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Corporate Service - China

Question

Q&A Regarding the Administrative Regulations of the People’s Republic of China on the Registration of Market Entities (2)

Answer
Q:
What are the matters that need to be filed by market entities?
A:
1. Articles of Association or Partnership Agreement;
2. Operating period or partnership period;
3. The amount of capital contribution subscribed by the shareholders of the limited liability company or the promoters of the joint stock limited company. The amount of capital contribution subscribed or actually paid by the partners of the partnership enterprise, the time limit for payment and the method of capital contribution;
4. Company directors, supervisors, and senior executives;
5. Members of Farmers’ Professional Cooperative (Union);
6. Names of family members of individual business participating in the operation;
7. The registration liaison officer of market entities and the recipients of legal documents of foreign-invested enterprises;
8. Information about the beneficial owners of companies, partnerships and other market entities;
9. Other matters stipulated by laws and administrative regulations.

Q:
Can market entities register more than one name?
A:
The market entity can only register one name, and the name shall be declared independently by the applicant in accordance with the law.

Q:
Can market entities register multiple residences?
A:
The market entity can only register one residence or main business place.

Q:
What are the requirements for acting as the legal representative of the company?
A: Under any of the following circumstances, you may not act as the legal representative of the company or the non-company corporate legal person:
1.  No capacity for civil conduct or limited capacity for civil conduct;
2. Sentenced for corruption, bribery, embezzlement of property, misappropriation of property, or disrupting the order of the socialist market economy, and the execution period has not exceeded 5 years, or has been deprived of political rights due to a crime, and the execution period has not exceeded 5 years;
3. Acting as the legal representative, director or factory director or manager of the company or the non-corporate corporate legal person in bankruptcy liquidation, and personally liable for bankruptcy, it has not been more than 3 years since the completion of the bankruptcy liquidation;
4. Acting as the legal representative of the company or the non-company corporate legal person whose business license has been revoked or ordered to close due to violations of the law, and is personally liable, it has not been more than 3 years since the date of its Business License being revoked;
5. Larger debts borne by individuals have not been paid when they are due;
6. Other circumstances stipulated by laws and administrative regulations.

Q:
Which currency is used to express the registered capital of market entities?
A:
CNY (Chinese Yuan). However, in cases where laws, administrative regulations or decisions of the State Council provide otherwise, freely convertible currencies may also be used.

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