• Q&A AT ROUND-TABLE CONFERENCE

 

    What preparations need to be made before registering a limited liability company?

    Choose a suitable name, find a business location, identify shareholders, define business scope, determine the amount of registered capital, and designate a legal representative.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
    Is a company required to have a name upon registration?

    Yes. It is a legal requirement for a new company to have a nameupon registration in accordance with the Regulation of the People's Republic of China on the Registration of MarketEntities.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
    What are the requirements for naming a company?

    There are clear, elaborate, and specific requirements in the selection of a company name in the Provisions on the Adminis-tration of Enterprise Name Registration. For instance, the proposed company names must not damage national dignity or interest, undermine public interest and social order, or offend public order as well as good customs. Thus, all proposed names must undergo scrutiny by registration authorities.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
    How can people know whether their proposed company names be reviewed by the registration authority?

    Log into the website of the Shanghai Online Business Registra-tion platform (https://yct.sh.gov.cn/portal_yct/), which will automatically check the feasibility of the proposed company name in accordance with laws.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
    What information must company shareholders provide during registration?

    According to the Regulation of the People's Republic of China on the Registration of Market Entities, market entities must register with their real names. Thus applicants shall cooperate with registration agencies on the verification of ID information and fill in the name, ID number, capital contribution, and contribution dates of shareholders on the application forms.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
    How shareholders cooperate with registration authority to verify their identity information?

    In Shanghai, company registration is processed entirely on the website of the Shanghai Online Business Registration platform (https://yct.sh.gov.cn/portal_yct/). Shareholders and other relevant personnel must undergo the verification of their identity information via such digital methods as facial recognition and utilize electronic signatures in compliance with the Electronic Signature Law of the People's Republic of China.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
    Are there any contribution requirements for shareholders during company registration?

    According to the Company Law of the People's Republic of China,the registered capital of a limited liability company comprises the total contributions subscribed by all shareholders registered with the registration authorities. Upon company registration, domestic and international shareholders are entitled to subscribe their registered capital as stipulated in the articles of the enterprise constitution. There is no minimum requirement for the subscription of registered capital by shareholders.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
    Are companies required to submit their application materials to the registration authority when there are some changes concerning their business scope and other matters after their establishment?

    According to the Regulation of the People's Republic of China on the Registration of Market Entities, in matters where market entities modify their registration, they shall extend the application to the registration authorities for modification registration within 30 days after the modification resolution, decision, or statutory modification matter occurs.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
    Are there any requirements for the education or working experience of shareholders during company registration?

    No. Both natural and legal persons are eligible to invest in and set up companies when they meet legal requirements. During the registration process, they only need to submit the required documents per regulations (please find more information from registration document guidelines on the website of the Shanghai Online Business Registration platform). There's no need for shareholders to provide their educational or training certificates, proof of no criminal record, business plans, feasibility studies, financial plans, or other related documents.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
    Are there any restrictions on the number of companies, the amount of investment, and the distribution of revenues for international investors who want to establish their enterprises in China?

    No, there are no such limitations under Chinese laws and regulations.

    Source:Shanghai Municipal Administration for Market Regulation  Publish Date:2024-04-03 Original Link
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