General FAQs

How much does it cost to register a foreign-owned company in China?

The cost depends on the company type, the scale of company and the industry. If you want a specific quotation, please contact us directly.


What is the requirement of a foreign-owned company?

At least one of the shareholders is from a foreign country. 


I haven’t rented an office yet, can I register a company first?

Registering a company in China requires an office and requires the provision of a lease agreement, a copy of the real estate license, and other related materials. If you haven’t decided where your office rental is, we can provide you with address registration first.


Will the company be able to start operations after obtaining the business license?

After obtaining a business license, there is also a need for public security records, official seals, corporate seals, and financial seals. Meanwhile with tax registration (within 30 days of obtaining business license). Meanwhile, open a bank account and apply for an “account opening license”.


What will happen if the registration fund cannot be paid after the subscription period expires?

  • If the shareholder cannot pay, it will constitute a breach of contract with other shareholders and bear responsibility for breach of contract.

  • If someone claims a claim from the company, the shareholder who fails to make a timely contribution shall bear the liability for repayment or compensation for the unfunded part.


What processes do I need to deregistration a company?

The entire process of deregistration write-off the company is generally about 5 to 7 months.


How to fill in the company’s business scope?

The company law stipulates that an enterprise may not operate beyond the business scope of the business license, otherwise it will face a fine. Therefore, we must first determine the main operations to ensure that the company can legally operating these industries. If you are unsure whether to do the scope added, you can later go to the Administration for Industry and commerce (AIC) to change the scope of your business.


What is the limit on the number of board members of a limited liability company?

If a limited liability company has a board of directors, its members are three to thirteen. A limited liability company with a small number of shareholders or a relatively small company may have an executive director without a board of directors.


Can a limited liability company not have a board of supervisors?

A limited liability company with a small number of shareholders or a small scale may have one to two supervisors and no supervisory board. However, state-owned sole proprietorship companies must have supervisory boards.


Who can become the legal representative of foreign companies?

Setting up a company in China requires a legal representative. The legal representative may be Chinese or foreigner. However, the legal representative may be one of the shareholders, or it may be an appointment system (the position is the chairman, executive director or manager).


How to name your company in China?

In China, the official name of a company consists of four parts: administrative region, designation name, industry characteristics and organizational form. The designation name includes two or more Chinese characters. Industrial characteristic includes the name of the products, business or industries such as trade, advertising, etc. Organizational form includes limited company, liability limited company, etc.


How to fill in the company’s business scope?

The Chinese company law stipulates that an enterprise may not operate beyond the business scope of the business license, otherwise it will face a fine. Therefore, we must first determine the main operations to ensure that the company can legally operating these industries. If you are unsure whether to do the scope added, you can later go to the Administration for commerce and Industry to change the scope of your business.


What is the difference between branch and subsidiary company?

  • A branch company is a branch of the company. It has business qualifications but does not have legal personality, and cannot independently assume civil liabilities. Its civil liability is bared by the company that establishes the branch company. The name of the branch company has to set up branch name in front, followed by the name of the company plus a branch location;
  • A certain amount of shares of a subsidiary are held and controlled by the parent company, but they have independent legal personality. Civil liability can be assumed independently and externally according to law, and the parent company is not liable for the debts of the subsidiary company. Subsidiaries can name themselves without adding the parent company’s name.

What should I do if the registration fund cannot be paid after the subscription period expires?

  • If the company does not intend to continue to operate, it can directly deregistration or transfer.
  • It is possible to extend the capital contribution period by amending the statutes; this method should be the most cost-saving, but it must be approved by all shareholders.
  • Find someone to help advance the capital, and the registered capital will actually be paid.
  • Shareholders who fail to timely contribute capital can be paid by other shareholders or transfer shares.
  • Go to the Administration for Industry and Commerce (AIC) to handle the change of capital reduction.

What is a branch office? Is a branch company qualified as a corporate legal person?

A branch company refers to a company that establishes a business activity outside its residence. Branches do not have corporate legal personality.


What is the difference between a Company Limited and a  Representative Office (RO) in China?

Although Representative Office (RO) can not conduct any direct profit-making commercial activities, compared to companies with a certain scale, foreign companies have a lot of role in establishing offices. For example, firstly, foreign agents in China may cooperate with bonded warehouses or import-export companies for operations. Secondly, for precision equipment manufacturers in the mainland for after-sales service. Thirdly, the Foreign trade importers and exporters who intend to enter the Mainland  China market will cooperate with the Mainland China’s foreign trade import and export companies  to complete the import and export actions. Basically setting up an office will have the function of a similar trading company. Lastly, intellectual property enterprises may authorize the use of their property rights on behalf of their parent company in China and have the ability to supervise the infringement of pirated copyrights.

