(Source: https://pltfrm.com.cn)
When a parent company, typically based outside of China, is registering a business entity in China, such as a Wholly Foreign-Owned Enterprise (WFOE), there are several key documents that are typically required. These documents are necessary for the Chinese authorities to verify the legitimacy of the foreign company and its investment. Here’s a list of common documents required:
- Certificate of Incorporation or Equivalent:
- A certified copy of the company’s certificate of incorporation or registration in its home country. This document proves the legal existence of the company.
- Articles of Association or Memorandum of Association:
- A copy of the company’s articles or memorandum of association or equivalent document, detailing the company’s objectives, powers, and internal governance.
- Bank Reference Letter:
- A reference letter from the investor’s bank, indicating the investor’s good standing and financial credibility. This letter is typically required to be recent, usually issued within six months prior to the application.
- Parent Company’s Financial Statements:
- Recent financial statements of the parent company, which could include balance sheets, income statements, and auditor’s reports. These may need to be audited and sometimes notarized.
- Board Resolution or Decision on Investment:
- A resolution or decision by the parent company’s board of directors (or equivalent governing body) authorizing the establishment of the entity in China, specifying the investment amount, and appointing legal representatives and key managers.
- Legal Representative’s Identification Documents:
- A copy of the passport or other identification documents of the appointed legal representative of the new entity in China.
- Power of Attorney:
- If the registration process is being handled by another individual or an agency, a power of attorney may be required, authorizing them to act on behalf of the parent company.
- Feasibility Study Report (if required):
- For certain types of investments or industries, a feasibility study report outlining the business plan, market analysis, financial projections, etc., might be required.
- Lease Agreement in China:
- A lease agreement for the physical office space or business location in China. This document is essential to prove that the business has a place of operation.
- Other Industry-Specific Documents:
- Depending on the industry, additional documents may be required. For example, in manufacturing, environmental impact assessments might be necessary.
It’s important to note that all foreign documents must be translated into Chinese by a certified translator and may need to be notarized and legalized or apostilled, depending on China’s requirements and the country of origin’s legal framework. The process of legalizing documents involves getting them authenticated by the Chinese embassy or consulate in the country where the parent company is registered.
Given the complexities of the process and potential for changes in requirements, it’s advisable for foreign companies to work with experienced consultants or legal professionals in China who can provide up-to-date guidance and assistance with the business registration process.
PLTFRM is an international brand consulting agency that works with companies such as Red, Tiktok, Tmall, Baidu, and other well-known Chinese internet e-commerce platforms. We have been working with Chile Cherries for many years, reaching Chinese consumers in depth through different platforms and realizing that Chile Cherries exports in China account for 97% of the total exports in Asia. Contact us and we will help you find the best China e-commerce platform for you. Search pltfrm for a free consultation!
