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The
change of stock equity may have the following
situations£º
£¨1£©For
the transfer of stock equity based on the agreement
between the investors and the transfer of stock
equity to other related enterprises or other
transferees based on the agreement all investors,
the application must be presented with the following
documents:
1£©The
local (or the city)
foreign trade and economic Cooperation office¡¯s
request to the Foreign Trade and Economic
Cooperation Bureau of the city;
2£©Amendments
to the supplementary contract and constitution of
the original contract and constitution.
3£©The
board decision about the change of investors¡¯
stock equity;
4£©The
valid name list of the board members before the
equity change;
5£©The
name list of the board members after the equity
change;
6£©The
agreement of equity transfer signed between the
transferor and the transferee and signed by all
other investors or recognized in a written form
(for the equity transfer of the foreign party, the
examination report of relevant departments in charge
is needed), the foreign party¡¯s board decision;
7£©The
photocopy of certificates of the transferee¡¯s
credit standing, business registration, registration
certification, ID card of the legal person;
8£©The
transferor¡¯s business registration certificate or
related documents;
9£©The
Photocopy of the enterprise¡¯ original contract,
constitution, supplementary contracts and
constitutions each times (A foreign invested
enterprise only needs to present the constitution
and supplementary constitutions.) and other approval
documents;
10£©The
original and two copies of the approval certificate
of passed annual inspection, and the photocopy of
business license;
11£©The
most recent qualification assessment report,
auditor¡¯s report and asset evaluation report.
(2)
For
the change of stock equity of all the parties caused
by the adjustment of the enterprise¡¯s registered
capital based on the agreement of investors, the
following documents should to presented to the unit
of its original approval£º
1£©The
local (or the city)
foreign trade and economic cooperation office¡¯s
request to the Foreign Trade and Economic
CooperationBureau of the city;
2£©The
supplementary contract and
constitution about the equity change (A
foreign invested enterprise only needs to present
the supplementary constitution.);
3£©The
board decision about the change of investors¡¯
stock equity;
4£©The
Photocopy of the enterprise¡¯ original contract,
constitution, supplementary contracts and
constitutions each times (A foreign invested
enterprise only needs to present the constitution
and supplementary constitution.) and their approval
documents; certificate of passed annual inspection,
photocopy of business license, the most
recent qualification assessment report, auditor¡¯s
report and asset evaluation report;
5£©The
valid name list of the board members before the
equity change;
6£©Other
documents required as necessary.
£¨3£©For
the investors¡¯ equity change caused by the use of
the stock equity as collateral to creditors
based on the agreement of all investment parties so
that the equity owner or beneficiary acquires the
investors¡¯ stock equity in accordance with law or
the specification of the contract, the investor of
the enterprise and the owner of the pledged equity,
after signing the contract of collateral, should
present the following documents to the original
approval unit for examination:
1£©The
decision agreeing on the investor¡¯s stock equity
used as collateral made by the board of the
enterprise and other investors.
2£©The
contract of collateral between the investor offering
the equity and the beneficiary of the equity
pledged;
3£©The
investor¡¯s certificate of offering the equity as
collateral
4£©The
qualifications assessment report;
5£©Other
documents required as necessary.
£¨4£©For
the stock equity legally acquired by the successor,
creditor or other beneficiary because of the
investor¡¯s bankruptcy, being disbanded, being
cancelled, being revoked or death; and for the
equity change to the original investor¡¯s successor
because of the investors¡¯ merger or separation,
the enterprise must provide, in addition to the
documents mentioned in the £¨1£©
item, the certificate of beneficiary¡¯s acquiring
of the investor¡¯s stock equity, the certificate of
the beneficiary¡¯s legally launching of the
business, the certificate of credit standing, the
photocopy of the legal representative, and other
materials.
£¨5£©For
the change of stock equity caused due to the fact
that because the enterprise investor does not
undertake the obligation specified in the contract
or constitution, the investment party that has
undertaken its obligation unilaterally apply for the
change of stock equity or the change of investor,
the party having undertaking its obligation should
provide the following documents to the original
approving unit in addition to the documents
specified in the (1) item:
1£©If
the party having broken the contract has never
invested any funds, the party having executed the
contract should present the document of certifying
that it has urged the other party to pay or clear
the invested funds; If the party having broken the
contract has paid its invested funds, the applicant
should present the document of clearing the part of
investment of the contract-braking party.
2£©If
there are new investors holding the shares, the
applicant should present the legal business
certificate, credit standing certificate, the legal
person¡¯s ID card, and other materials.
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