The minimum requirements for a JV in Beijing are as follows:
The name of the company to be registered in Beijing must follow the format “Business Name + (Beijing) + Principal Business Activity + Limited” or “Business Name + Principal Business Activity + (Beijing) + Limited”.
The incorporation documents of a Chinese company, including documents confirming the ownership structure and identification documents of beneficial owners.
Legalized documents of a foreign shareholder:
1. If the foreign shareholder is a corporation:
2. If the foreign shareholder is a natural person:
The foreign investor’s document shall be legalised by the Chinese Embassy or Consulate in the country where the investor is resident or registered.
It is necessary to provide information and documents in order to prove the ownership structure of the shareholders and particulars of the ultimate beneficial owners in order for us to prepare the organisational chart of the Beijing JV.
The total amount of investment in the JV, including:
A tenancy/lease agreement for the office premises to be used by the proposed JV must be registered with the local estate leasing administration authority and the agreement shall clearly indicate the premises are for JV’s use only and the lease term shall not be less than 12 months.
A summary of the scope of business and the scale of business of the proposed JV, including its business model, locations of suppliers and customers, etc.
Please provide the name of the preferred bank and the designated branch at which the bank accounts of the JV are to be established. If there no preferences, we will suggest banks to choose from.
The investor will need to enter into a tenancy agreement in relation to the office space to be used by the JV for a term of not less than 12 months. The office must be located in a commercial building.
The registration process of a JV starts with name availability search with the Beijing Administration for Market Regulation (BAMR). If the search indicates that the preferred company name is available for registration, then the application for the reservation of the preferred name is filled with the BAMR.
Upon receipt of the approval for reservation of the preferred name of the JV, the application for Business Licence for the JV is filed with the BAMR. The BAMR will usually issue Business Licence within 5 working days after receiving all the required documentation.
Once the Business License is issued, the JV is deemed to be a legal person duly organised and existing under PRC law and will have full operational rights to do business in China within the scope of its Business License[2].
Application for approval for making of Office Stamp (Office Seal) from the Public Security Bureau and arranging the carving of the company seal and chops.
Application for registration with the Administration Bureau for Foreign Exchange.
Opening one capital account and one RMB basic account with a bank in Beijing.
The whole process of registration of a JV in Beijing takes 6 to 9 weeks, not including the time for preparing documents for incorporation and analyzing activities for having to apply for additional permits/licenses. It should however be noted that most of the procedures are subject to approval by the government departments and therefore some of the procedures may take longer than expected.
Services
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Fees (USD)
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Incorporation of JV in Beijing, including:
1. preparation of registration application documents[4]; 2. drafting of standard Articles of Association of the JV[5]; 3. performing name availability search; 4. application for approval of name; 5. application for business license[6]; 6. application for approval for making of Office Stamp (Office Seal) and carving of the company seal and chops and the personal chop of the legal representative; 7. setting up RMB basic bank account; 8. handling foreign direct investment registration; 9. setting up capital bank account; 10. government fees for the services above; 11. one courier shipment to China; 12. one courier shipment from China. |
from 7 500
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Compliance fee
Paid in case of: |
350 (standard rate, includes check of 1 individual)
+ 150 for each additional individual or legal entity if such legal entity is administered by GSL + 200 for each additional legal entity if such legal entity is not administered by GSL 450 (rate for high-risk companies, includes the check of 1 individual) 100 (signing of documents) |
[1] The final list of documents depends on the country of registration and persons in the structure; it will be provided after the structure of the JV is agreed.
[2] A detailed analysis of the JV’s activity is required in order to find out whether any other special licenses are needed to carry out the activity in/from the territory of China.
[3] The fees are valid as of July 2023.
[4] Not including the cost of preparation of documents for shareholders, directors and other persons in the company’s structure. Ordering of documents, legalization, translation into Chinese are paid for separately. The cost of preparation of a set of documents will be formed upon request after the final structure of the JV is agreed.
[5] If a non-standard Articles of Association are required, the drafting of amendments will be paid for separately and will be made on the basis of approved terms of reference.
[6] The fees do not include the services for obtaining of any special license or permit.