Foreign Representative Offices Registration Administration Circular - 国家工商行政管理总局、公安部关于进一步加强外国企业常驻代表机构登记管理的通知
Released and effective on January 15, 2010
On January, 15, 2010, the State Administration of Industry and Commerce (SAIC) and Ministry of Public Security (MPS) jointly publicized a circular to reinforce certain issues in the registration process for Representative office ("Rep office") of foreign enterprises.
· Carrying out the Notarization and Legalization System to Strengthen the Examination of the Rep office Registration Materials
To apply for establishment or name change, the Rep office shall submit to the competent authorities the materials proving its subordinated enterprise has been lawfully established for at least two consecutive years, the letter of creditworthiness issued by the financial institutions that has a business relationship with the foreign enterprise and these materials also shall be notarized and legalized by the notarization institution in the country or the region and those where PRC embassy & consulate are stationed.
· Unifying the Effective Period of the Registration Certificate
The local Administration of Industry and Commerce (AICs) are required to strictly implement the provisions in the Registration Administrative Measures of Resident Rep office of Foreign Enterprise and shall issue the uniform registration certificate with a one-year effective period upon application of establishment and extension by the Rep office.
· Strictly Controlling the Number of Representatives
This Circular specified that a Rep office shall not exceed four representative persons (including the Chief Representative). If the Rep offices have exceeded four representative persons, they are allowed to deregister their representatives and disallow an increase in new representatives.
· Reinforcing the Supervision and Interdepartmental Co-operation
The Circular requires the local AICs to investigate the registration issues of the newly-established Rep office within three months after the Registration Certificate is obtained, and work closely with Public Security Bureaus and evoke cases that are under each other's jurisdiction.
>> Read the Advisory on Foreign Representative Offices Registration Administration.