Registration of alteration of resident representative office of foreign (region) enterprise

Writer:   |  Editor: Stephanie Yang  |  From: Market Supervision and Regulation Bureau of Shenzhen Municipality  |  Updated: 2022-05-13

Acceptance requirements

The materials submitted by an applicant should be complete and in line with statutory forms. Company registration authorities may reject an application if the particular(s) in question fails to comply with applicable laws or administrative regulations.

Processing procedures

Online processing procedure

1. Application and acceptance

The applicant shall make an application on the website of Guangdong Government Services, where a procedure number will be generated. The handling personnel will make a decision of whether to accept the application within three working days. If the applicant is eligible for application, and the application materials are complete, compliant with the relevant formal requirements and in line with statutory forms, the application will be accepted. If the applicant is not eligible for application, or the application materials are not complete or not in line with statutory forms, the application will not be accepted and a notice of rejection will be issued, whereby the applicant will be notified of all supplementations or corrections required.

2. Examination

The handling personnel will examine whether the application materials fit the formal and completeness requirements.

3. Approval

If the application materials are complete and in line with statutory forms, the handling personnel will make a decision of approval. If the application materials do not fit the relevant formal or completeness requirements, a decision of disapproval will be made. The procedure is required to be completed within one working day.

4. Conclusion

Conclusion comes after a decision of approval, in which case an administrative decision will be made and a notice of filing of alteration (or a modified registration certificate of resident representative office of foreign (region) enterprise, in case of any alteration to the information on the registration certificate of resident representative office of foreign (region) enterprise) will be produced.

5. Service

(1) The authorized person shall claim the notice of filing of alteration (or a modified registration certificate of resident representative office of foreign (region) enterprise, in case of any alteration to the information on the registration certificate of resident representative office of foreign (region) enterprise) by presenting a receipt of application. The staff will check the letter of authorization, the authorized person’s identity document, and the procedure number of the application before serving the notice of filing of alteration (or a modified registration certificate of resident representative office of foreign (region) enterprise, in case of any alteration to the information on the registration certificate of resident representative office of foreign (region) enterprise).

(2) Where delivery by express has been elected at the time of application, the staff will mail the notice of filing of alteration (or a modified registration certificate of resident representative office of foreign (region) enterprise, in case of any alteration to the information on the registration certificate of resident representative office of foreign (region) enterprise) to the address provided by the applicant.

Window processing procedure

1. Application and acceptance

The applicant shall make an online appointment for application on the website of Guangdong Government Services, where a procedure number will be generated. The applicant is required to take a number and submit the application materials at the service window at the appointed time. Where the application materials are complete and in line with statutory forms, the staff at the service window shall issue a written receipt of materials instantly. If the applicant is not eligible for application, or the application materials are not complete or not in line with statutory forms, the application will not be accepted and a notice of rejection will be issued instantly. In case of the application materials being incomplete and therefore requiring supplementation or correction, the staff shall notify the applicant of everything that requires to be supplemented or corrected all at once on the spot. The examination will resume after supplementations or corrections are made by the applicant pursuant to the relevant requirements.

2. Examination

The handling personnel will examine whether the application materials fit the formal and completeness requirements.

3. Approval

If the application materials are complete and in line with statutory forms, the handling personnel will make a decision of approval. If the application materials do not fit the relevant formal or completeness requirements, a decision of disapproval will be made. The procedure is required to be completed within one working day.

4. Conclusion

Conclusion comes after a decision of approval, in which case the handling personnel will write down the examination opinion on the hard-copy application materials and sign the same and a notice of filing of alteration (or a modified registration certificate of resident representative office of foreign (region) enterprise, in case of any alteration to the information on the registration certificate of resident representative office of foreign (region) enterprise) will be produced.

5. Service

(1) The authorized person shall claim the notice of filing of alteration (or a modified registration certificate of resident representative office of foreign (region) enterprise, in case of any alteration to the information on the registration certificate of resident representative office of foreign (region) enterprise) by presenting a receipt of application. The staff will check the letter of authorization, the authorized person’s identity document, and the procedure number of the application before serving the notice of filing of alteration (or a modified registration certificate of resident representative office of foreign (region) enterprise, in case of any alteration to the information on the registration certificate of resident representative office of foreign (region) enterprise).

(2) Where delivery by express has been elected at the time of application, the staff will mail the notice of filing of alteration (or a modified registration certificate of resident representative office of foreign (region) enterprise, in case of any alteration to the information on the registration certificate of resident representative office of foreign (region) enterprise) to the address provided by the applicant.

