On January 3, according to the Market Supervision Bureau of Sichuan Province, the Foreign Investment Law was officially implemented on January 1, 2020. Foreign invested enterprises established in accordance with the Law of the People's Republic of China on Chinese Foreign Equity Joint Ventures, the Law of Foreign funded Enterprises and the Law of the People's Republic of China on Chinese Foreign Contractual Joint Ventures before the implementation of the Law can, within five years after the implementation of the Foreign Investment Law, comply with the Company Law and the Partnership Enterprise Law And other laws to adjust its organizational form, organizational structure, etc., and handle the change (filing) registration according to law, or continue to retain the original enterprise organizational form, organizational structure, etc.

Now, there is only one year left before the "five-year transition period". Have you adjusted the organizational form and structure and handled the change (filing) registration according to law for the operators of foreign-invested enterprises?

How to determine whether it is a "five-year transition period" foreign-invested enterprise?

First, the company was registered before January 1, 2020 when it was established;

Second, looking at the company's articles of association, the highest authority of the company is the board of directors;

Third, look at the types of enterprises. The types of companies are Sino foreign joint ventures, Sino foreign cooperation, Taiwan, Hong Kong, Macao and domestic joint ventures with the words "joint venture" and "cooperation".

Why should the change (filing) be handled in time?

According to the Foreign Investment Law and its implementation regulations, from January 1, 2025, the market supervision and administration department will not handle other registration items applied for by the existing foreign-invested enterprises that have not adjusted their organizational form, organizational structure, etc. according to law and have gone through the change of registration, and will publicize the relevant situation.

What are the possible changes (filing) of enterprises in the "five-year transition period"?

1. Registration of organizational form change. Before January 1, 2020, foreign-funded enterprises without legal person status established in accordance with the Detailed Rules for the Implementation of the Law on Chinese Foreign Contractual Joint Ventures or the Detailed Rules for the Implementation of the Law on Foreign funded Enterprises shall apply for restructuring into partnership enterprises, and shall apply to the registration authority for change of registration in a timely manner in accordance with the conditions for establishment as stipulated in the Partnership Enterprise Law, the Measures for the Administration of Partnership Enterprise Registration and other laws and regulations, And submit relevant materials according to law. After the affiliated enterprise changes its organizational form, the branch shall apply for registration of change in a timely manner.

2. Organization change (filing) registration. If a foreign-funded company established before January 1, 2020, within five years after the implementation of the Foreign Investment Law, adjusts the highest authority, the method of selecting the legal representative or director, the voting mechanism and other matters inconsistent with the mandatory provisions of the Company Law, it shall amend its articles of association, and apply to the registration authority for change registration, articles of association filing or directors filing according to law.

How to apply for change (filing)?

Step 1: Online declaration, open the service network of Sichuan Provincial Government Affairs Network（ http://www.sczwfw.gov.cn/ ）, select the provincial market supervision bureau in the direct department, enter the "Enterprise Change Service Zone", log in the account password, and operate according to the prompts;

Step 2: After the online material guidance is passed, go to the registration authority of your enterprise to handle the change registration, and submit the paper materials offline.

Consultation hotline of foreign-invested enterprise registration authorities in cities (prefectures) of Sichuan Province:

Chengdu Municipal Market Supervision Administration 028-86917515

Sichuan Tianfu New Area Market Supervision Administration 028-68381161

Market Supervision Administration Bureau of Chengdu High tech Industrial Development Zone 028-85339219

Chengdu Jinjiang District Market Supervision Administration 028-86629791

Chengdu Qingyang District Market Supervision Administration 028-86692052

Chengdu Jinniu District Market Supervision Administration 028-87713569

Chengdu Chenghua District Market Supervision Administration 028-84393858

Chengdu Longquanyi District Market Supervision Administration 028-88429909

Qingbaijiang District Market Supervision Administration of Chengdu 028-83680253

Wenjiang District Market Supervision Administration of Chengdu 028-82760470

Chengdu Shuangliu District Market Supervision Administration 028-85817158

Chengdu Pidu District Market Supervision Administration 028-87888757

Dujiangyan Market Supervision Administration 028-87129802

Qionglai Market Supervision Administration 028-88745308

Zigong Market Supervision Administration 0813-8213521

Panzhihua Market Supervision Administration 0812-3336949

Luzhou Municipal Market Supervision Administration 0830-3190717

Deyang Market Supervision Administration 0838-2514018

Mianyang Market Supervision Administration 0816-2316824

Guangyuan Market Supervision Administration 0839-5572121

Suining Market Supervision Administration 0825-2311372

Neijiang Market Supervision Administration 0832-2171013

Leshan Market Supervision Administration 0833-2427373

Nanchong Market Supervision Administration 0817-2338321

Yibin Market Supervision Administration 0831-2208663

Guang'an Market Supervision Administration 0826-2395722

Dazhou Market Supervision Administration 0818-2181893

Bazhong Market Supervision Administration 0827-5775690

Ya'an Market Supervision Administration 0835-2227341

Meishan Market Supervision Administration 028-38166159

Ziyang Market Supervision Administration 028-26110204

Market Supervision Administration of Aba Tibetan and Qiang Autonomous Prefecture 0837-2833799

Market Supervision Administration of Ganzi Tibetan Autonomous Prefecture 0836-2827617

Market Supervision Administration of Liangshan Yi Autonomous Prefecture 0834-2162305; 0834-2161751

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