ATA CORPORATE FORMATION|Beijing Company Registration|COMPANY REGISTRATION|TRADEMARK REGISTRATION

1.How do I lease a house in China?
A foreigner may find a house in Beijing himself or through a real estate intermediary. However, due to your special status as a foreigner, you need to obtain a written consent of relevant authorities in Beijing before signing the contract. Therefore, once you have found a suitable house or apartment, you must ascertain first whether the property management unit concerned has the Certificate for House Leasing issued by Beijing Municipal Housing and Land Administration Bureau with the Foreign-related stamp on it. You can ask a local broker for help.go to www.askgrid.com for more.

2.how to do if I lost my passport？
1.If you lose your passport, you should report the loss to the consulate at once. (TEL: 86-10-6532-6775~6) 2. Report the loss to the security police. 3. The consulate will confirm your identity and report to you. 4. You will have a simple interview with the consulate, and you will be informed of a re issuance date. 5. Finally, your passport will be reissued. Required documents: An application for re issuance of your passport, 3 applications referring to your identity - Identification, 6 passport photos It is best to keep your passport in your pocket and use care in handling this document, as it can be very time consuming to have your passport reissued. The rise of crime in passport transactions makes their re issuance more and more difficult. Students with verifiable identification may be able to have their passports reissued in a shorter time. Even so, it usually takes 2 months! How do I get a China visa? Visas for leisure travel to China are quite easy to get, usually granted for a one month's stay. You can contact China National Tourist Office in New York or Los Angeles. Your travel agent or visa services can also help you, or it can also be obtained from Chinese embassies or consulates. In the North America, you can contact Chinese Embassies in Washington DC and Ottawa, or the Consulates in San Francisco, Los Angeles, or Chicago, Houston, New York, Vancouver, Toronto.

US citizens can stay in Hong Kong without a visa for up to 30 days. For other passport holders, please inquire with your nearest PRC embassies or consulates.

A tourist visa requires an application form, a passport-size photo and a fee depending on visa types. It takes about seven business days for an application to be processed. For Tibet, the Chinese Embassy must get approval from the Tibet Tourism Administration before issuing a visa.

3.What are the projects China encourages foreign investors to invest in?
A: In accordance with the provision of the "Guiding Directions for Foreign Investor to Invest", the projects China encourages foreign investors to invest in are listed as follows principally:
1. those that are categorized as advanced new technology for agriculture, agriculture integrated development, power, traffic transportation, and important raw materials;
2. those that are categorized as advanced new technology and appropriate technology which could improve performance of products and enterprise's economic and technological performance, or produce new equipment and new materials that domestic production capacity can not meet;
3. those that can improve and update the product's quality level and explore new market, or enhance the competence of the product in the international market, pursuant to the requirement of marketing;
4. those that are categorized as advanced new technology and new equipment which can save power and raw material, make comprehensive use of resource and renewable resource, prevent from and bring environmental pollution under control;
5. those that can give full play to the advantages of human resources and natural resources of the China western region, and accord with the state's industrial policies;
6. Those that are prescribed by other laws, administrative regulations, and measures.

4.How to set up a resident representative office? (Beijing)

A:Foreign traders, manufacturers, shipping agents, economic organizations and other groups shall report, according to their nature of the business, to the Ministry of Commerce (Mofcom) or other relevant ministries, committees or bureaus which are authorized for the examination and approval of the setup of resident offices. Proxy authorized by Mofcom will go through the examination and approval procedures for the above-mentioned companies. The business activities of the established institutions can only be in the range of business connection, products introduction, marketing, technology exchange and consulting service and etc. Direct business activities are prohibited.

Documents Required and Necessary Procedures
(1) Application for setting up the office: The application shall include background of the enterprise, business conditions, purpose of the office to be established, name of the office, person in charge, scope of business, location and operational term. Application shall be signed by the chairman or president of the enterprise together with the enterprise's seal. (original)
(2) A certificate of authorization to the representative accredited to the office issued by the chairman or president of the enterprise. (original)
(3) Copy of certificate of legal operation or copy of certificate of registration provided by the proper authorities of the country or region where the enterprise comes.
(4) Bank reference provided by the bank of the country or region where the enterprise comes: The bank reference, to be signed by the person in charge or business manager of the bank, shall state clearly the enterprise's registered capital and present amount of deposit, as well as the reputation of its flexing capitals after the opening of the account. (original)
(5) Resume of representative accredited to the office. The resume, including both educational and working background, should be detailed, specific and true. Disconnection is not allowed. Two photographs of each representative are required.
(6) Identification paper of the representatives. For representatives of foreign nationality, copy of passport of the country he holds should be submitted. For compatriots from Hong Kong and Macao, copy of certification for his returning to his hometown and permanent resident identification should be submitted. If a domestic personnel is to take the post of representative or chief representative, approval and identification from Beijing Foreign Enterprise Service Corporation (FESCO) are needed.

