The process of establishing a foreign-funded enterprise
Establishment of a foreign-invested enterprise refers to the legal act of foreign investors establishing wholly foreign-owned enterprises or joint ventures in China in accordance with the law.
This process applies to foreign companies, startup projects, or investment plans intending to conduct business activities within China.
Through standardized registration and approval procedures, enterprises can obtain legal operating qualifications and enjoy relevant policy protections.
1. Clarify the enterprise form: Wholly Foreign-Owned Enterprise (WOFE) or Joint Venture.
2. Log in to the State Administration for Market Regulation (SAMR) system or visit the local Administration for Industry and Commerce to apply for name pre-approval.
3. Submit a name application, typically requiring 3–5 alternative name options.
4. Obtain the "Notice of Pre-Approval of Enterprise Name."
1. Prepare the company articles of association and investor identity documents.
2. Submit the foreign-invested enterprise establishment application to the Ministry of Commerce of China or the local commerce authorities (Commerce Department).
3. Submit project investment approval or filing materials, including investment proportions, business scope, and registered capital.
4. Await approval, usually taking 1–2 months, depending on the region and project type.
1. After approval, submit an industrial and commercial registration application to the local Administration for Market Regulation.
2. Submit the "Application Form for Enterprise Establishment Registration," articles of association, shareholders' meeting resolutions, proof of address usage, and other required documents.
3. Obtain the "Business License," which serves as the basic proof of the enterprise's legal operation.
1. Go to a seal-engraving facility designated by the public security authorities to engrave the official company seal, financial seal, legal representative seal, etc.
2. Open a basic corporate bank account and complete verification of paid-up capital (if required).
3. Register with the tax authorities to obtain a tax registration certificate or tax information confirmation.
4. Complete social insurance registration and any additional permits required for specific industries (such as food, medical, etc.).
- Investor identity proof (passport, visa)
- Application form for enterprise name pre-approval and alternative name options
- Articles of association (including equity structure and business scope)
- Investment agreement or shareholders' agreement
- Resolutions of the board of directors and shareholders' meeting
- Proof of registered capital verification (if applicable)
- Proof of enterprise address usage (lease agreement or property ownership certificate)
- Specialized approval documents required by industry regulatory authorities (e.g., food business license)
Strict name approvalThe Chinese name and business scope must align with actual operations, avoiding duplication or sensitive terms.
Investment ratio restrictionsCertain industries impose limits on foreign equity ratios; verify the Ministry of Commerce’s Negative List for Foreign Investment in advance.
Registered capital requirementsThe minimum registered capital is determined according to industry regulations, and some sectors require verification of paid-in funds.
Approval timelinesApproval times vary by location; preparing complete and compliant documentation can expedite the process.
Tax complianceEnterprises must promptly complete tax registration and invoice applications after establishment to avoid penalties.
Industry licensesFor certain industries, related industry permits must be obtained only after completing industrial and commercial registration; otherwise, lawful operation is not permitted.