|
Financial Registration
Upon issuing of the business license, a foreign-invested enterprise
shall go to the local finance authorities for financial registration against
relevant documents. The provincial authority is the Department of Finance
of Guangdong Province. There are finance bureaus in the cities as well
as counties.
1. Registration upon Commencement of Business.
The foreign-invested enterprises shall apply to the financial authorities
for financial registration within 30 days after the industrial and commercial
registration and present the following documents:
(1) A photocopy of the approval of establishment;
(2) The enterprise's contract or agreement, articles of association, (duplicate)
and their respective approval documents;
(3) A photocopy/duplicate of the business license;
(4) The feasibility study and its approval document;
(5) Other relevant documents (e.g. leasing contract for land, factory
premises or equipment, certificate of investment in the forms of land
of patent right, other certificates for transfer of state assets or capital,
and regulations of financial administration, employment, and other regulations
of the enterprise). For the purpose of financial registration, the foreign-invested
enterprises shall fill out the Financial Registration Form for Foreign-invested
Enterprises in duplicate, one of which will be return to the enterprise
upon comment by the financial authorities. Upon registration, the financial
authorities shall provide relevant financial, accounting and other regulations
to the enterprises.
2. Change in Registration
In case of changes in name and location of a foreign-invested enterprise;
increase, decrease or transfer of capital, change of partners, business
scope, distribution patterns or percentages, extension of operation, and
change of board member, the foreign-invested enterprise shall report to
the financial authorities for such changes with 30 days after it completes
the change of industrial and commercial registration. In doing so, it
shall normally present the following documents:
(1) A duplicate of supplementary contracts/agreements for the foreign-invested
enterprise and the approval documents;
(2) A photocopy of the new business license issued by the administration
of industrial and commercial registration:
(3) Other relevant documents.
3. Cancellation of Registration
In the case of expiry or termination of a contract, the foreign-invested
enterprises shall go to the finance authorities for cancellation formalities
before they go through the cancellation of industrial and commercial registration,
and shall present the following documents:
(1) A report of liquidation committee on disposal of the assets, liabilities
and debts;
(2) Accounting statements for dissolution or liquidation, and a certificate
issued by a registered accountant after verification;
(3) A report on conclusion of liquidation and a report comments on disposal
of the accounting records;
(4) Financial Registration Form of Foreign-invested Enterprise to be returned.
The finance authorities will grant cancellation upon verification.
4. Assets verification and Account Examination
As stipulated by the Chinese-Foreign Joint Venture Enterprises Law of
PRC, the Chinese-Foreign Cooperative Venture Enterprises Law of PRC, and
the Wholly Foreign Invested Enterprises Law of PRC, and the relevant provisions
of implement, the foreign enterprises shall authorize accounting firms
and accountants registered in China to conduct assets verification and
account examination in the following procedures:
(1) Authorization
The enterprise may select an accounting firm established upon the State's
approval and conduct authorization formalities (for details please refer
to the accounting firm). Upon such authorization, the accounting firm
shall carry out assets verification and account examination within a specified
period of time and issue a report of verification and examination.
(2) Time Limit for Assets Verification and Account Examination
For assets verification, an equity joint venture should complete its assets
verification within 60 days of its establishment. For account examination,
an equity joint venture enterprise should complete its annual accounting
report and authorize a CPA to examine the account and produce a report
of the account examination within four months after the end of its fiscal
year.
(3) Documents for Verification and Examination purposes
(3.1) Verification
(3.1.1) Balance Sheet in the accounting statements
(3.1.2) Four kinds of materials (sheets), i.e. A. Balance Sheet of Investments;
B. Contributions Sheet; C. Investment List of Fixed Assets (equipment)
(refers to the part of investment that has been invested in purchase of
equipment); D. Raw Materials List (refers to the part of investment that
has been invested in the purchase of raw materials".)
(3.1.3) Approval document of the enterprise;
(3.1.4) The contract, articles of association of the enterprise;
(3.1.5) Business License.
(3.1.6) A written explanation of contributions made by parties to the
investment and minutes of the Board of Directors' meeting with regards
to investment matters
(3.1.7) Production Agreement (draft) (types and names of products)
(3.1.8) Purchase prices for equipment, parts and components that constitute
part of the investment; out of factory price list of the products; and
property appraisal list with signed approval by all parties and the agreement
documents;
(3.1.9) Property ownership certificate issued by relevant government authorities
and the attached drawing;
(3.1.10) Various accounting vouchers for receipt of investment, receipt
notification by the local bank of deposit and the statement of account;
(3.1.11) The Tax registration form
(3.1.12) Other documents for relevant matters.
The items (3.1.1) to (3.1.12) above can be filed into a catalogue (List
of Contributions) and relevant documents can be provided in photocopy.
(3.2) Examination of Annual Accounting Books and Accounting Statements
(3.2.1) Annual accounting statements (balance sheet, profit statement,
financial position statesmen, supporting statements and quarterly and
monthly accounting statements);
(3.2.2) Accounting items, accounting vouchers and accounting books;
(3.2.3) Approval document for enterprise establishment;
(3.2.4) The contract or agreement concluded between two or more parties
to the venture (with such items as: business scope, duration, profit distribution,
wage distribution, patent right, tax registration form, approval documents
for tax exemption period, percentages of after-tax reserve funds, welfare
funds and development funds, product distribution and pricing, etc.),
and minutes of the board meeting on these matters.
(3.2.5) The accounting regulations (implementing rules) designed by the
enterprise internal control system, limit on cost expenditures, criteria
for expenses, costing method, corporate organization, production management,
distribution channels, technical processes, and other relevant information
shall be provided to the registered accountant upon his arrival.
Items (3.2.3) and (3.2.4) shall be provided in photocopy.
(3.3) Liquidation
(3.3.1) The contract, articles of association, and approval document of
the enterprise;
(3.3.2) Government approval for the dissolution;
(3.3.3) A list of members on the dissolution and liquidation committee;
(3.3.4) Liquidation plans for property, goods, claims and liabilities
(including the computing base for property appraisal);
(3.3.5) Minutes of meetings of board of directors and liquidation committee
on liquidation matters;
(3.3.6) Balance sheet and property catalogue.
5. The foreign-invested enterprises shall pay price and other
subsidies, as well as site (land) use fee to competent finance authorities
according to relevant regulations of the State Council and finance authorities.
|