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Can foreign investors withdraw investment during the operation?

english.gov.cn
Updated: Aug 23,2014 6:07 PM     

Indispensable investors shall not withdraw from the FBIE during the period of its continuous existence. A necessary withdrawal under a special circumstance shall be upon the consent of the investor whose investment amount exceeds 50% of the total amount, and the relevant rights and interests shall be assigned to the new investor who satisfies the conditions as provided in Article 7 of Provisions Concerning the Administration of Foreign-funded Business-starting Investment Enterprises. The contract and the articles of association of this enterprise shall be modified and shall be reported to the authority for approval.

The transference of other investors’ subscribed amount of capital or invested amount of capital shall be done in compliance with the contract of the FBIE and the assignee shall meet the requirements as provided in Article 6. All investors shall make relevant modifications in the contract and the articles of association of the FBIE and report to the examination and approval organ for archival purposes.

When a non-legal-person organization files an application to the registration authority for modifying its registration, the archival evidential documents issued by the above-mentioned examination and approval organ may replace relevant documents for examination and approval.

Having made investments according to the proceedings of business-starting investments and upon relevant capital verification report, the investors of the FBIE shall file an application to the original registration organ for handling the archival procedures for their investments. The registration organ shall fill up the number of its actual amount of capital behind the item of “Capital Amount” on its Business License.

Where an FBIE makes no investment or fails to make the total investment, it shall be subject to penalties imposed by the registration organ in accordance with the existing regulations.

The investors of an FBIE shall make investments and relevant modifications in accordance with the existing regulations.

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