Home Knowledge China Local Information Beijing Setting up a Representative Office (RO) in Beijing, China
1. Features of Permanent
Representative Offices
(1) Legal Status of a Permanent Representative Office
The Permanent Representative Office (also known as Resident Representative Office) of a foreign enterprise refers to a non-legal entity established in China to engage in non-profit activities related to the business of the foreign enterprise which is a profit-making organization established outside China (including those established in Hong Kong, Macao and Taiwan) in accordance with the laws of a foreign country or jurisdiction.
The Permanent Representative Office of a foreign enterprise shall not engage in profit-making activities, issuing invoices on its own, remitting outward, signing sales or purchase contracts, or receiving income from services rendered but may act as a liaison and promotion office for its headquarter.
(2) Name of a Permanent Representative Office
The name of the Permanent Representative Office of a foreign enterprise should be in the form of “name of the Foreign Enterprise + Beijing + Representative Office”.
For example, USA New York LLC Beijing Representative Office.
(3) Beijing Representative Office Address
Before submitting the registration documents to the Beijing Administration for Market Regulation, it is required that the office premise to be used by the Permanent Representative Office is leased and a tenancy agreement is concluded. The tenancy agreement could be executed by the Chief Representative of the Permanent Representative Office or the director of the foreign enterprise applying to set up the Permanent Representative Office.
2.
Documents Required for Registration of a Permanent Representative Office
The foreign enterprise applying to set up the Permanent Representative Office is responsible for the preparation of the following information and documents:
(1) One set of legalised (by Chinese Embassy or Consulate) Address Proof and Business Registration Certificate/Certificate of Incorporation of its existence for more than two years of the foreign enterprise
(2) One original copy of legalised (by Chinese Embassy or Consulate) banker’s reference letter of the foreign enterprise issued in the name of the applicant company and addressed to Beijing Administration for Market Regulation
(3) One set of legalised (by Chinese Embassy or Consulate) Articles of Association of the foreign enterprise
(4) One original copy of legalised (by Chinese Embassy or Consulate) the power of attorney issued by the foreign enterprise (the power of attorney shall indicate the name, the passport No. and the signature sample of the authorized signer)
(5) One original copy of legalised (by Chinese Embassy or Consulate) passport of the authorized signer
(6) One original copy of legalised (by Chinese Embassy or Consulate) letter of appointment of the chief representative/representative
(7) One original copy of legalised (by Chinese Embassy or Consulate) passport of the chief representative/representative
(8) A brief description of the operations and business model of the foreign enterprise, such as name, the principal business activities, registered address, contact phone number
(9) A copy of resume, three pieces of picture, photocopy of passport and contact number of the chief representative/ representative and the address where the chief representative will be staying while she/he is in China.
(10) If the chief representative/representative is a Chinese citizen, please provide the letter of dispatchment issued by Beijing Foreign Affairs Service Agency
(11) The original tenancy agreement (lease agreement) of the office premise to be used by the representative office; the lease term should not be less than 12 months.
(12) A copy of Property
Ownership Certificate signed or sealed by the property owner.
3.
Permanent Representative Office Registration and Post-registration Procedures
The procedures for registration of a Permanent Representative Office in Beijing can be summarised into two steps:
(1) Application for Registration Certificate
The first step is to apply for registration with Beijing Administration for Market Regulation; and once Registration Certificate is issued, the post-registration procedures as listed in Step 2 below then need to be performed.
(2) Post-registration Procedures
Upon the issuance of Registration Certificate of the Permanent Representative Office, we will then perform the post-registration procedures, including:
(a) Engraving of representative office chops
(b) Confirmation of tax registration information
(c) Application for opening RMB basic account.
(3) Optional Procedures
(a) Application for foreigner’s Work Permit for chief representative/representative
(b) Application for work-type
Residence Permit
4.
Time Frame
Step
Description
Working Days
1
Preparation of registration documents
3
2
Application for Registration Certificate of the Permanent Representative Office
5
3
Engraving of representative office chops
1
4
Confirmation of tax registration information
1
5
Application for opening RMB basic account
5
15 Working Days
6
Application for foreigner’s Work Permit for chief representative/representative
20
7
Application for work-type Residence Permit.
7
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