How to Establish a Representative office in China?

If a foreign, Hongkong, Taiwan or enterprise (referred to trading company, manufacturer, forwarding agent, contractor, consulting company, advertising company, holding company, and leasing company) intends to establish a representative office (a non-direct-operational institution representing its enterprise to engage in such activities as liaison services, marketing survey, product Introduction and technical exchange), it shall entrust Shanghai Foreign Investment Service Center (SFISC) or other sponsors authorized by the government authority according to the nature of its business to apply to the Shanghai Municipal Commission of Foreign Economic Relations and Trade. Once approved, the foreign enterprise shall register to ICAB of Shanghai with the Certificate of Approval.

Documentation for establishing a Representative office in China

Below is the documentation of foreign Representative Office establishment in China, Item (1)-(6) should be prepared

and certified by Chinese embassy before arriving in China:

Since January 15, 2010: According to State Administration of Industry and Commerce's file: Gong Shang Wai Qi [2010] No.4, To set up a Foreign Representative office in China: PARENT COMPANY must be established for more than 2 years:

(1) 1x Certificate of Incorporations or equivalent document certified by Chinese embassy or Chinese consulate overseas

(2)1x Copy of Articles of Association certified by Chinese embassy or Chinese consulate overseas

(3) 1x Letter of authorization from parent company's director (with Name and passport number) to authorize someone in China to sign the documents, certified by Chinese embassy or Chinese consulate overseas. 

(4) Letter of Authorized Signatory: Parent company's director (with Name and passport number) is the authorized signatory of that said company. This Letter of Authorized Signatory has to be certified by Chinese embassy/consulate.

(5) 1x Passport copy of proposed China Chief Representative and other Representative(s) certified by Chinese embassy or Chinese consulate overseas.

(6) 1x Appointment letter of China Chief Representative and other Representative(s) certified by Chinese embassy or Chinese consulate overseas.

(7) 1x Bank Reference Letter from investor's bank to declaring good standing and certified by Chinese embassy or Chinese consulate overseas. 

(8) A brief summary of the operations of parent company and the China Representative office 

(9) China Chief Representative documents: resume [-Sample-] ; 6 photos [2 inch size] ; passport copy.

(10) If there are Representatives to be stationed in China in addition to the Chief Representative, the resume, 2 pictures and passport copy of Representative(s) are required;

(11) Documents provided by landlord of office in China: 2x original leasing contracts of the office premise to be used by the Representative Office (lease term should be at least 12 months); 2x certificate of real estate ownership , and 2x landlord identification 

Please note that the State Administration of Industry and Commerce (SAIC) announced (January 15, 2010) that the parent company MUST be established for more than 2 years (Gong Shang Wai Qi [2010] No.4).

IN SHANGHAI:

The policy that Rep. office should be in Grade A building has been cancelled since March 1, 2011.

Registration and Post-registration Procedures

A. Pre-registration

Before commencement of registration procedures stated in Sections B and C stated below, all the documents and

information listed above must be ready.

B. Registration Procedure

The first step is to apply for registration with the local Administration for Industry and Commerce in Shanghai, Beijing, Shenzhen, Hangzhou or any other cities. Once the application is approved and the Business Registration Licence issued, the post-registration procedures listed in Section C need to be performed.

C. Post establishment Registration Procedures

Upon issuance of the Registration Certificate, we will then perform the post-establishment registration procedures, including:

1. Apply for Registration Certificate with State Administration of Industry and Commerce (SAIC)

2. Chops made by Public Security Bureau (PSB)

3. Apply for Organization Code License by Technical Supervision Bureau (TSB)

4. Register with Local Taxation Bureau

5. State Administration of Foreign Exchange registration(SAFE)

6. Open Foreign Currency and RMB bank account

7. Register with Statistical Bureau

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