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    Ouvrir un bureau de representations , procedures ( English )


    Nombre de messages : 40
    Localisation : Shanghai
    Date d'inscription : 17/10/2007

    Ouvrir un bureau de representations , procedures ( English )

    Message  Admin le Jeu 6 Déc - 15:48

    Bonjour a tous Very Happy ,
    Voila ce qu il vous faut savoir pour l ouverture d un bureau de representation en Chine, enregistrement et procedures a suivre .
    Bonne lecture .


    Foreign enterprises can establish representative offices in China upon application and approval.

    Prerequisite Condition
    According to the Chinese Government regulations, foreign traders, manufacturers, shipping agents, economic organizations and other groups shall report, according to their nature of business, to Ministry of Foreign Trade and Economic Cooperation (Moftec) or their relevant ministries, committees or Bureau which are authorized for the examination and approval of the set-up of representative offices.

    The business activities of Representative Office can only be within the range of business connections, products introduction marketing, technology exchange and consulting service and etc. Direct business activities are prohibited.

    Characteristics of a Representative Office
    Representative office is a non-legal entity operating in China representing its parent company. A representative office is not allowed to engage itself in business activities, issue invoices on its own, remitting outward, signing sales or purchase contracts, or receiving income from services performed but may act as a liaison and promotion office for its parent company.

    Application is a two-step procedure. Step one: applicant should obtain approval from the respective authorities. Step two: registration should be made with the Administration For industry and Commerce. The foreign enterprise may engage an agent authorized by local Foreign Economic Relations and Trade Committee to handle its application on its behalf.

    Approval Authorities
    Authorities for approval are distributed among various State Council Departments and are delegated to their local offices. Applicants should apply for approval from different departments (at their local offices) according to their core activities. Some of the major types of industries and their approval authorities are:

    Approval Authority

    Trading, manufacturing, forwarding agent
    Foreign Economic Relations & Trade Commission

    Finance, insurance
    People's Bank of China

    Marine transport, marine forwarding agent
    Ministry of Communications

    Post and telecommunication
    Ministry of Information Industry

    Travel and tourism
    National Tourism Administration

    State Administration for Industry and Commerce

    Name of a Representative Office
    The name of the Representative office should be in the form of ¨Name of the Enterprise + Name of the City + Representative Office (or Office).

    Business Address
    At the beginning of setting up the Representative Office, it is advised to decide the place and building where office is going to be located first, as the address of the proposed office will have to be mentioned in the application for approval.

    Note the business address must be located in commercial buildings approved by the government.

    Chief Representative
    Chief Representative is the legal representative of the Representative in China, appointed by the board of directors of its parent company. Local representative is not required. Normally, if the chief representative does not intend to stay and work in Shanghai for over 90 days (within a year), no employment visa is needed. In case that the chief representative is a foreigner and intends to stay in China for over 90 days in a year, employment visa is needed.

    Criteria for Granting Approval
    Note that the Chinese Government works on an approval system instead of a registration system, that is, the application may be rejected without any reason given. It is therefore important that the necessary requirements should be fulfilled and documents required by the government must be fully and accurately submitted. Some of the requirements are:
    (1) The parent company should have at least one year's operating results;
    (2) A business address located in a building, which is approved by the government to house foreign enterprises, is required.
    (3) If the documents are not in Chinese, certified translation by approved translator are required.
    (4) Notarization of statutory documents of the parent company may be required.

    Documents Required for Application
    The applicant shall complete and submit Form for Establishing Representative Office by Foreign Enterprises and Form for Staff of Representative Office together with the following documents:
    (1) An application duly signed by the chairman of the board or general manager of the foreign enterprise with the following details: name of the representative office, name of the chief representative, scope of business, duration and address, etc;
    (2) Statutory documents of the parent company issued by authorities of the country or region of origin; e.g. Constitution, Certificate of Incorporation, Business Certificate, Tax Certificate;
    (3) A capital and credit certification letter issued by a bank which has business relations with the applicant certifying its financial and credit standing;
    (4) Power of attorney issued by the applicant to the person who shall be the Chief Representative, his curriculum vitae and photograph;
    (5) Licence issued by the building in which the representative office will occupy;
    (6) A brief summary of the operations and business of the company.

    Examination and Approval Procedures
    (1) The Shanghai Municipal Foreign Economic Relations & Trade Commission will examine the application. Upon approval, the Commission will issue an Approval Certificate to the applicant;
    (2) The applicant shall, within 30 days of the approval, apply with the Shanghai Administration For industry and Commerce together with the Approval Certificate issued by the Commission and all the documents refer to as above. A Registration Certificate, a representative card and work permit will be issued to the applicant;

      La date/heure actuelle est Jeu 13 Déc - 2:31