In the process of applying for the establishment of Representative Office, the examination and approval authority of the Chinese government on the establishment of a foreign company office is relatively strict. Mainly from the establishment of the subject qualifications, location, chief representative or representative of the qualifications and credit status and other aspects of the review and restrictions.


What is the difference between Hong Kong company name selection and the Mainland?

Hong Kong companies are more liberal in their names, and some companies that are more difficult to register in China can be registered in Hong Kong, as long as they do not repeat it. Regardless of the size of the registered capital, the Hong Kong government allows the company name to include the words international, group, holding, industry, investment, college, association, center, foundation, institute, etc.; the company name can also be added in front of its favorite name, such as: France , the United States, Italy, Japan, Hong Kong, Shanghai, etc., can also use their own names and hometown names in the company name, fully reflects the individual.

In the process of applying for the establishment of an overseas representative office, the examination and approval authority of the Chinese government on the establishment of a foreign company office is relatively strict. Mainly from the establishment of the subject qualifications, location, chief representative or representative of the qualifications and credit status and other aspects of the review and restrictions.


Does Hong Kong Limited companies have any restrictions on business scope?

Hong Kong is the most trade port in the world. The scope of business does not have much restrictions in principle. Companies can operate in any kind of business, such as: finance and investment, health care, shipping transport, import and export trade, real estate, construction, decoration, information networks, clothing and textiles, tourism, and cultural publishing; many small and medium enterprise owners are unclear what to write out the scope of business so that you will not limit the business you operate to a certain extent.

In the process of applying for the establishment of an overseas representative office, the examination and approval authority of the Chinese government on the establishment of a foreign company office is relatively strict. Mainly from the establishment of the subject qualifications, location, chief representative or representative of the qualifications and credit status and other aspects of the review and restrictions.

What is the difference between Hong Kong company name selection and the Mainland?

Hong Kong companies are more liberal in their names, and some companies that are more difficult to register in China can be registered in Hong Kong, as long as they do not repeat it. Regardless of the size of the registered capital, the Hong Kong government allows the company name to include the words international, group, holding, industry, investment, college, association, center, foundation, institute, etc.; the company name can also be added in front of its favorite name, such as: France , the United States, Italy, Japan, Hong Kong, Shanghai, etc., can also use their own names and hometown names in the company name, fully reflects the individual.

In the process of applying for the establishment of an overseas representative office, the examination and approval authority of the Chinese government on the establishment of a foreign company office is relatively strict. Mainly from the establishment of the subject qualifications, location, chief representative or representative of the qualifications and credit status and other aspects of the review and restrictions.


Does Hong Kong Limited companies have any restrictions on business scope?

Hong Kong is the most trade port in the world. The scope of business does not have much restrictions in principle. Companies can operate in any kind of business, such as: finance and investment, health care, shipping transport, import and export trade, real estate, construction, decoration, information networks, clothing and textiles, tourism, and cultural publishing; many small and medium enterprise owners are unclear what to write out the scope of business so that you will not limit the business you operate to a certain extent.

In the process of applying for the establishment of an overseas representative office, the examination and approval authority of the Chinese government on the establishment of a foreign company office is relatively strict. Mainly from the establishment of the subject qualifications, location, chief representative or representative of the qualifications and credit status and other aspects of the review and restrictions.


More than one shareholder who has reached the age of 18 can either be a Mainland citizen or overseas person with a passport or identity card. You need the Registered address and limited company’s legal secretary.


How do you solve the various daily tasks of Hong Kong companies, such as filing tax returns?

In terms of taxation in Hong Kong, it is only once a year that taxes are reported. The question of how to charge fees depends on the actual situation of your company. Accounting and auditing costs are determined based on the size of the turnover and the bills.


What is the annual review of Hong Kong companies?

The annual review of Hong Kong companies is divided into four services. 

  • the company annual inspection: renewal of business registration certificate, every year you must go to the government to receive a new year business registration certificate, the cost includes government fees, with the government’s adjustment and float;
  • Annual report of the company: renewal of the registration certificate, printing an annual report in accordance with the corresponding version required by the Registry, signed by the director, and then to the company registrar to complete the formalities; even if it is not operational, the annual report must be processed on time. The government will not inform you of any letters.
  • Legal Secretary: It is a prerequisite for establishing a company in Hong Kong.
  • Registered address fee: It is a necessary condition for setting up a company in Hong Kong. If the customer cannot provide it, we can provide it on behalf of the company. The first year is free. From the second year onwards, it will be charged annually.

