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Paper2.2(CHN)COMPANY LAW-CH9

发布时间:2006年09月20日| 作者:iaudit.cn| 来源:中国审计网| 点击数: |字体:    |    默认    |   

CHAPTER NINE BRANCHES OF FOREIGN COMPANIES

  Article 199 Foreign companies may set up their branches to engage in production and business operations inside China according to provisions of this law.

  The term "foreign companies" used by this law refers to companies incorporated outside the territory of China according to foreign laws.

  Article 200 In establishing a branch, a foreign company shall file an application with the Chinese department in charge and submit its articles of association, registration certificate issued by the country of register and other related documents. After the approval is given, the branch of the company shall go through the registration procedures according to law and obtain business license.

  The procedures for the examination and approval of branches of foreign companies shall be formulated separately by the State Council.

  Article 201 In establishing a branch in China, a foreign company shall appoint a representative or agent in charge of the branch in China and appropriate the necessary funds compatible with the operations of the branch.

  When it is necessary to set a minimum for the operation fund for a branch of a foreign company, it shall be provided for separately by the State Council.

  Article 202 A branch of a foreign company shall mark in its name the original country and form of its liability.

  A branch of a foreign company shall deposit a copy of the articles of association of the parent company in the branch.

  Article 203 Though a foreign company is a legal person of the said foreign country, its branch in China shall not enjoy the status of a legal person in China.

  A foreign company shall bear the civil responsibility for the operational activities of its branch in China.

  Article 204 In carrying out operational activities in China, a branch of a foreign company shall abide by the laws of China and shall not harm the public interests. The legitimate rights and interests of the branch shall be protected by law in China.

  Article 205 Before closing its branch in China, a foreign company shall clear the debts of the branch according to law and conduct liquidation according to the liquidation procedures provided for by this law. It is not allowed to more the assets of the branch out of China before the debts are fully paid.

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