Before a foreign company is allowed to establish a Representative Office in China, the relevant authorities will have to approve the request and the registration of the office has to be completed.
Relevant Authorities
The request for approval has to be made with different authorities depending on the type of company one wants to establish.
Some examples are:
Company concerning trade, commerce and manufacturing should apply with Ministry of Foreign Trade and Economic Cooperation (MOFTEC)
Company concerning finance or insurance should apply with People's Bank of China
Company concerning maritime transportation should apply with Ministry of Communications
Company concerning air transportation should apply with China Administration of Civil Aviation
Company concerning post and telecommunication should apply with Ministry of Information
Company concerning travel and tourism should apply with Tourist Bureau of the People's Republic of China
Company concerning advertising should apply with State Administration for Industry and Commerce
For a company of another trade than the ones mentioned above, the application should be filed with the governmental authority in charge of that specific industry. It is important to remember that this request cannot be made by the foreign company itself. It will have to appoint a local sponsor who will then file the request on behalf of the foreign company.
Necessary documents
When submitting the request for approval to the relevant authorities certain documents have to be attached. These differ depending on who the approval authority is but they usually consist of the following:
Application form for the establishment of a RO
This is a standard form issued by the approval authority which asks for basic information about the foreign company establishing the RO, as well as information about the RO itself.
Application letter for the establishment of a RO should contain the following information:
An introduction to the foreign company and its business activities in China, including the name, address, purpose, duration as well as business scope of the RO (It is very important that the business scope is filled in correctly because it will be stated in the Registration Certificate for the Representative Office. And a RO can only engage in business activities that are within the business scope as set forth in the Registration Certificate)
The following is a list of the documents being submitted
Application Form for the Employees of a RO
This form should contain the basic information of the employees like their names, nationalities, contact details and positions in the RO
The Appointment Letter for the Chief Representative
This letter must be printed on the letterhead paper of the company and has to be signed by an authorized representative of the company. It should clearly state the name of the person who will become chief representative of the RO
Resumes (These have to be signed by the person in question), photocopies of the passports as well as passport size photos of all the representatives, including the chief representative
Bank Creditworthiness Letter
This letter, printed on the letterhead paper of the bank, has to be issued by a foreign bank in the area where the foreign company is located and should be signed by authorized officials of the bank. It is needed to show that the applicant has financial and credit standing. The letter should contain the following information: