Mar. to Jun. 2015 China Bulletin

As a reminder, the annual filing for subsidiaries and representative offices in China must be submitted not later than June 30th.  Representative offices are still subject to inspection, but the inspection of companies in China, including foreign-invested enterprise subsidiaries (“FIEs”), was abolished in 2014.  FIEs no longer need to submit paper documents to the authorities, but still must complete an annual filing through designated government online systems.  Penalties for failing to file include a fine of RMB 10,000-30,000, and cancellation of registration for continued delay.

The new FIE filing includes:

  1.  Administration for Industry and Commerce (“AIC”) Annual Filing

According to the Provisional Regulations Concerning Enterprise Information Public Notice and related regulations, enterprises established in China, including FIEs, should file an annual report with the AIC through the online platform –“Public Notice System for Enterprise Credit Information” – before June 30th each year.

Also, any amendment to information about an FIE that is available through the “Public Notice System for Enterprise Credit Information” and has changed after October 1, 2014, should be publicized within 20 days following its occurrence, including a change of paid-in capital, subscribed registered capital or term for capital contribution.

Enterprises that fail to file an annual report as stipulated will be included in the “List of Abnormal Operations”, which is available to the public.

  2.  Joint Filing for Annual Operation of FIE

Templates for the FIE filings in English and Chinese are available on request at no charge.  We would also be delighted to prepare an information checklist and handle the filings in China on a cost efficient basis, if desired.

The form in English and Chinese for a representative office to file for the annual inspection, also due by June 30th, is also available upon request.

Questions?  Please contact Allan Marson at china.desk@ishimarulaw.com or +1 408-738-0592 #719 for a complimentary consultation.