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China Representative Office Registration

Updated:2018-3-1 11:44:46    Source:www.tannet-group.comViews:187

Setting Up a Foreign NGO as an RO in China
Hotline: 86-755-82143422

China’s Ministry of Public Security published a guide for overseas non-government organizations (NGOs) seeking to establish a representative office (RO) in the country on November 28, 2016. For foreign NGOs currently operating in or looking to establish an RO in China, it is essential to understand the new procedures and requirements outlined by the government.

Criteria for establishing an RO
Under the Overseas Non-Governmental Organization (NGO) Law, a foreign NGO must meet the following criteria in order to establish an RO in China:

(1) It must be able to undertake civil liability independently, meaning that in the case of a lawsuit, it must be able to pay damages or other court-enforced payments.
(2) It must have been established for a minimum of two years before submitting an application to set up an RO in China, and it is required to function substantively.
(3) It is a legal entity in its home country.
(4) It must have clear objectives, and a business scope that can benefit community projects and development in China. Encouraged fields for foreign NGOs include sport, culture, health, technology, economy, education, and environmental protection.

Procedures for application
Once a foreign NGO has concluded that it meets the criteria for establishing an RO in China, it can reach out and apply to the local civil affairs bureau, who will govern the establishment of the RO.

If the authorities conclude that the NGO meets all necessary criteria, the NGO will next need to submit its application documents and materials to the Overseas NGO Administration Office of the Public Security Department of the Provincial People’s Government (hereafter called the registration and administration authority) in the location where they propose to establish an RO.

Once a foreign NGO has submitted its application for establishing an RO in China, the registration and administration authority will review the application. If necessary, the authority may call in experts to assess the application in order to come to a final decision.

If the application is approved by the registration and administration authority, the foreign NGO will be issued a registration certificate that includes the name, address, scope of business, name of the chief representative, governing authority, and operating areas of the RO.

The NGO’s certified RO will then present its certificate to the tax authorities. Once the organization seal (chop) has been engraved, the RO will be able to open a bank account with a local Chinese bank. The RO must then give a file containing a photocopy of its seal, bank account number, and tax registration number to the registration and administration authority for record-keeping.

Materials required for submission
In order to establish an RO, the NGO must submit the following documents to the Ministry of Public Security:

(1) Application Form for Establishment of Representative Office of Overseas Non-Government Organization;
(2) Form for Registration Matters of Representative Office of Overseas Non-Government Organization;
(3) Registration Form for Chief Representative of Representative Office of Overseas Non-Government Organization;
(4) Power of attorney for registration of establishment of representative office by the overseas non-government organization;
(5) Proof documents and materials showing that the overseas non-government organization is lawfully established overseas;
(6) Articles of association of the overseas non-government organization;
(7) Proof materials showing that the overseas non-government organization has been established overseas for two years or more and has carried out activities substantively;
(8) Identity document and curriculum vitae of the Chief Representative of the proposed representative office;
(9) Statement of No Criminal Record of Chief Representative of Representative Office of Overseas Non-Government Organization;
(10) Proof materials of the address of the proposed representative office;
(11) Proof materials for source of funding;
(12) Consent document of the governing authority.

Contact Us
If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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