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Q&A Regarding New Company Law of China (43)

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Q: Do branches of a foreign company need to prepare the articles of association of the foreign company?
A: The branch of a foreign company shall keep the articles of association of the foreign company in its office.

Q: Do branches of foreign companies have legal personality?
A: The branch of a foreign company established within the territory of the People's Republic of China do not have Chinese legal personality.

Q: Who is responsible for the branch of the foreign company?
A: A foreign company shall bear civil liability for the business activities of its branches within the territory of the People's Republic of China.

Q: What does a foreign company need to do when it cancels its domestic branch?
A: When a foreign company cancels its branch within the territory of the People's Republic of China, it shall pay off its debts in accordance with the law and carry out liquidation in accordance with the provisions of the Company Law on company liquidation procedures.

Q: When can a foreign company transfer its property back overseas when it cancels its domestic branch?
A: A branch of a foreign company may not transfer the property of the branch outside the People's Republic of China before paying off its debts.

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