5.How to establish an equity joint venture in China?
Equity joint ventures are the second most common manner in which foreign companies enter the China market and the preferred manner for cooperation where the Chinese government and Chinese businesses are concerned. Joint ventures are usually established to exploit the market knowledge, preferential market treatment, and manufacturing capability of the Chinese side along with the technology, manufacturing know-how, and marketing experience of the foreign partner.

Normally operation of a joint venture is limited to a fixed period of time from thirty to fifty years. In some cases an unlimited period of operation can be approved, especially when the transfer of advanced technology is involved. Profit and risk sharing in a joint venture are proportionate to the equity of each partner in the joint venture, except in cases of a breach of the joint venture contract.

Share holdings in a joint venture are usually non-negotiable and cannot be transferred without approval from the Chinese government. Investors are restricted from withdrawing registered capital during the live of the joint venture contract. Regulations surrounding the transfer of shares with only the approval of the board of directors and without approval from government authorities will probably evolve over time as the size and number of international joint ventures grow.

There are specific requirements for the management structure of a joint venture but either party can hold the position as chairman of the board of directors. A minimum of 25% of the capital must be contributed by the foreign partner(s). There is no minimum investment for the Chinese partner(s).

It is preferable that foreign exchange accounts are balanced in order to remit profits abroad so that the repatriated foreign exchange is offset by exports from the joint venture. With the elimination of foreign exchange certificates and the further opening of the China market, this requirement is becoming more and more relaxed.

The permissible debt to equity ratio of a joint venture is regulated depending on the size of the joint venture. In situations where the sum of debt and equity is less than US$ 3 million, equity must constitute 70% of the total investment. In joint ventures where the sum of the debt and equity is more than US$ 3 million but less than US$ 10 million, equity must constitute at least half of the total investment. In cases where the sum of the debt and equity is more than US$ 10 million but less than US$ 30 million, 40% of the total investment must be in the form of equity. When the total investment exceeds US$ 30 million, at least a third of the sum of the debt and equity must be equity.

Equity can include cash, buildings, equipment, materials, intellectual property rights, and land-use rights but cannot include labor. The value of any equipment, materials, intellectual property rights, or land-use rights must be approved by government authorities before the joint venture can be approved.

After a joint venture is registered, the entity is considered a Chinese legal entity and must abide by all Chinese laws. As a Chinese legal entity, a joint venture is free to hire Chinese nationals without the interference from government employment industries as long as they abide by Chinese labor law. Joint ventures are also able to purchase land and build their own buildings, privileges prevented to representative office

6.How to set up a cooperative joint venture in China?
In a cooperative venture, the parties involved may operate as separate legal entities and bear liabilities independently rather than as a single entity. A cooperative venture may also be registered as a limited liability entity resembling an equity joint venture in operation, structure, and status as a Chinese legal entity.

There is no minimum foreign contribution required to initiate a cooperative venture, allowing a foreign company to take part in an enterprise where they preferred to remain a minor shareholder. The contributions made by the investors are not required to be expressed in a monetary value and can include excluded in the equity joint venture process can be contributed such as labor, resources, and services. Profits in a cooperative venture are divided according to the terms of the cooperative venture contract rather than by investment share, allowing a more flexible schedule for return on investment in cases where one investor provides cash while the other party's investment is primarily in kind.

Greater flexibility in the structuring of a cooperative venture is also permissible including the structure of the organization, management, and assets. There is no term for unlimited terms in cooperative ventures, but also no provisions for the term of the duration. The term of the cooperative venture contract may be renewed subject to the consent of the parties involved and approval from the examination and approval authorities. The foreign investor is permitted to withdraw their registered capital or a portion thereof from the cooperative venture during the duration of the cooperative venture contract.

Because of the unique privileges and added features offered to the foreign party in a cooperative venture, trade unions must be allowed to represent the employees in employment matters to protect the interests of the employees.

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