(英文版)商务部关于外商投资举办投资性公司的规定.doc

Establishment of Companies with an Investment Nature by Foreign Investors Provisions 商务部令2004年第22号 商务部关于外商投资举办投资性公司的规定 （Promulgated by the Ministry of Commerce on 23 November 2004 and effective 30 days after the date of promulgation.） 颁布日期　实施日期　颁布单位：商务部 　　Article 1　In order to promote investment in China by foreign investors and attract foreign advanced technology and management expertise， foreign investors are permitted to establish companies with an investment nature in China in accordance with the relevant laws and regulations of China on foreign investment and these Provisions. 　　Article 2　For the purposes of these Provisions， the term “company with an investment nature” shall refer to a company established in China by a foreign investor either in the form of a wholly foreign-owned company or a joint venture in conjunction with a Chinese investor engaged in direct investments. The company shall take the form of a limited liability company. 　　Article 3　The application for the establishment of a company with an investment nature shall satisfy the following conditions： 　　1. （a） the foreign investor shall have good credit standing， financial capability necessary for the establishment of a company with an investment nature， a total asset value of no less than US$400 million in the year prior to the application， and the investor shall also have established foreign-invested enterprise（s） in China with a capital contribution of more than US$10 million of the registered capital actually paid in； or 　　（b） the foreign investor shall have good credit standing， the financial capability required for the establishment of a company with an investment nature； have already established 10 or more foreign-invested enterprises， with a capital contribution of more than US$30 million of the registered capital actually paid in； 　　2. where a company with an investment nature is established in the form of a joint venture， the Chinese investor shall have good credit st