People's Republic of China promulgated by Decree No. 567
The foreign enterprises or individuals in China to establish the partnership and management measures of the State Council on August 19, 2009 at the 77th Executive Council, are hereby promulgated and, as of March 1, 2010.
Prime Minister Wen Jiabao
The November 25, 2009
Foreign enterprises or individuals in China to establish the partnership management approach
First in order to regulate foreign enterprises or individuals in China to establish the Partnership Act, foreign enterprises or individual investments in China to set up a partnership and expanding foreign economic cooperation and technological exchanges, according to the People's Republic of China partnership (hereinafter the partnership), and these measures are formulated.
Article referred to foreign enterprises or individuals in China to establish partnerships, means more than 2 foreign enterprises or individuals in China to establish partnerships, as well as foreign enterprises or individuals and Chinese individuals, legal persons and other organizations to establish partnerships in China.
Article set up partnerships in China by foreign enterprises or individuals shall abide by the partnership, as well as provisions of other relevant laws, administrative regulations and rules, in line with the industrial policy relating to foreign investment.
Establish partnerships in China by foreign enterprises or individuals whose legitimate rights and interests protected by law.
State encourages has advanced technology and management experience of foreign companies or individuals in China to establish partnerships, promote the development of modern service industries.
The fourth foreign enterprises or individuals for contributions shall be freely convertible foreign currency and RMB can be legally obtained.
Article fifth set up partnerships in China by foreign enterprises or individuals, should be determined by all the partners designated representative or jointly entrusted agent authorized by the Administrative Department for industry and commerce under the State Council administration for industry and Commerce (hereinafter referred to as the enterprise registration authority) of applying for establishment registration.
Application for establishment registration, shall be submitted to the registration authority of the People's Republic of China the partnership provisions of the measures for Administration of registration of documents and description of industries for foreign investment policy.
Enterprise registered by the registration authority should information relating to registration and to inform the competent Commerce departments at the same level.
Sixth in China by foreign enterprises or individuals established within the partnership (hereinafter referred to as foreign-invested partnership enterprise), change of registered particulars, it shall apply to the registration organ for change registration. The seventh foreign partnership is dissolved, shall, in accordance with the provisions of the partnership to liquidate.
The liquidator shall from the date of liquidation in the 15th, to the business registration office for cancellation of registration.
The eighth foreign investment withdraws from all the foreign partners of a partnership, the partnership continues to exist, it shall apply to the registration organ for change registration.
Nineth change or cancellation of registration of foreign-invested partnership enterprise, Enterprise registration authority shall at the same time about the registration or cancellation of registration information to inform the competent Commerce departments at the same level.
Tenth foreign-invested partnership enterprise registration matters not specified in these measures, in accordance with the People's Republic of China partnership enterprise registration and administration procedures and relevant regulations of the State.
The 11th foreign enterprises or individuals in China to establish partnerships involving financial accounting, taxation, foreign exchange as well as customs, immigration and other matters, in accordance with relevant laws, administrative regulations and the relevant national regulations.
12th Chinese natural persons, legal persons and other organizations establish partnership in China, foreign enterprises or individuals occupied, shall comply with the relevant provisions of the measures, and shall apply to the enterprise registration authority for registration of change.
The 13th foreign enterprises or individuals in China to establish partnerships involving investment projects that are subject to Government approval, in accordance with relevant State provisions of investment project approval procedures.
The 14th State to foreign companies or individuals to set up in China with investments as the main business of the partnership as otherwise provided, in accordance with its provisions.
15th Hong Kong S.A.R., and Macau S.A.R. and Taiwan area businesses or individuals in the Mainland to establish partnerships, in accordance with the measures of the regulations. 16th these measures shall come into force on March 1, 2010.