Basic Information

Business type	Administrative permit	Certificate type	Committed certificate
Business category	Change of establishment, cancellation of legal person	Implementing entity	Shanghai Municipal Administration for Market Regulation
Nature of implementing entity	Legal body	Code of implementing entity	11310000MB2F3067XN
Service subjects	Enterprise legal persons	Approval subjects	Company establishment: A natural person, legal person or any other organization that may establish a company with foreign investment according to law. Branch establishment: A foreign-invested company that may establish a branch according to law. Change (for the record) and cancellation: Foreign-invested companies and their branches in administrative areas of Shanghai
Service scope	Across this Municipality	Exercising level	Municipal level
Source of power	Legal exercise at this level	Handling mode	Handling at the window, online handling
Is reservation available?	No	Is online payment available?	No
Is courier service available?	No	Is self-service terminal service available?	No
Co-handling body	No	Intermediary service	No
Quantity limit	There is no quantity limit and the approval is granted once the conditions are met.	Operating system	Municipal level
Required number of arrivals at the site	2	Depth of online handling	Online pre-approval
Handling period specified by law	15 (working days)	Committed time limit for closing	1 (working day)
Business status	In use	Business version	11
Whether it is available at the online administrative service center	Yes
Applicable scope	The Guide is applicable to foreign-invested companies and their branches on application for company and branch business licenses in administrative areas of Shanghai.
Content of review and approval	Registration of establishment, change and cancellation of foreign-invested company and its branch.
Division of authority	Shanghai Municipal Administration for Market Regulation shall mainly register the foreign-invested companies and their branches in the Negative List and of financial category, foreign-invested companies that the State Administration for Market Regulation authorizes it to register, and other foreign-invested companies and their branches to be registered by it as Shanghai Municipal Administration for Market Regulation thinks. Pudong New Area Market Supervision Administration Bureau (or the Market Supervision Administration Bureau of China (Shanghai) Pilot Free Trade Zone) shall mainly register the foreign-invested companies and their branches outside the Negative List in administrative areas of Pudong New Area (or China (Shanghai) Pilot Free Trade Zone). Entrusted by Shanghai Municipal Administration for Market Regulation, the market supervision administration bureaus of other districts shall register the foreign-invested companies and their branches in administrative areas of those districts, except for those registered by Shanghai Municipal Administration for Market Regulation.

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Conditions for Acceptance

The application materials are complete and prepared in a legal form. See details in the List of Application Materials.

Application Materials

Instructions for Filling

1. The application materials shall be sequenced in the order as set out in the List of Application Materials in this Guide;

2. The documents prepared by the Applicant are printed with A4 papers, and those issued by the government and other authorities shall be provided in the size(s) as the original(s);

3. Copies of the application materials shall be clear and legible.

Formal Standards

1. The application materials shall be arranged in the order specified in the application form in the Guide; 2. The copies of the application materials shall be clear; and 3. The application materials shall be prepared with A4 papers and shall be completed or signed with black or blue-black pens, writing brushes or signature pens instead of ball-point pens.

List of Application Materials

Name of material	Source	Type of material	Number of hardcopy materials	Form of material	Remarks	Mandatory or not	Template	Blank form
Application for registration (filing) of branch companies, unincorporated branches and business units	Based on the template of the State Administration for Market Regulation	Original	1	Hardcopy	View details	Mandatory	Download to view	Downloadthe Form
The Notice of Pre-approval of Company Name	Market Supervision Department	Original	1	Hardcopy	View details	Not mandatory
The certificate of legal use of domicile (business premise)	Prepared by the Applicant	Original	1	Hardcopy	View details
The copy of approval document or license certificate	Relevant approval body	Copy	1	Hardcopy	View details	Not mandatory
The copy of business license of parent company	Market Supervision Department	Copy	1	Hardcopy	View details	Mandatory
The articles of association of the parent company	Prepared by the Applicant	Copy	1	Hardcopy	View details	Mandatory

Name of the Application Document

Application for registration (filing) of branch companies, unincorporated branches and business units

Place of Business Handling

Place of Business Handling

The Government Service Hall of Shanghai Municipal Administration for Market Regulation, No.301, Zhaojiabang Road

Business Hours

9:00-11:30 and 13:30-16:30 (14:00-16:30 in summer) from Monday to Friday (excluding statutory holidays)

Legal Basis

Article 4 of the Regulation of the Peoples Republic of China on the Administration of Company Registration (Decree No. 451 of the State Council of the People’s Republic of China): The administrative agencies for industry and commerce shall be the company registration authorities. The company registration authorities at a lower level shall conduct company registration under the leadership of the company registration authorities at a higher level. The company registration authorities shall perform duties in accordance with the law, free from any unlawful interference.

Procedures of Business Handling

View the flow chart.

Mode of Business Handling

Mode of Business Handling

1.  General procedures

 (1) Business description

One staff member of the administrative departments of registration conducts the initial review and receives the materials and another staff member decides whether to register after examination.

 (2) Applicable situation

Applications where all necessary application materials are submitted in legal form and do not need to be verified.

2. Procedure of verification

 (1) Business description

The administrative departments of registration decide to accept the application, designate more than 2 staff members to verify the application materials, and decide whether to register based on the result of verification.

 (2) Applicable situation

Applications where all necessary application materials are submitted in legal form and need to be verified.

Special Procedures

No

Approval Certificate

No

Review and Approval Charges

Charged or not

No

Rights and obligations of the applicant

The applicant shall have the following rights according to laws:

1. In the case of meeting the legal conditions and standards, the applicants have the equal right to obtain the administrative permit according to law.

2.  The applicants have the right to state on and defend against the implementation of administrative permit by the administrative departments of registration.

3.  The applicants have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.

4.   Where the legal rights are damaged by illegal implementation of administrative permit by the administrative departments of registration, the applicants have the right to claim compensation according to law. 

The applicant shall have the following obligations according to laws:

In applying for the administrative permit, the applicants shall truthfully submit the relevant materials to the market regulatory authority and demonstrate the true situation, and shall be responsible for the authenticity of the substantial contents of the application materials.

Consultation Method

Consultation Phone

(021)64220000-5475; (021)12345

Consultation Approach

http://scjgj.sh.gov.cn/shaic/consult!toQuestion.action

Supervision and Complaint Method

Complaint Phone

(021)12345

Complaint Channel

http://scjgj.sh.gov.cn

FAQs

FAQs

Question:  How shall a branch apply to do business outside the business scope of its parent company?

Answer:  In principle, the business scope of a branch shall not exceed that of its parent company. In case of any operation outside the business scope of the parent company, it must be added to the business scope of the parent company (to be run by the branch only).

Common Unacceptable Sample

Common mistake: Any application of a branch is not signed by the legal representative of its parent company or stamped with an official seal of the parent company.

Correct action: Any application of a branch shall be signed by the legal representative of its parent company and stamped with an official seal of the parent company.