Inquiry and supervision

Inquiry

Hotline: (86-755) 12315, 88127595

Inquiry addresses: Administrative service halls in different districts, see the online map for details:http://amr.sz.gov.cn/zxbs/map/

Government Affairs Weibo: http://weibo.com/u/3096706037

WeChat ID: SZMQS_CN

Email: crcc@szaic.gov.cn

Correspondence add: Industrial, Commercial and Price Building, 7010 Shennan Boulevard, Shenzhen

Supervision

Complaint hotline: (86-755) 12345

Complaint addresses: Administrative service halls in different districts, see the online map for details: http://amr.sz.gov.cn/zxbs/map/

Email: crcc@szaic.gov.cn

Correspondence add: Industrial, Commercial and Price Building, 7010 Shennan Boulevard, Shenzhen

Service windows

Comprehensive Service Windows of Civic Center Administrative Service Hall

Add: Windows 8-20, 1/F, East Hall, Administrative Service Hall, Zone B, Civic Center, Fuzhong Road 3, Futian District, Shenzhen

Tel: (86-755) 88127595 (business registration)

Office hours: 9 a.m.-12 p.m.; 2-5:45 p.m., Monday to Friday (except national statutory holidays)

Buses: 38, 41, 60, 64, 107, 123, 232, 234, 235, 236, 374, 398, N9, E18, B686, K578, M390, Peak-time Bus 19, Civic Center Stop (市民中心站); 34, 38, 60, 64, 71, 76 interval, 235, 371, 373, 374, M347, M390, Peak-time Bus 4, Peak-time Bus 19, Civic Center East Stop (市民中心东站)

Metro: Line 2, Civic Center Station (市民中心站), Exit E; Line 3, Children’s Palace Station (少年宫站), Exit A1, A2, D; Line 4, Civic Center Station (市民中心站), Exit B or Children’s Palace Station (少年宫站), Exit A1, A2, D

License fee

Free of charge

FAQs

Q: What documents are required to be legalized for the extension of stay of a Hong Kong enterprise resident representative office?

A: Legitimate certifications in support of the Hong Kong enterprise’s operations (including relevant certificate of incorporation, business registration certificate, and annual return) and the latest bank reference.

Q:What should we do if the name of our foreign (region) enterprise resident representative office is changed from English to Chinese after certificate renewal and clashes with the name of another enterprise? How to deal with other administrative affairs (such as taxation) with our name which has been changed to Chinese? Will any certificate of change be issued?

A: A check of names in prevention of clashes would be conducted at the service window after a name is changed from English to Chinese following certificate renewal. A new certificate and a notice of filing of alteration will be issued, which can serve as certificates of change of the name.

Q: An annual business activities report of representative office signed by the chief representative is required when a foreign (region) enterprise resident representative office applies for extension of stay. If the former chief representative no longer works for the representative office, should the report be signed by the new chief representative or still the former chief representative?

A: In the case of application for extension of stay and for change of chief representative simultaneously, the report can be signed be the new chief representative, otherwise it shall be signed by the former chief representative. (Note: Starting from March 2011, an annual business activities report is no longer required for extension of stay of representative office.)

Q: What documents are required to be legalized for the change of duration of stay of a foreign (region) enterprise resident representative office?

A: Legitimate certifications in support of the foreign (region) enterprise’s operations and the latest bank reference.

Q: (1) When a Hong Kong enterprise resident representative office files for alteration registration, if the address on the business registration certificate is in English, should it be translated into Chinese? (2) What should be filled in for “enterprise form of liability?” Should “limited liability” or “unlimited liability” be filled in? (3) What should be filled in for “enterprise capital (assets)?” (4) Documents legalized by China-appointed attesting officers are required at the time of certificate renewal of a Hong Kong enterprise resident representative office. Who are China-appointed attesting officers?

A: (1) The address in English on the business registration certificate does not need to be translated into Chinese. (2) Companies in Hong Kong can be limited liability companies or unlimited liability companies. Based on the entity type of the Hong Kong enterprise in question, just directly fill in “limited company” or “unlimited company,” or further specify “private enterprise” or “partnership enterprise.” (3) The capital or assets, rather than the registered capital, of the company in question should be filled in. (4) In accordance with the Measures for the Administration of China-Appointed Attesting Officers (Hong Kong), China-appointed attesting officers are qualified Hong Kong lawyers who attest and certify acts, matters and documents of legal significance occurring in or emanating from Hong Kong and such attested documents are for use in civil or commercial activities by Hong Kong residents or enterprises on the Chinese mainland.

Q: If the resident representative office of a Macao enterprise in Shenzhen intends to change its chief representative to a Taiwanese, in which case the identity document of the new chief representative needs to be attested, but the notaries public in Macao state that for the new chief representative being a Taiwanese, they refrain from issuing any attesting document for the Mainland Travel Permit for Taiwan Residents issued by the public security authorities, what actions should then be taken?

A: Relevant appointment documents related to the new chief representative should be legalized. The new chief representative may have his/her identity document legalized in Taiwan, or may elect to use his/her passport (original submitted for verification, no legalization required) of which the customs exit and entry authorities have records as an identity document.

Q: What should we do to extend the registration certificate of foreign (region) enterprise resident representative office?

A: Prepare relevant materials as per the list of change matters for foreign (region) enterprise resident representative office and apply for extension at the Shenzhen Municipal Market and Quality Supervision Commission’s windows in the East Hall, Administrative Service Hall, Civic Center a month prior to the expiration of the certificate.

(Note: The text above is a translation of the Chinese version for reference only. In case of any discrepancy between the two versions, the original published Chinese version shall prevail.)