1. How to change the wrong English name in archival filing and registration of foreign trade dealer?
According to article nine of Measures for the Archival Filing and Registration of Foreign Trade Dealers of the MOFCOM, if any item in the registration form needs change, the foreign trade dealer should go through change procedure within 30 days based on provisions in the Measures for the Archival Filing and Registration of Foreign Trade Dealers. Once the change procedure is overdue, the archival filing and registration form will be automatically void.
2. We want to change the name of the exposition sponsored by our unit to international exposition. Where shall we apply for such alteration?
The foreign economic and technical exposition titled with the term of “China” hosted by local units shall be submitted for approval of the MOFCOM by local competent commercial department.
Information for reference:
An applicant shall submit its application materials to the Department of Foreign Trade through administrative service center and the Department of Foreign Trade will examine the completeness of materials, accepting them if they are complete or returning to the administrative service center. The latter will notify the applicant to supplement its materials. See the “Licensing System for Holding Foreign Economic and Technical Exposition in China” in the website of the MOFCOM for details.
3. Whether the approval of the MOFCOM is required for the entire change of a Sino-foreign joint venture of limited liabilities to a company limited by shares? If required, whether the application of such approval shall take the way of promotion?
The applicant of the foreign-invested company limited by shares to be established shall submit such documents as the application form, research report of feasibility and assets appraisal statement to the competent authority of the province, autonomous region, municipality directly under the Central Government or separately planning city where it is located. The aforesaid documents will be submitted to the foreign trade and economic relationship bureau of the province, autonomous region, municipality directly under the Central Government or separately planning city by the competent authority after examination and approval. The initiator may officially sign the agreements on establishment of the company and the articles of association after approval of aforesaid documents by the competent commercial department of the province, autonomous region, municipality directly under Central Government or separately planning city.
After such examination and approval, the above-mentioned documents shall also be submitted to the MOFCOM for approval. For details, please refer to the Interim Provisions on Some Issues concerning Establishment of Foreign-invested Company Limited by Shares (Decree of the Ministry of Foreign Trade and Economic Cooperation  No. 1).
4. The certificate of approval by the Ministry of Commerce is issued in 2005 and now the registered place needs to be changed, which department should I consult with? What are the specific procedures?
In accordance with the related stipulations of specific regulations and rules of the Implementing Regulations of the Law of The People’s Republic of China on Chinese-foreign Equity Joint Ventures and the Implementing Rules of the Law of the People’s Republic of China on Chinese-foreign Equity Joint Ventures and the Implementing Rules of the Law of the People’s Republic of China on Wholly Foreign-Owned Enterprises, the wholly foreign-owned enterprise which plans to change should submit to the original department for examination and approval the application (including enclosed lists: application for administrative licensing items, power of attorney for handling administrative licensing items), the duplicates of the certificate of approval, duplicate of the business license and the related materials submitted for approval, mainly including: board resolution, amending agreement of the contract, agreement on amendments to the articles of association, etc.)
5. The MOFCOM approved our application and issued the Foreign-invested Enterprise Approval Certificate to our company. Due to business reasons, we have to add an item of “fight course maintenance” (for which, the license has been obtained from the Civil Aviation Administration of China) in the original “business scope”.
With respect to the addition of business scope, a foreign-invested enterprise shall submit the application, copy of the approval license, copy of its business license, decisions of the board of directors, the agreement on amendment of contract and the agreement on revision of the articles of associations as provided in the Regulations for Implementation of the Law on Sino-Foreign Joint Venture Enterprise, the Detailed Rules for the Implementation of the Law on Sino-Foreign Contractual Joint Venture Enterprise and the Detailed Rules for Implementation of the Law on Foreign-invested Enterprises as well as the relevant special regulations and provisions to the original handling departments and go through the relevant procedures there.
6. We are a foreign-invested company and we have to change our legal representative. Is approval certificate required for such change or not? If yes, which department shall we contact and what materials shall be provided?
For alteration of the legal representative, a foreign-invested company shall submit the application, copy of the approval certificate, copy of the business license, the decision of the board of directors, the agreement on revision of the contract and the agreement on revision of the articles of association according to the Regulations for the Implementation of the Law on Sino-Foreign Equity Joint Ventures and the Detailed Rules for the Implementation of the Law on Sino-Foreign Contractual Joint Ventures, the Detailed Rules for the Implementation of the Law on Foreign-invested Enterprises and the relevant special laws and regulations, and go through the procedures with the original acceptance organ.
7. What materials shall be submitted if the branch of a foreign-invested enterprise is to be cancelled?
The foreign-invested enterprise shall file a cancellation application indicating the reason with the photocopies of the resolution of the board of directors, the original approval certificate, the articles of association and the industrial and commercial business license attached to handle in the local commercial department. Please consult with the local commercial department where there is vagueness.
8. What materials are needed for foreign-funded enterprises to increase capital? Where to handle?
For foreign-funded enterprise adjusting registered capital, please submit the examination and approval materials to the former approval organ for direct examination and approval in according to the provisions including the Circular of the Ministry of Foreign Trade and Economic Cooperation, and the State Administration of Industry and Commerce on Relevant Provisions and Procedures for Foreign Investment Enterprises to Adjust Total Investment and Registered Capital (Wai Jing Mao Fa  No. 366) and the Notice on printing and distributing the Provisions on the Alteration of Investors’ equity in Foreign Investment Enterprises.
9. A foreign-invested enterprise in our city fails to conduct business or participate in annual inspection for two years for the sake of investors with the business license revoked, and the enterprise plans to resume business presently after contradictions are tackled but the industrial and commercial sector insists on only being cancelled after the business license is revoked, is that so?
In accordance with the Measures for the Annual Inspection of Enterprises, an enterprise shall not conduct business after its business license has been revoked. The enterprise shall file an application to the departments of commerce and industry and commerce if it plans to resume business.