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| Notice of the State Administration for Industry and Commerce and the Ministry of Public Security on Further Strengthening the Administration of Registration of Permanent Representative Offices of Foreign Enterprises | | 国家工商行政管理总局、公安部关于进一步加强外国企业常驻代表机构登记管理的通知 |
(No.4 [2010] of the State Administration for Industry and Commerce) | |
（工商外企字[2010]4号） |
The administrations for industry and commerce and public security departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government, the administrations for industry and commerce and market supervision administrations of all cities under separate state planning: | |
各省、自治区、直辖市工商行政管理局、公安厅（局），各计划单列市工商行政管理局、市场监督管理局： |
Since the reform and opening up of China, the permanent representative offices of foreign enterprises (hereinafter referred to as “representative offices”) have played a positive role in promoting the attraction of foreign investment and the social and economic development of our country. However, in recent years, there are a few representative offices in some regions, which changed registration particulars without authorization, obtained registration by submitting false certification documents and engaged in business activities in violation of regulations, and all these problems are prominent and have severely disturbed the administrative order of representative offices. To strengthen the administration of representative offices pursuant to law and effectively maintain the order of the market economy, we hereby put forward the relevant work requirements as follows: | |
改革开放以来，外国企业常驻代表机构（以下简称“代表机构”）为我国吸引外商投资和促进社会经济发展发挥了积极作用。但近年来，少数代表机构存在的擅自变更登记事项、提交虚假证明文件骗取登记、违规从事经营活动等问题在一些地方较为突出，严重损害了对代表机构的管理秩序。为依法加强对代表机构的管理，切实维护市场经济秩序，现就有关工作通知如下： |
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| I. Earnestly implementing the notarization and certification system and strengthening the examination of registration materials of representative offices | | 一、认真执行公证认证制度，加强对代表机构登记材料的审查 |
Registration departments of the administrations for industry and commerce at all localities shall strictly implement the system on the notarization and certification of overseas legal documents and strengthen the examination of application materials of representative offices for registration. Where a representative office is to be established or changes its name, a legal certificate of incorporation proving that its parent enterprise has been incorporated for more than two years and a certificate of creditworthiness issued by a financial institution which has business contact with the said enterprise shall be submitted, and the aforesaid certificates shall be notarized and certified by a notary office in the country or region where the said enterprise is located and the embassy or consulate of the People's Republic of China stationed in that country or region. Where a representative office of an enterprise in Hong Kong, Macao and Taiwan is to be established or changes its name, the required documents shall be submitted in accordance with the relevant existing provisions. Where a representative office applies for a renewal of its registration certificate, a certificate of good standing issued by the relevant department of the country or region where its parent enterprise is located shall be submitted.
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各地工商登记部门要严格执行境外法律文书公证认证制度，加强对代表机构登记申请材料的审查。代表机构在设立、变更名称时，应当提交隶属企业存续两年以上的合法开业证明、同该企业有业务往来的金融机构出具的资本信用证明，并经该国家或地区公证机关和中华人民共和国驻该国家或地区使领馆进行公证和认证。港澳台地区企业代表机构设立或者变更名称时，应当提交的文件按照现行相关规定办理。代表机构申请登记证延期时，应当提交隶属企业所在国家或者地区有关部门出具的企业存续证明。
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