Procedures for foreign companies to set up permanent representative office in China

The permanent representative office of foreign enterprise (such as office or representative office) means no-profitable office established by foreign company to engage in operation related under the stipulations. The representative office is not qualified of legal person. Such a representative office is only engaged in indirect operation, i.e. contact and correspondence, promotion, market investigation, technology exchange, etc. If China and this company’s country have bilateral treaty, and such a treaty approves a permanent representative office to engage in direct operation, the stipulation shall be executed.

To set up a representative office in China, the foreign company shall submit to the registration organ the following documents and materials: 1) application for establishing representative office; 2) certificates of foreign company address and legitimate operation certification for 2 running years, foreign company rules or organizing agreement, nomination documents of chief representative and representatives, identification and resume of chief representative and representatives, capital credit certification with foreign enterprise issued by finance institution; 3) legal certificate of representative office site. For those that are ratified by international treaty and agreement signed by China to set up representative office for profitable operation, the correspondent documents shall be submitted under the law or stipulations of the State Council.

If the representative office shall be approved under law and administrative regulations or stipulations of the State Council, the foreign company shall make an application for registration within 90 days as of ratification day, attached to ratification documents concerned.

The registration office shall make within 15 days upon receipt of application a final decision to justify its registration. If registration approved, the registration and representative certificates shall be issued within 5 days from decision-making day; if the decision are not favored, a retrieval notification shall be issued to the applicant within 5 days from the decision-making day and reasons accounted for thereof. The issuing date of registration certificate shall be founding date of the representative organ.