China would have never become the world’s leading economy (as recognized by the IMF in the fall of 2014) if the regulation requiring foreign companies to obtain permission to open representative offices in the country had not been abolished in 2004. Prior to 2004, all foreign companies had to obtain permission to open representative offices, but after 2004, foreign companies were allowed to open representative offices with subsequent notification to government authorities.
While the bureaucratic red tape has decreased slightly, it is still present. If you plan to open a representative office in China, you will need to:
Register the representative office with the China Chamber of Commerce (within 30 days of opening);
Register the representative office with the police, which issues permission to create the organization’s seal;
Register with the local Tax Inspection Office;
Register with the Customs Inspection Office if you plan to engage in importing/exporting goods;
Open an account at a local bank;
Register with the State Administration of Foreign Exchange if you plan to send or receive payments in any currency other than the yuan.
It is important to understand that the procedure for registering foreign representative offices may vary slightly in each region of China, as it is also regulated by regional laws.
We provide a full range of legal services for opening representative offices of foreign companies in China, as well as for the operation of these offices. Our legal services include:
Registration of patents and trademarks in China;
Obtaining licenses and permits from Chinese government agencies;
Challenging fines and tax claims in Chinese courts and authorized agencies.