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INTERIM REGULATIONS FOR THE REGISTRATION AND ADMINISTRATION OF ENTERPRISES IN THE ECONOMIC AND TECHNOLOGICAL DEVELOPMENT ZONE OF SHANGDONG PROVINCE

Interim Regulations for the Registration and Administration of Enterprises in the Economic and Technological Development Zone of Shangdong Province

     (Effective Date 1986.01.21)

   Article 1. These Interim Regulations are formulated in the light of specific conditions and in accordance with the relevant laws and regulations of the People's Republic of China.

   Article 2. Foreign citizens, overseas Chinese, compatriots in Taiwan, Hong Kong and Macao and their companies, enterprises and other economic entities (hereinafter referred to as investors) shall acquire approval of the Administrative Commission of the Economic and Technological Development Zone (hereinafter referred to as the Administrative Commission of the Development Zone) before they establish enterprises in the Development Zone (hereinafter referred to as the Development Zone enterprises), operate contracted projects of construction and building fitting (hereinafter referred to as contracted project enterprises) or set up resident representative offices. The investors shall, within thirty days from the date of approval, apply for registration with the Administrative Bureau for Industry and Commerce of the cities where they are located, and obtain a business license. No operation shall be allowed without registration.

   Article 3. A development Zone enterprise applying for registration shall present the following documents;

(1) The documents of approvals issued by the Administrative Commission of the Development Zone and by the competent authorities of the government;

(2) One copy of the Chinese text or both the Chinese and the 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 registration certificate or other credit certificate issued by the competent governmental authorities of the country or region where the investor is located;

(4) An application for registration signed by the chairman of the board of directors or the general manager of the enterprise.

The main 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 registered capital and the proportion to be provided by each party to the equity joint venture or contractual joint venture, chairman and vice chairman of the board of directors, the general manager (factory manager), the deputy general manager (deputy factory manager), the institution issuing the document of approval, the number and date of the document of approval, the total number of staff and workers and the number of staff and workers of foreign nationality.

   Article 4. A contracted project enterprise applying for registration shall present the following documents:

(1) The document of approval issued by the Administrative Commission of the Development Zone;

(2) The contract of the contracted project;

(3) The legitimate business certificate issued by the competent governmental authority of the country or region where the investor is located and the capital credit certificate issued by the financial organization having business transactions with the enterprise.

(4) "Application for Capital Construction Project" examined and approved by the competent capital construction authorities of the Development Zone;

(5) The Application for registration signed by the chairman of the board of directors or the general manager of the enterprise.

The main items of registration shall be: the name of the enterprise, the address, the scope of operation, the registered capital, the item of the contracted project, the term and sum of the contracted project, the list of the name and position of the person responsible for the project in the Development Zone.

   Article 5. An investor applying for registration of a resident representative office shall present the following documents:

(1) The documents of approval issued by the Administrative Commission of the Development Zone and by the competent authorities of the government.

(2) A copy of the registration certificate issued by the competent governmental authority of the country or region where the investor is located;

(3) The capital credit certificate issued by the financial organization having business transactions with the enterprise;

(4) Application for registration signed by the chairman of the board of directors or the general manager of the company;

(5) The certificate of authorization and a biographical notes of the personnel of the resident representative office of the enterprise.

The main items of registration shall be: the name of the resident representative office, the responsible person, the scope of operation, the term and the location of the resident representative office.

The registration for the resident representative office of financial and insurance trades shall also include, besides the items of (1), (2), (3), (4), and (5), the following items; the annual report of assets and liabilities, profit and losses, the articles of association, a list of members of the board of directors of the general company.

   Article 6. All the Development Zone enterprises, the contracted project enterprises and the resident representative offices applying for registration shall fill out a registration form of three copies in Chinese or both in Chinese and the foreign language. The enterprises and bodies described above shall be regarded as formally established from the date they are issued with a business license or registration certificate, and their legitimate production and operating activities shall be protected by the laws of the People's Republic of China.

   Article 7. Having received the business license or registration certificate, the Development Zone enterprises, the contracted project enterprises and the resident representative offices shall apply to obtain residence permits from the public security organ, register with the taxation authority for the payment of taxes, register with the customs office for import and export and open an account with the designated bank.

   Article 8. The Development Zone enterprises shall be subject to the examination and approval of the original approving authorities before they move to a new site, change the line of production, increase or decrease the registered capital, transfer the possession of the registered capital or change the registered items. They shall, within thirty days after approval, apply to go through procedures for registering the alterations with the Administrative Bureau for Industry and Commerce, the taxation authority and the bank of the city.

   Article 9. The Development Zone enterprises, the contracted project enterprises and the resident representative offices, upon expiration of the contract period and residential period or desirous of terminating the contracts and operation activities, shall go through procedures with the Administrative Bureau for Industry and Commerce of the cities where they are located for nullifying its registration by presenting the documents of approval issued by the original approving authorities and the documents specifying that all debts (including service fees), taxes and other related matters have been completely settled, and shall hand in the business license and registration certificate for cancellation.

   Article 10. The Development Zone enterprises, the contracted project enterprises and the resident representative offices desiring to extend the periods of contracts and operation activities shall, with the approval of the original approving authorities, go through procedures for registering the extension.

   Article 11. The Development Zone enterprises, the contracted project enterprises and the resident representative offices applying for registration or alteration of registration and obtaining or changing the business license and registration certificate shall pay registration fees in accordance with the pertinent regulations of the General Administration for Industry and Commerce of the People's Republic of China.

   Article 12. The Development Zone enterprises, the contracted project enterprises and the resident representative offices shall be under the supervision and inspection of the Administrative Bureau for Industry and Commerce of the cities where they are located. Any of them that violate these Interim Regulations and the pertinent laws and regulations of the People's Republic of China shall be warned, fined or ordered to cease business or shall have their business license or registration certificate revoked etc. by the Administrative Bureau for Industry and Commerce of the cities where they are located.

   Article 13. These Interim Regulations shall come into force on the date of promulgation.

    




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