CBL Team’s Introduction
CBL’s translation of the local Chinese government’s guidance on the Qianhai Free Trade Zone foreign direct investment regulatory process is essential for investors in southern China. Qianhai is a popular destination for China FDI because of its income and corporate tax breaks, and published this guidance on its own simplified rules system. This guidance is translated to American English using the User Centered Translation approach.
Shenzhen Qianhai Foreign Investment Process
I. Instructions
Foreign investors (or entities that have foreign investors) that invest in industries not covered by the Free Trade Zone Special Administrative Procedures for Admission of Foreign Investments (Exception List) (the “Exception List”) can complete registration by following the same process as domestic entities. Foreign investors (or entities that have foreign investors) that invest in industries where the Exception List restricts capital contribution proportions and permitted nationality of statutory representative (or chief executive) may only register once fulfilling the criteria provided by the Special Administrative Procedures for Admission of Foreign Investments. Exemption from registration office review as to whether the foreign investor’s entity has fulfilled the criteria (as required by the Special Administrative Procedures for Admission of Foreign Investments), is available if their business license was pre-approved by the industry’s jurisdictional agency before registration. The Exception List prohibits investments in industries closed to foreign investors and business entities that have foreign investors.
II. Process:
1 Name approval and system filing: Login to the Shenzhen Administration for Market Regulation website (http://amr.sz.gov.cn/) and select Entities Subject to Pre-formation Approvals to request for name approval. Navigate to the registration page after submitting the name pre-approval application, fill in the business registration and initial foreign investment report details, and complete the submission to book an appointment.
2 Agent Address (optional):
Entities lacking a physical address in Qianhai must use Qianhai Commerce Secretary Company as their registration agent.
Search for the Qianhai Commerce Secretary WeChat Official Account and follow the steps to complete your submission. Book an appointment and visit room A 108 at the Qianhai e-Station Service Center to receive a queue number and sign the registered agent agreement after passing the online review.
3 Visit the Qianhai e-Station Service Center at the appointment time given in Step 1 to receive a business registration number and submit the printed filing materials.
List of printed materials needed for business registration:
Formation and registration for LLCs with foreign investors:
http://www.gdzwfw.gov.cn/portal/guide/11440300398538336H3440125017020
Incorporation and registration for corporations with foreign investors：
http://www.gdzwfw.gov.cn/portal/guide/11440300398538336H3440125017048
Formation and registration for partnerships with foreign investors:
（http://www.gdzwfw.gov.cn/portal/guide/11440300398538336H3440125017028）
(Note: Entities using a registration agent must submit the agent-principal agreement)
Description of Investor’s Certificate of Good Standing
1 Certificate of Good Standing for Foreign Investors A notary public in the applicant’s country must notarize all certificates of good standing or identification documents submitted to the registering office by the applying foreign owned entity, and all notarized documents must be legalized by the Chinese embassy (or consulate) in the same country. Applicants in countries lacking diplomatic relations with China must legalize such documents through the embassy (or consulate) of a third country having diplomatic relations with China in the applicant’s country. The documents will then be sent to the Chinese embassy (or consulate) in the third country for legalization. Documents issued in overseas territories of certain countries must be legalized by the country’s diplomatic service after notarization, and finally legalized by the Chinese embassy (or consulate) in the country. There may be exceptions under international treaties signed or participated in by China and the applicable countries. No notarization is required when the investor is a foreign natural person submitting a Foreign Permanent Resident ID Card as an identification document.
2 Certificate of Good Standing for Hong Kong, Macau, and Taiwan Investors: Certificate of good standing or identification documents submitted by investors from the Hong Kong Special Administrative Region, Macao Special Administrative Region, or Taiwan Region must be notarized by a local notary agency pursuant to any specific regulations or agreements and submitted pursuant to law. Identification documents for natural person investors from the Hong Kong Special Administrative Region and Macao Special Administrative Region include local permanent resident ID cards, Special Administrative Region passports, Residence Permits for Hong Kong and Macao Residents issued by mainland China law enforcement agencies, and Mainland Travel Permits issued by the mainland Exit and Entry Administration. Residence Permits for Hong Kong and Macao residents and Mainland Travel Permits do not need to be notarized. Residence Permits for Taiwan Residents issued by mainland law enforcement agencies or Mainland Travel Permits for Taiwan Residents issued by the mainland Exit and Entry Administration submitted as identification documents by natural person investors from Taiwan do not need to be notarized.
3 Chinese investors must submit their business entity business license or registration certificates (1 copy must be stamped with the business entity’s corporate seal and indicated as an authentic copy of the original. Entities having Shenzhen business entities as shareholders do not need to submit a business certificate).
Important Notes:
1 All signatures must be in black ink. Personal stamps will not be accepted.
2 Notarized certificates or passport headers in English must include separate translations. (a. Translations completed by translation companies must include a stamped copy of the translation company’s business certificate; b. Translations completed by a shareholder company must be stamped with the shareholder company’s seal or signed by an authorized representative).
3 Tel: 075572345