正在加载图片...
Translation Squire,Sanderx Dempsep L.L.P. Article 34 The Domestic Company to be acquired shall handle formalities for registration of such change with the relevant authorities in charge of registration and administration of forex within thirty(30)days upon its receipt of the Remarked COA. These relevant authorities shall issue to the Domestic Company a FlE Business License and a FIE Forex Certificate,respectively,both of which shall be remarked by indicating that"This certificate shall be valid within eight (8)months from the date of issuance''(“Remarked BL”and“Remarked Forex Certificate"). When the Domestic Company handles formalities for registration of changes with the relevant registration authority,it shall provide in advance documents signed by the legal representative of the Domestic Company for purpose of future restoration of its equity structure,if applicable,including but not limited to the letter of application for change of equity interests,amended articles of association,equity transfer agreement. Article 35 Within six (6)months from the issuance date of the Remarked BL.the Domestic Company or its shareholders,subject to their possession of any equity interests of the overseas company through said acquisition,shall apply to MOFCOM and the relevant forex control authority for examination and approval and registration of making overseas investment and establishment of overseas enterprise. In addition to the documents required for submission to MOFCOM under the Provisions on Examination and Approval of Making Investment and Establishing Overseas Enterprise,the parties concerned must also submit both their Remarked COA and Remarked BL.After examination and approval of holding the overseas company's equity interests by the Domestic Company or its shareholders subject to proper acquisition,MOFCOM shall issue a new Approval Certificate for overseas investment by Chinese enterprise ("Overseas Investment COA")and a non-remarked FIE Approval Certificate("Non-remarked COA"),which shall replace the Remarked COA. After obtaining the Non-remarked COA,the Domestic Company shall,within thirty (30)days,apply to the relevant authorities in charge of registration and forex administration,respectively,for issuance of a non-remarked FIE Business License ("Non-remarked BL")and a non-remarked FIE Forex Certificate ("Non-remarked Forex Certificate). Article 36 Within six(6)months from the issuance date of the Remarked BL,if the Domestic Company and the overseas company fail to complete the procedures for change of their equity interests,the Remarked COA and the Overseas Investment COA shall automatically become null and void;the registration authority shall examine and approve to change the registration for restoration of the Domestic Company's equity structure back to such condition as it was before the acquisition in accordance with the relevant equity change documents submitted by the Domestic Company in advance regarding restoration of its equity structure. In the event of failure in the acquisition of any additional stocks issued by the Domestic Company,before the relevant registration authority approves the change of registration regarding equity structure restoration under the provision set forth above, the Domestic Company shall reduce its registered capital accordingly and make public announcement in newspapers under the Company Law. 13
<<向上翻页向下翻页>>
©2008-现在 cucdc.com 高等教育资讯网 版权所有