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Chinese-foreign equity joint venture. The parties to the venture shall
specify the capital contribution period in the contract and pay capital fully as
specified in the contract. The investment certificate issued by the enterprise
according to appropriate regulations should be filed with the original
examination and approval authorities and administrative department for industry
and commerce for record. If the capital contribution period is specified as
payment in the contract in lump sum, parties to the venture shall pay capital
fully within 6 months from the issuing date of the business license. If the
capital contribution period is specified in the contract as payment in
installments, the first payment of parties to the venture shall not be less than
15% of their respective subscription. And all capital should be paid within 3
months from the issuing date of the business license. In case the parties to
the venture fail to pay the capital within the contribution period, the
enterprise will be regarded as in automatic dissolution. The approval
certificate for equity joint ventures will be null and void automatically. The
equity joint venture shall cancel its registration with the administrative
department for industry and commerce and return its business license for
cancellation. In case the enterprise fails to cancel its registration and hand
in its business license for cancellation, the administrative department will
cancel the license and issue a public notice.
Chinese-foreign contractual joint venture. The Chinese and foreign parties
shall, in accordance with the provisions of the laws and regulations and the
agreements in the contractual joint venture contract, duly fulfill their
obligations of contributing full investment and providing the conditions for
operation. In case of failure to do so within the prescribed time, the
administrative department for industry and commerce shall set another time limit
for the fulfillment of such obligations; if such obligations are still not
fulfilled by the new time limit, the matter shall be handled by the examination
and approval authority and the administrative department for industry and
commerce according to relevant State regulations.
Foreign capital enterprises. The foreign investor's capital contribution
period shall be specified in the Application Letter and Articles of Foreign
Capital Enterprise.. Foreign investors may pay capital in installments, but the
last payment should be paid within 3 years from the issuing date of the business
license. And the first payment shall not be less than 15% of the total
subscription amount and shall be paid within 90 days from the issuing date of
the business license. If the foreign investor fails to make the first payment
in accordance with the regulations of the preceding paragraph, the approval
certificate for the equity joint venture will automatically be null and void.
The contractual joint venture shall cancel its registration with the
administrative department for industry and commerce and hand in its business
license for cancellation. In case the enterprise fail to cancel its registration
and hand in business license for cancellation, the administrative department
will cancel the license and issue a public notice. |
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