Saturday, December 15, 2007

Learn Chinese online - Provisions Concerning the Administration of Foreign-funded

Business-starting Investment Enterprises

BIZCHINA / Company laws

Provisions Concerning the Administration of Foreign-funded
Business-starting Investment Enterprises

Updated: 2006-04-17 10:37

Article14 When a non-legal-person organization files an application to
the registration authority for modifying its registration, the archival
evidential documents issued by the above-mentioned examination and
approval organ may replace relevant documents for examination and
approval.

Article15 Having made investments according to the proceedings of
business-starting investments and upon relevant capital verification
report, the investors of the FBIE shall file an application to the
original registration organ for handling the archival procedures for
their investments. The registration organ shall fill up the number of its
actual amount of capital behind the item of "Capital Amount" on its
Business License.
Where an FBIE makes no investment or fails to make the total investment,
it shall be subject to penalties imposed by the registration organ in
accordance with the existing regulations.

Article16 The investors of an FBIE shall make investments and relevant
modifications in accordance with the existing regulations.
Chapter IV Institutional Structure

Article17 An FBIE in the form of non-legal-person organization shall
establish a joint management committee. An FBIE in the form of company
shall establish a board of directors. The investors shall stipulate on
how to organize the joint management committee or the board of directors
in the contract and in the articles of association of the FBIE. The joint
management committee and the board of directors shall manage the
enterprise on behalf of its investors.

Article18 The subordinate administrative departments of the joint
management committee and the board of directors shall, in accordance with
the power as specified in the contract and the articles of association of
the FBIE, take charge of the routine managerial work and execute the
investment decisions made by the joint management committee and the board
of directors.

Article19 The person-in-charge of an administrative department shall
satisfy the following conditions:
(1) shall have full capacity for civil conduct;
(2) shall have no record of criminal offence;
(3) shall have no record of bad operations;
(4) shall be experienced in business-starting investments and have no
record of illegal practices.
(5) shall meet the other requirements of the examination and approval
organ.

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