been in existence for at least two years;

(c)  Foreign enterprise’s articles of association or organisation agreement;

(d)  Foreign enterprise’s letter of appointment of its chief representative and representatives;

(e)  Identity certificates and resumes of the chief representative and representatives;

(f)  Credit report issued by the financial institution with which the foreign enterprise has business transactions;

(g)  Certificate of lawful utilisation for premises where the representative office is located.

The registration organ should, within 15 days upon accepting the application, decide whether registration is granted. In cases where registration is granted, a registration certificate and representative certificate should be issued to the applicant within five days as from the day the decision is made. In cases where registration is not granted, a registration refusal notice should be issued to the applicant within five days as from the day the decision is made stating the reasons for refusing registration. The date of issue of the registration certificate is the date of establishment of the representative office.

The representative office, the chief representative and representatives shall complete all application procedures in relation to stay, employment, tax payment and foreign exchange registration by presenting the registration certificate and representative certificate.

Content provided by Picture: HKTDC Research
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