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A Foreign Investor¡¯s Purchase of the Stocks of a Domestic Enterprise
£¨Not Including the ¡°three-types-of-foreign-funded¡± enterprise£©

Procedure of Approval

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  1. The enterprise presents documents£»
  2. The person in charge makes a primary examination£»
  3. The section chief checks and verifies (checks and approves)£»
  4. The bureau director checks and verifies  (checks and approves)£»
  5. To report to the province for examination and approval.

Documents for Application

The following documents should be presented£º

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£©The unanimous decision of the purchased domestic limited company¡¯s share holders concerning the purchase of their stocks by a foreign investor, or the board meeting decision of the purchased domestic limited company, the decision of the foreign investor¡¯s purchase of the domestic firm¡¯s stocks or purchase of the domestic firm¡¯s increased assets, the decision of each party¡¯s board of stockholders and board of directors £»

3£©The application of the purchased domestic company to be legally changed into a foreign invested company;

4£©The verification notice of the name change of the purchased enterprise issued by the Industrial and Commercial Administration Bureau of the city;   

5£©The most recent auditor¡¯s report on the purchased firm¡¯s annual financial situation and the asset evaluation institution¡¯s evaluation report on the equity value to be transferred or the assets to be sold;

6£©The bank¡¯s certificate of each party¡¯s creditworthiness, business license or business launching certificate, the valid certificate of each party¡¯s legal representative and photocopy of the ID card. The foreign party who is a natural person must provide his or her ID, CV and other valid certificates; the natural person shareholder in the original domestic firm who enjoys over one year¡¯s shareholder status in it and who requires to continue his Chinese party¡¯s investor in the newly established firm after the acquisition must provide his or her ID, CV and proving documents of the legal intermediary institution;   

7£©The explanation of the purchased domestic firm¡¯s invested enterprises£»

8£©The business license of the purchased domestic firm and all of its invested enterprises (copies)£»

9£©The employee arrangement plan for the purchased domestic firm¡¯s staff;

10£©The equity-transferring agreement signed between the transferor and the transferee and signed by the other investors or recognized by other valid legalized written forms (including the agreement of the foreign investor¡¯s purchase of the domestic firm¡¯s increased capital); The enterprise that transfers the state-owned equity or the foreign investor purchases the increased capital of a state-owned stock company must also provide the approval document of the economics and trade management department (including the report signed by the Chinese party¡¯s authority about the equity change of investors in the firm, the evaluation report issued by the state-owned assets evaluation institution on the equity to be changed, the state-owned assets management department¡¯s confirmation on the above assets evaluation reports, etc.);

11 The name list of the purchased domestic firm¡¯s board of stockholders and board of directors and its constitution;

12£©The contract, constitution and name list of the board for the established foreign invested enterprise after the acquisition;

13£©Other documents or materials required for the application as necessary (depending on the project).

Attention

¡¡Be in conformity with the national policies of industry

Time Limit

¡¡Within four working days

Unit in Charge

¡¡Foreign Investment Management Department

Advice Hotline

¡¡Tel£º2819360        Fax £º2819350

 

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