What are the uses of offshore companies?

  • Trading companies: The immediate benefits are extremely convenient capital operations and extremely low tax costs.
  • Holding companies: Including commercial holding companies and private holding companies whose main purpose is to maintain privacy. Mainland China’s Sino-foreign joint ventures and sole proprietorships, investment-ranking Hong Kong, and second-ranking British Virgin Islands are well-known offshore sites.
  • international investment: used to hold bonds, stocks and transactions.
  • Other purposes: Yacht holding company, property holding company, asset protection company, public investment company, intellectual property ownership company, transportation company, network company, insurance company, etc.

How does a registered offshore company choose the right place to register?

First of all, we must pay attention to the stability of the territorial political economy. Prior to the selection, you need to understand the latest political and social background in the area and take detailed consideration of the place of registration. Second, we must pay attention to whether the selected territories can achieve the purpose of legitimate tax avoidance by enterprises. Generally, we must choose the place of registration where the tax rate is low and the tax rate is low. When choosing a place of registration, enterprises must also pay attention to the efficiency of the work in the region. As an offshore company registration place, it is necessary to have efficient work efficiency and clear policies and regulations.

Can I register trademark by myself in China?

According to the CHINA TRADEMARK LAW (Article 18), any foreign person or foreign enterprise intending to apply for the registration of a trademark or for any other matters concerning a trademark in China shall appoint any trademark agencies which are established legally. The trademark agencies will submit the filing paper for you on line (for company applicant) or by mail (for individual applicant). You can choose us as your appointed agency in China for your trademark registration.


What is famous trademark application?

A famous trademark refers to a registered trademark that has a high reputation and commercial value, is well known to the public and is recognized according to the law.

The quality, environment and safety management of the company should meet the international standard and be recognized by the national authority.


What is the requirements for famous trademark application in China?

  • The trademark has been registered for three years and has been used for three consecutive years legitimately (the trademark of high technology commodities and the use of the trademark of private enterprises for one year). The trademark right book has no objection.
  • The trademark is well known by public in the province and with a high reputation. The advertising propaganda is a certain continuity and in a broader region for the recent three years, and has certain advertising spending in the major media in the province.
  • The goods or services economic index referring to the trademark, including sales, operating income, net profit, revenue and market share, is in the leading position in the same or similar goods or services in the province.
  • The sales territory of the commodity mentioned in the trademark, within the province, and it should cover at least nine cities and above. Outside the province,  it should cover at least five provinces or municipalities and above. If the commodity is for exports, annual export amount should be at least $3 million, and trademark is registered in more than 2 countries or regions.

The declaration material is not complete, the Trademark Office asks for correction, what should I do?

On the back of the correction notice, there is a detailed description of the supplement to the products/services, The applicant should fill in the instructions according to the requirements and send it back to the Office.


 

What is a Trademark Classes in China?

China follows the NICE Classification for trademark classes. The NICE Classification is an international classification of goods and services for the purpose of register a trademark. This classification system consists the 45 classes; 01-34 include goods and 35-45 include services. You have to register the Trademark under the 45 classes only.


What about the same or similar trademarks applied on the same day?

  • Apply to the priority of use principle, according to the notice of the China Trademark Office, applicants should hand in evidence of the date when they first used this trademark in 30 days.
  • If the applicants first used the trademark at the same day or they did not use it at all, they need to negotiate and come to an conclusion of whom the trademark belongs to. If there’s a conclusion, the agreement should be sent to the China Trademark Office in 30 days.
  • If there’s no outcome of the negotiation, either with the supervision of the Trademark Office, the applicants draw lots, or the Trademark Office bring in a verdict.

Some small items didn’t meet the standard, the trademark office asks me to rectify, what should I do?

Commodity name should be specific, accurate, standard, accord with the classification principle. Applicants should fill out the category, product/service name, and put the order number according to similar products and service distinction table.


What if the applicant asks for the change of address or company name?

The applicant may change the name, address and proxy in the China Trademark Office


The graphic is not clear, the trademark office asks for correction, what should I do?

According to the requirements of the supplement notice, please print or paste a copy of the trademark logo on the back of the notice.


