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Translation Sqnire,Sanders Dempsey L.L-P. and amendment in a timely manner in compliance with Chinese forex laws and administrative regulations. Chapter II Basic System Article 9 If the foreign investor's contribution to the registered capital of the FIE established after the acquisition is more than twenty five percent(25%)thereof,such enterprise shall enjoy treatment of a FIE. If the foreign investor's capital contribution to the registered capital of the FIE established after the acquisition is less than twenty five percent(25%),such enterprise thus set up shall not enjoy treatment of a FIE and any foreign loans it may borrow shall be handled in accordance with the relevant regulations governing foreign loans borrowed by non-FIEs,except otherwise provided by laws and administrative regulations.The examination and approval authority shall issue to such enterprise a FIE approval certificate (hereinafter referred to as the "Approval Certificate"or "COA"),which shall be remarked with such words as "foreign investment ratio less than twenty five percent (25%)",and the registration administration authority and forex administrative authority shall issue,respectively,to such enterprise a FIE's business license ("Business License")and forex registration certificate ("Forex Certificate")also remarked with such words as "foreign investment ratio less than twenty five percent(25%)". Acquisition by a Domestic Company,enterprise or natural person of an affiliate company of such Domestic Company in the name of an overseas company lawfully established or controlled outside China,such enterprise thus set up shall not enjoy treatment of a FIE,unless the overseas company subscribes to any increased capital of the Domestic Company or contributes additional capital to such enterprise newly formed after acquisition and the amount of the increased capital exceeds twenty five percent(25%)of such new enterprise's registered capital.Where the contribution made by any foreign investor other than the actual controlling party of the FIE established by way mentioned in this Clause to the registered capital of such enterprise is higher than twenty five percent(25%)thereof,such enterprise shall enjoy treatment of a FIE. Treatment enjoyable by the FIE newly established through acquisition of any domestic listed company by a foreign investor shall be subject to relevant provisions of the state. Article 10 The examination and approval authority referred herein shall be the Ministry of Commerce ("MOFCOM")or the provincial level commercial authority of the People's Republic of China(hereinafter referred to as the "Provincial Level Examination and Approval Authority").The registration administration authority shall be the State Administration of Industry and Commerce("SAIC")of the People's Republic of China or its authorized local administrative authority for industry and commerce.The forex control authority shall be the State Administration of Foreign Exchange("SAFE")or its branch offices
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