What important documents require to register a Representative office in China.
1. Non-Chinese Investor business license, power of attorney, article of incorporation, chief representative appointment resolution and passport copy, credit standing issued by bank which are authenticated by Chinese Embassy of investor country, it requires this investor lasts at least two years. (1 originals, prepare it at investor country) 2. Office lease contact, to register a JV the Chinese government requires a place to carry out business, the place should be in commercial building or industry building. The resident building is not allowed to register as a WOFE address. 3. ROs minimum registered capital: no capital required by Chinese government. Representative Offices (ROs) are established by foreign companies to engage in business liaison, product promotion, market research, exchange of technology and other permitted activities in China. ROs are not allowed to directly engage in operational activities. The AIC usually specifies in the Business Scope, as shown in the Business License of ROs, that a RO should not engage in direct operational activities. Therefore, ROs are not a form of foreign investment in China. However, some ROs are engaged in operations in a lawful or tacitly permitted way and constitute one of the direct foreign Investment forms in China. The tacitly permitted way is applicable to those industries that do not require special material conditions or environment for their operations. For example, a consulting business does not need manufacturing equipment and raw materials. It only needs offices, employees and office articles. These physical conditions are necessary for other ROs as well. In practice, many ROs that are established by foreign consulting companies directly engage in consulting activities. Chinese government does not prohibit them in practice and this is reflected by the fact that the tax authorities collect business tax from these ROs. The lawful operational activities engaged in by ROs refer to those business activities permitted pursuant to the bilateral treaties between China and other countries. In the event that a bilateral treaty provides that certain types of ROs are permitted to engage in operational activities, these bilateral treaties should prevail over Chinese domestic law. |
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