Business-starting Investment Enterprises
BIZCHINA / Company laws
Provisions Concerning the Administration of Foreign-funded
Business-starting Investment Enterprises
Updated: 2006-04-17 10:37
Article46 In the registered capital of the enterprise invested by an
FBIE, if the proportion of the actual contributions paid in by a foreign
investor or the proportion of the total contributions paid in by the
foreign investors in the proportion of the FBIE is not less than 25%, the
invested enterprise is entitled to enjoy relevant preferential treatments
granted to foreign-invested enterprises. If the said proportion is less
than 25 %, the invested enterprise shall not enjoy relevant preferential
treatments granted to foreign-invested enterprises.
Article47 Where an already established domestically-funded enterprise
with domestic investor (s) of natural person may continue to keep their
status of shareholder(s) after this enterprise has accepted the
investments of an FBIE and has changed into a foreign-invested enterprise.
Article48 Where the person-in-charge of the administrative department of
a business-starting investment enterprise or the person-in-charge of the
investment management enterprise has illegal practices, he shall be held
responsible. If the circumstances are serious, the FIBE shall not
continue to engage in business-starting investments and relevant
activities of investment management.
Chapter VIII Supplementary Provisions
Article49 The present Provisions shall be applicable to the FBIEs to be
established in the mainland by the investors from the Hong Kong Special
Administrative Region, Macao Special Administrative Region and Taiwan
Region.
Article50 The power to interpret the present Provisions shall remain with
the Ministry of Foreign Trade and Economic Cooperation, the Ministry of
Science and Technology, the State Administration for Industry and
Commerce, the State Administration of Taxation and the State
administration of Foreign Exchange.
Article51 The present Provisions shall enter into force as of March 1,
2003. The Interim Provisions on the Establishment of Foreign-Funded
Business-starting Investment Enterprises promulgated by the Ministry of
Foreign Trade and Economic Cooperation, the Ministry of Science and
Technology and the State Administration for Industry and Commerce on
August 28, 2001 shall be abolished on the same day.
Promulgated by The Ministry of Foreign Trade and Economic Cooperation,
the Ministry of Science and Technology, the State Administration for
Industry and Commerce, the State Administration of Taxation, the State
Administration of Foreign Exchange on 2003-1-30
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