(2) Documents required for applying for extension of resident representative offices


No. Name of documents Contents and requirements
1 An original of application for extension

Such application for extension shall contain the following contents:
1) The time of establishment of the resident representative office approved by the examination and approval authorities, the approving documents issued for the then year and the expiration date thereof.
2) Introduction of the resident representative office:
a. Name of the representative officeb.
b. Scope of business
c. Name of staff members of the representative office (the chief representative and representatives)
d. Business addresse.
e. Residence period (In general, the residence period of the resident representative office is one year, and maximum residence period of the resident representative office of foreign enterprise by one approval shall be not longer than three years. )

Notice:
1) Foreign enterprise shall submit to the examination and approval authorities the application for extension 60 days prior to the expiration.
2) If a foreign enterprise submits the application for extension within one month after the expiration date, such enterprise shall make a written explanation therefor; if such enterprise submits the application for extension more than one month after the expiration date, both the enterprise and the authorized agency shall make written explanation therefor; if the enterprise does so more than half a year after the expiration, its resident representative office must be established anew; if the enterprise does so more than one year after the expiration, its resident representative office shall be deemed to have been revoked automatically, and if such enterprise applies for re-establishment, it shall at first go through the formal revocation procedures (including procedures to be handled by industry and commerce administration and other authorities) before its application is accepted.
3) The application shall be printed on letter papers with the name of applying enterprise as the letter head.
4) The name of the receiver of the application shall be "The Department of Foreign Trade and Economic Cooperation of Guangdong Province".
5) The application shall be signed by the chairman of the board of directors or general manager of the applying enterprise and shall be stamped with the common seal of such enterprise.
2 A certificate of legal operation (one duplicate) 1) Such certificate shall be issued by the competent authority of the country where the enterprise is located.
2) Companies of limited liability from Hong Kong shall provide duplicates of "Certificate of Registration of Corporation" and valid "Certificate of Business Registration". Companies of unlimited liability shall provide duplicate of valid "Certificate of Business Registration."
3 An original of certificate of credit 1) Such certificate shall be issued by a bank which has business relations with the applying enterprise, and the certificate shall include contents such as the name of the applying enterprise, address of the enterprise, time of opening an account at the bank, registered capital, name of the chairman of the board of directors, amount of deposits, and circumstances concerning credit in business.
4 Letters of authorization for commissioning the chief representative and representative(s) of the resident representative office
(one original) 		1) Such letters of authorization shall be printed on letter papers with the name of the applying enterprise as the letter head.
2) Such letters of authorization shall be signed by the chairman of the board of directors or general manager of the applying enterprise and shall be stamped with the common seal of the enterprise.
3) If the chairman of the board of directors is appointed as the chief representative or representative, the letter of authorization shall be signed by no less than two members of the board of directors of the enterprise. In case there is no board of directors in the enterprise, relevant papers shall be signed by the executive director.
4) If Chinese are appointed as the chief representative or representative, the persons must have worked in such resident representative office or representative offices of the same enterprise elsewhere for more than two years during which such persons shall, in accordance with the relevant provisions, be registered with the local foreign affairs agency or labor agency which is admitted by government.
5 Resumes of the chief representative and representatives (one original for each respectively) 1) Such resumes shall be signed by the chief representative or representatives.
2) There shall be no break within the working experience in the resume.
3) Such resumes shall be printed on letter papers with the name of applying enterprise as the letter head.
6 One copy of identity cards of the chief representative and representatives, two 3.3-centimeter-size photos thereof 1) Copies of passports and visa pages of the chief representative and representatives shall be provided.
2) Taiwanese shall provide the certificate of Taiwanese compatriots and copies of their Taiwan ID cards.
3) Persons from Hong Kong and Macao shall provide copies of reentry permit or Hong Kong ID cards.
4) Persons with passports issued by China shall provide copies of passports and certificates for permanent residence abroad.
5) Chinese shall provide copies of ID cards and certificate of employment.
7 Introduction of investment and trade in mainland China 1) Copies of economic or trade agreements entered into by and between the applying enterprises and mainland China’s relevant departments or enterprises shall be submitted.
2) Such documents shall be used as reference when relevant authorities conduct examination and approval.
8 A copy of contract for leasing premises for the office 1) The resident representative offices shall be set up in hotels involving foreign interests, hotels, office buildings, or business occupancy.
2) If resident representative offices lease office building or business occupancy for a working site, they are required to submit copies of a valid lease, namely the "Lease of Premise (non-residence)" recognized by the relevant authority in charge of housing affairs, the title deed and the "Permit of Lease of Buildings (involving foreigners)" issued by the relevant authority in charge of housing affairs.
3) If the owner of the premises is a judicial entity licensed to deal in tenancy, the "Permit of Lease of Buildings" may not be submitted, but the copy of the business license of such entity shall be submitted.
4) If an applying enterprise buys premises for its resident representative office, it is required to submit copies of contract for purchasing premises or the title deed and the location of the premises shall be in line with the relevant provisions.
5) If the premises for a resident representative office are bought by a person at the level of directors or above of the applying enterprise and are offered to the resident representative office for free, the "Permit of Lease of Buildings" may not be submitted, but the applying enterprise shall submit the statement signed by such person and the applying enterprise shall testify to his or her identity in writing.
6) If the lease agreement is signed by an authorized employee of the applying enterprise on its behalf, the enterprise shall submit the letter of attorney and testify to his or her identity.
7) Before a resident representative office is ratified, any lease agreements signed in the name of such resident representative office shall not be recognized.
8) The statement that an organization or individual who has no relationship of membership or no interests with the applying enterprise offers premises to the enterprise free of charge shall be of no effect.
9 Completed Application Form for Establishment of Resident Representative Office of Enterprises from Hong Kong, Macao, Taiwan and Foreign Countries and completed Application Form for the Staff Members of Resident Representative Offices of Enterprises from Hong Kong, Macao, Taiwan and Foreign Counties 1) Such two forms are available at authorized agencies.
2) Such forms shall be filled in by applying enterprises faithfully in detail without leaving any item blank.
3) Resident representative offices shall have office facilities including telephone, fax and other equipment.
4) Applying enterprises shall tell its investment and trade in mainland China faithfully in such forms.


The examination and approval authorities shall have the right to require an applying enterprise to present notarial document in proof of the authenticity of those materials the enterprise submitted.

Where the above-mentioned materials are made in foreign languages, the Chinese text shall be attached thereto.

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