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New regulations of Resident Offices of Foreign Enterprises

"Regulations on Administration of Registration of Resident Offices of Foreign Enterprises" came into effect on March 1, 2011. At the same time, "Measures for Adminstration of Registration of Resident Offices of Foreign Enterprise" issued by the State Administration for Industry and Commerce of the People's Republic of China on March 5, 1983 (hereinafter referred to as the "Measures") have been abolished. The Regulations also apply to any proposed establishment of Resident Offices of Foreign Enterprises in Mainland China, Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan.

Compared with the previous "Measures", any proposed establishment of Resident Offices in Mainland China or Resident Offices which have been set up prior to 1st March 2011 have to pay special attention to the following provisions: -

Foreign Enterprises, including those from Hong Kong, Macao and Taiwan, must be set up for more than two years;
Foreign Enterprises can appoint up to four expatriates (including those from Hong Kong, Macao and Taiwan) as representatives of the Resident Offices, including one being the Chief Representative;
Resident Offices shall submit annual reports (commonly known as the "annual inspection") and audited financial accounts to the Registration Authorities between March 1 to June 30;
The resident period of a Resident Office shall not exceed the registration period of the Foreign Enterprise

If there are any questions or any assistance to the above is required, please contact call Ms. Joyce Zou at 86-755-25181860 or Ms. Lennie Lam at 852 34656999.

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