Notice of the Administration for Industry and Commerce of Fujian Province on Further Facilitating the Registration of Foreign-Funded Enterprises

· Document Number：No. 121 [2016] of the Administration for Industry and Commerce of Fujian Province

· Area of Law： Foreign-funded Enterprises

· Level of Authority： Local Regulatory Documents

· Date issued：05-27-2016

· Effective Date：05-27-2016

· Status： Effective

· Issuing Authority： Other Institutions of Fujian Province

Notice of the Administration for Industry and Commerce of Fujian Province on Further Facilitating the Registration of Foreign-Funded Enterprises
(No. 121 [2016] of the Administration for Industry and Commerce of Fujian Province)
The industrial and commercial administrations (the market supervision administrations) of all districted cities, Pingtan Comprehensive Experimental Zone, Fuzhou Economic and Technological Development Zone, Fuqing City, Changle City, Minhou County, Lianjiang County, Longhai City, Zhangpu County, Nanjing County, Changtai County, Quanzhou Taiwanese Investment Zone, Jinjiang City, Nan'an City, Shishi City, Hui'an County, Anxi County, Yongchun County, Yong'an City, Xianyou County, Wuyishan City, and Changting County:
In order to practice the CPC requirements of “studying the Constitution and speeches of leaders of the CPC and being a qualified member of the CPC,” advance the reforms to “simplify procedures, decentralize powers, enhance supervision, and optimize public services,” decompose tasks of “addressing priority issues under public supervision” of the provincial government in 2016, redouble efforts to simplify procedures, decentralize powers, and implement the policy of “quick action,” vigorously facilitate the registration of foreign-funded enterprises, with a focus on serving the construction of China (Fujian) Pilot Free Trade Zone, and endeavor to create a convenient and efficient business environment, upon deliberation, it is hereby decided to adjust and specify the registration jurisdiction over certain foreign-funded enterprises, and you are hereby notified of specific matters as follows:
I. The foreign-funded enterprises domiciled in China (Fujian) Pilot Free Trade Zone (“FJFTZ”) shall be subject to the registration administration of the registration authorities in the FJFTZ with the power to confirm and register foreign-funded enterprises. The foreign-funded joint stock companies shall be subject to the registration administration of the registration authorities of the three parts of the FJFTZ (and Pingtan Comprehensive Experimental Zone) with the power to confirm and register foreign-funded enterprises.
II. The foreign-funded corporate financial institutions approved by the banking, insurance, securities, and other industry regulation authorities shall be subject to the registration administration of the registration authorities at the same level. The branch offices of foreign-funded financial institutions and the branch offices of branches of foreign banks and branches of foreign insurance companies approved by the China Banking Regulatory Commission, the China Insurance Regulatory Commission, the China Securities Regulatory Commission, and other industry regulation authorities and their local offices shall be subject to the registration administration of the local registration authorities.
III. Where a Chinese-funded enterprise is changed into a foreign-funded enterprise as a result of international merger or acquisition, it shall be subject to the registration administration of the original registration authority.
IV. The formation of a foreign-funded group with its name bearing the name of the province shall be subject to the registration administration of the original registration authority for its parent company.
V. Where, for the enterprises from foreign countries (or regions) to conduct production and other operations within the territory of China, formation approval or licensing is required by laws, administrative regulations, or the provisions issued by the State Council, the establishments thereof shall be subject to the registration administration of registration authorities at the same level as the approval authorities. For the enterprises that are not subject to such approval or licensing in order to conduct production and other operations within the territory of China, the establishments thereof shall be subject to the registration administration of the local registration authorities.
VI. The resident representative offices of enterprises from foreign countries (or regions) that are subject to formation approval as prescribed in laws, administration regulations, or the provisions issued by the State Council shall be subject to the registration administration of the registration authorities of provinces or cities under separate state planning. The resident representative offices of enterprises from foreign countries (or regions) that are not subject to such approval or licensing shall be subject to the registration administration of the local registration authorities.
VII. Where a foreign-funded enterprise's increase of its registered capital or modification of its business scope is beyond the approval power of the original approval authority, and after reporting to the superior approval authority, it obtains the official approval document and certificate of approval from the superior approval authority, it shall undergo the modification registration directly with the original registration authority. Where a foreign-funded enterprise in the FJFTZ subject to the recordation system falls under any circumstance similar to the aforesaid one, it shall undergo the modification registration directly with the original registration authority.
VIII. If the aforesaid registration authorities do not have the power to confirm and register foreign-funded enterprises, the empowered administrations at the next higher level shall conduct the registration administration.
For any discrepancies between this Notice and any provisions previously issued, this Notice shall prevail. All the empowered administrations, please report any new circumstances encountered in the implementation to the Foreign Investment Branch of the Administration for Industry and Commerce of Fujian Province in a timely manner. Contact person: Peng Wenwei; Tel: 0591-60397760 or 13960869088.
Administration for Industry and Commerce of Fujian Province
May 27, 2016