What if the applicant changes the trademark name or graphics, or the minor item?

It should be refiled as a new trademark. The applicant should apply again.

What is works?

In China, the copyright refers to the intellectual achievements that are original in the fields of literature, art and science and can be copied in a tangible form. The work should meet the following conditions:
(1) Originality. That is, the work must be independently conceived and created by the author. Only original works are protected by copyright law.
(2) Reproducibility. That is, one or more copies of the work can be made by printing, copying, rubbing, recording, video, ripping, reverse shooting, etc. But no matter what copying method are used and how many works are copied, none will change the content of the work.


Which works can be applied for registration?

China Copyright Law protects works of:

  • literature;
    art;
  • natural sciences;
  • social sciences;
  • engineering and technology created in any forms of written, oral, musical, dramatic, choreographic and acrobatic works;
  • works of fine arts and architecture;
  • photographic works;
  • cinematographic works;
  • graphic works;
  • computer software;
  • and other works by law (Article 3).

What is the CCPC (China Copyright Protection Center)?

The China Copyright Protection Center (CCPC) is the only comprehensive national copyright public service agency in China, which is responsible for the copyright registration of works in China, Hong Kong, Macao, Taiwan and overseas.

Which works cannot be applied for Copyright registration?

According to China Copyright Law, the following cannot be applied for Copyright:

  • Laws, regulations, state organs’ resolutions, decisions, orders and other documents with legislative, administrative, judicial nature, and their official translations;
  • Current news;
  • Calendar, general number table, general table and formula;
  • Works beyond the protection period.

How do foreigners or units apply for copyright registration of works?

when applying for copyright registration of works in China, foreigners or units are in accordance with the principle of national treatment, which is consistent with the registration materials required by Chinese citizens. Foreign language materials must be submitted in Chinese (except for sample works).


What is the processing time limit for copyright registration of works?

 It will be completed within 30 working days after the registration agency accepts the registration application. If correction materials are needed, the applicant shall complete the correction within 60 days after receiving the correction notice, and the registration agency shall complete the correction within 30 working days after receiving the correction materials.


What materials do I need to submit to apply for registration of copyright-related rights matters?

  • Application Form for Registration of Rights Related to Copyright;
  • Applicant’s identification document:
  • Proof of ownership of rights;
  •  Samples of sound recordings, video products, layout designs, and materials that record performances, broadcasts, or TV content;
  • When entrusting others to apply on behalf of the agent, the agent shall submit the applicant ’s certificate of authorization and agent identification documents.

What is Computer Software?

It refers to computer programs and related documents.

A computer program refers to a sequence of coded instructions or a sequence of symbolic statements that can achieve a certain function.


What is the duration of Computer Software copyright protection?

The copyright of a natural person’s software is protected for the lifetime of the natural person and 50 years after his death. If the Computer Software is developed in cooperation. The protection ends on December 31 of the 50th year after the death of the last natural person. The Computer Software copyright of legal persons or other organizations shall be protected for 50 years after the first publication of the Computer Software. However, if the Computer Software has not been published within 50 years from the date of completion of development, it will no longer be protected.


Who can be the Computer Software copyright owner?

Natural persons, legal persons, or other organizations that independently develop and complete software, as well as natural persons, legal persons, or other organizations that have contracted, inherited, transferred, or accepted Computer Software copyrights can become copyright owners.


Computer Software 1.0 has been registered, do I need to register again for the upgraded version?

Different versions are different Computer Software works, upgrade software with major changes in Computer Software functions and performance, applicants should re-register if necessary.


 What is the exclusive license of Computer Software copyright?

It refers to the right that the software copyright owner, within a specific period and geographical area, authorizes the licensee to use one or more of the rights it enjoys. That is to say, the right is exclusive, no one else (including the licensor) can use it except for the licensee.


If one of the right holders who succeeded in obtaining the right is a foreign legal person, how to submit the identity certificate?

Provide a copy of the registration of its legal person. After notarization by a local qualified institution, it must be certified by the Chinese embassy or consulate in that country. The notarization includes two aspects: one is that the company is legally and effectively established; the other is that the signature of the company ’s legal person is valid. If one of the parties is a legal person in Taiwan, you need to fill in the Taiwan legal person registration certificate and notarize it in a qualified court in Taiwan.


 If it is the foreign legal person or foreign natural person that has acquired the rights, how should I register?

You should go to the Beijing Municipal Bureau of Commerce to register the technology export contract.