Changes on the Requirement for the Foreign Invested Companies
The new Act was issued by the Ministry of Commerce named as MOC Act [2015] No. 2 on 28th Oct 2015. Some requirements for the foreign investment has been cancelled. Please see below main points.
Foreign invested company limited by shares |
l It is no longer to have RMB30 millions as the registered capital; l It is no longer to require the minimum equity for the foreign shareholder as 25%; l It is no longer to required the payment one-off the total registered capital within 90 days since the approval certificate is issued and before the AIC registration; |
Foreign investment company |
l It is no longer restricted to the limited liability company; Company limited by shares can also set up the foreign investment company; l The minimum registered capital requirement as USD30 million has been cancelled; l The requirement as the first installment of the registered capital should be paid and made capital verification before the application is cancelled; l The term requirement for the payment of registered capital no less than USD30 million within two years since the establishment and paid up within five years has been cancelled; |
Foreign invested VC investment company |
l The minimum registered capital requirements have been cancelled (USD10 million for non-legal entity; USD5 millions for corporation; USD 1 million for each shareholder); l The longest term for capital contribution as five years has been cancelled; l The minimum paid capital as USD10 million at the time of capital decreasing has been cancelled; |
Foreign invested commercial company |
It is no longer require the company pay up the total registered capital before the company can increase the commercial stores; |
Foreign invested leasing company |
It is no longer to have USD10 millions as the registered capital; |
Foreign invested forwarding company |
It is no longer to have USD1 millions as the registered capital; It is no longer required to operate 1 year and pay up the total registered capital before the branch can be set up; |
Wholesale and warehouse services for product oil |
It is no longer to have RMB30 millions for wholesale or RMB10 millions for warehouse services as the registered capital; |
Sale business and warehouse services for original oil |
It is no longer to have RMB100 millions for sale business or RMB50 millions for warehouse services as the registered capital; |
Foreign invested logistics company |
It is no longer to have USD5 millions as the registered capital; |
Commercial factoring |
It is no longer to have RMB50 millions as the registered capital; |
Auction company |
It is no longer to have RMB5 millions as the registered capital; |
Equity Investment for foreign invested company |
l The limitation for the registered capital should be totally paid up is cancelled; l The limitation for the accumulated equity investment cannot be more than 70% of the registered capital is cancelled; |
M&A or Separation for foreign invested company |
It is no longer required for paid up the total registered capital and have the capital verification before M&A or separation; |
Inbound reinvestment for foreign invested company |
l It is no longer required for paid up the total registered capital and have the capital verification before the reinvestment; l The limitation for the maximum for reinvestment should be no more than 50% of net assets is cancelled; |
Strategy investment for the listing company |
It is no longer to get the pre-approval from MOC before the foreign company can subscribe the directional issuance shares at CSRC; |
If you have any questions, please send the email to me.
Ms. Jojo Hu
TEL: 0086-21-68868335 ext 324 / FAX: 0086-21-68868021
Email: jojohu@shanghaiinvest.com