Notice of the China (Shanghai) Pilot Free Trade Zone on the Establishment of Branches of Foreign-Invested Partnerships

The English version is for reference only. If there is any inconsistency or conflict between the English and Chinese version, the Chinese version shall prevail.

I. Operation Basis

Law of the People’s Republic of China on Partnerships, Regulations of the PRC on the Administration of Registration of Partnership Enterprises, Administrative Provisions on the Registration of Foreign-Funded Partnership Enterprises, and Measures for Administration of the Establishment of Partnership Enterprises within the Territory of China by Foreign Enterprises or Individuals

II. Scope of Application

Registration for establishment of a branch of a foreign invested partnership

III. Required Materials

1. Application for Registration of Establishment of Branches by Foreign Invested Partnerships

2. Decision on establishment of branches as signed by all partners

The decision as made according to the Law of the People’s Republic of China on Partnerships, Regulations of the PRC on the Administration of Registration of Partnership Enterprises and Measures for Administration of the Establishment of Partnership Enterprises within the Territory of China by Foreign Enterprises or Individuals as well as the agreement for partnership enterprises, the contents of which shall be consistent with those applied.

3. Letter of Authorization of the person in charge of the branch as signed by all partners and the photocopy of the identity certificate

4. Certificate of operation place

For private real estate, the photocopy of the Real Estate Ownership Certificate shall be provided; for any leased house, the original of lease agreement with an effective term of at least one year and the photocopy of the Real Estate Ownership Certificate of the lessor shall be provided. If the photocopy of the Real Estate Ownership Certificate cannot be provided, the photocopy of the certificate of use of ownership evidencing the attribution of ownership shall be made available.

5. Photocopy of the Business License of the partnership enterprise affixing the seal of the partnership enterprise

6. Pre-approval documents or certificates

Copies of the approval documents or licenses or license certificates relating to pre-approval, which are applicable for foreign invested partnership companies having such projects that must be reported for approval before registration as specified by the laws and administrative regulations or as decided by the State Council

7. Other relevant documents

IV. Application Process

    The investors shall visit the official website of Shanghai Industrial and Commercial Administration, i.e. www.sgs.gov.cn or the “Investment and Handling Express in Pilot Area” at the portal website of “Shanghai - China”, and prepare relevant materials according to the applicable requirements, and submit the paper materials to the Investment Management Window of the Comprehensive Service Hall in the pilot area for the purpose of handling the change formalities. If materials are complete and in conformity with the legal form, after completion of handling, replace the Business License at the designated window.

V. Application Location and Contact Information

General Service Hall, 1/F, 9 Jilong Road, Pudong New Area, Shanghai

Post Code: 200131

Contact Tel.: 021-58698202

VI. Complaint Mode

Mode of Complaint to the Management Committee of the China (Shanghai) Pilot Free Trade Zone

Tel.: 021-58697800

Fax: 021-58698705

E-mail: ftzts@pudong.gov.cn

Provided by Lawyers Working Committee of Pudong New Area