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    The Company Law

(January 1, 2006)The Company Law of the People's Republic of China:Chapter XI Branches of Foreign Companies

2013-07-11 17:00:17 Release Author: Read Flow:3239次
          Article 192 The term "foreign company" as mentioned in this Law refers to a company established outside of the territoryofChinaaccording to any foreign law.

 Article193 A foreign company, which plans to establish any branch within theterritoryofChina, shall submit an application with the competent authority ofChina, and shall submit relevant documents such as the articles of incorporation, the company registration certificate as issued by the country of incorporation and etc.. Upon the approval, it shall go through registration with the company registration authority according to law and obtain a business license.

The measures for the examination and approval of the branches of foreign companies shall be formulated by the State Council in addition.

 Article 194 Where a foreign company establishes any branch within the territory of China, it must appoint a representative or an agent within the territory of China to take charge of the branch, and shall allocate to the branch corresponding funds for the business activities it is engaged in.

 Article 195 The branch of any foreign company shall indicate in its name, the nationality and the form of liability of the foreign company concerned.

The branch of a foreign company shall keep the articles of corporation of the foreign company at its own place.

 Article 196 The branch of a foreign company established within theterritoryofChinadoes not have the status of a legal person.

The foreign company shall bear civil liabilities for the business operation of its branches undertaken within theterritoryofChina.

 Article 197 The branches of foreign companies which are established upon approval shall accord with the laws ofChinawhen undertaking their business activities within theterritoryofChina, and may not injure the social public interests ofChina, and the lawful rights and interests thereof shall be protected by Chinese law.

 Article 198 Where a foreign company relinquishes any of its branches within the territory of China, it shall clear off the debts thereof according to law, and shall carry out a liquidation in accordance with the provisions of this Law on the procedures for the liquidation of companies. Before the debts are cleared off, it may not transfer any of the properties of the branch out ofChina.

 

 

 


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