Establish Wholly Foreign Owned Enterprise (WFOE)

FOE have in recent years become the most popular investment vehicle in China. This option allows you to the maximum level of control over your business in China. It gives you a higher level of control over proprietary technology or methodology used in your manufacturing and allows you to control quality and production. You will be able to bring in management personnel from your parent company to oversee the operation.

The process requires careful planning and often involves a significant capital investment.

  • Approval Authorities

  • Application

  • Documents required for application

  • Post-establishment registration procedure

  • Time required

  • Annual Examination

  • Audit & Accounting
  • 1. Approval Authorities

    Shanghai Foreign Investment Commission (SFIC), which has delegated its approval authority to the following bodies, Administration Commission of Pudong New Area, Administrative Committee of Waigaoqiao Free Trade Zone, People's government at district or county level and the relevant industrial bureaus is the authorized body to approve investment projects in Shanghai.

    2. Application

      Application for approval of intended investment activities (project proposal)
      Application for intended name to be used by the WFOE with the Shanghai Administrative Bureau for Industry & Commerce
      Application for the approval feasibility study, constitution (memorandum and articles of association)
      Registration with the Administration for Industry & Commerce

    3. Documents required for application

      Form for Establishing Wholly Owned Foreign Enterprise
      An application duly signed by the chairman of the board or general manager of the foreign enterprise with the following details, name of WFOE, name of the legal representative, scope of business, duration and address, etc.
      Statutory documents of the parent company issued by the authorities of the country or region of origin
      A letter issued by a bank which has business relations with the applicant cerifiying its financial and credit standing
    A flexibility report
    Leasing agreement of the office premises


    4. Post-establishment registration procedure

  • Opening of bank accounts

  • Application of Enterprise code

  • Preparation of statutory stationery, including company chops

  • Registration with the State & Local Tax Bureau

  • Registration with the State Statistics Bureau

  • Registration with the Customs office
  • 5. Time required

    It normally takes 60 days from receiving instructions and full particulars and necessary documents form the applicant to issue the Approval Certificate. Thereafter, the post-establishment registration procedures takes about 60 days

    6. Annual Examination

    Annual examination is a system that is peculiar to corporations in China. The Shanghai Administrative Bureau for Industry & Commerce, together with other departments concerned are authorized by law to conduct an annual examination of the enterprise. In brief, the objective of the examination is to investigate whether the enterprise abides to the laws, regulations and the conditions for granting its licenses.
    The annual examination will be conducted from January to May every year. Those enterprises unable to fulfill the requirements of the annual examination may have their business licenses revoked

    7. Audit & Accounting

    Accounting records are required to be kept in Chinese or Chinese with English. Annual audit by a local auditor is required. AC Business Consulting offer full accounting service for your company, for more detail, please refer to our Accounting Service Page.

     
     
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