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Corporate Service - China

Question

Q&A Regarding Foreign-invested Enterprise (2)

Answer
Q:
Can foreign investors invest in all sectors?
A:
Foreign investors shall not invest in sectors prohibited from investment by the Negative List for Foreign Investment Access. Foreign investors shall meet the conditions specified in the Negative List when investing in the sectors restricted by the Negative List for Foreign Investment Access.

Q:
What does the Negative List for Foreign Investment Access refer to?
A:
The Negative List of Foreign Investment Access refers to the special access administrative measures prescribed by the state for foreign investment in specific sectors. The Negative List shall be issued or approved by the State Council.

Q:
Can the legal representative of a foreign-invested enterprise be Chinese?
A:
Sure, the legal representative of a foreign-invested enterprise has no nationality restriction.

Q:
What are the requirements for the subject qualification documents of foreign investors?
A: The qualification documents or identity certificates of foreign investors shall be notarized by the notary public of the country where they are located and authenticated by the Chinese embassy (consulate) in that country. If a foreign natural person invests in China to set up an enterprise, and the identity document submitted is the Foreigner's Permanent Residence Identity Card of the People's Republic of China, there is no need for notarization and certification. If the identity document submitted by a foreign natural person is a passport that has been obtained by the Chinese embassy (consulate) visa and confirmed by the Chinese exit-entry administration department for entry formalities, it does not need to be notarized after the original is verified.

Q:
What are the requirements for the capital contribution period of the registered capital of foreign-invested enterprises?
A: The registered capital (amount of capital contribution) and the capital contribution period by foreign-invested enterprises shall comply with the articles of association or agreements.

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