Article 192
A foreign company referred to herein means a company registered and established outside China under foreign laws.
Article 193
In order to establish a branch within China, a foreign company must submit an application to the Chinese authority in charge, together with the relevant documents such as its articles of association, the company registration certificate issued in its home country, etc. Upon approval, it shall carry out registration with the company registration authority and be issued a business license.
The examination and approval procedure for branches of foreign companies shall be separately prescribed by the State Council.
Article 194
In order to establish a branch within China, a foreign company must appoint a representative or agent in charge of such branch within China, and fund its branch as appropriate in light of the nature of its intended business. Where operation of certain branches of foreign companies is subject to a minimum level of funding, such level shall be prescribed by the State Council separately.
Article 195
The branch of a foreign company shall identify the nationality and form of liability in its name.
The branch of a foreign company shall maintain the articles of association of such foreign company on its premises.
Article 196
A foreign company is a foreign legal person, and its branch established within China does not have the status of a Chinese legal person.
A foreign company shall bear civil liabilities in respect of the business conducted by its branch within China.
Article 197
While conducting business within China, the branch of a foreign company established after approval must abide by Chinese law, and may not harm the public interest of China, and its lawful rights and interests are protected by Chinese law.
Article 198
When a foreign company cancels its branch within China, such company must fully repay the debts thereof in accordance with the law and carry out liquidation in accordance with the provisions hereof concerning company liquidation procedure. The company may not transfer the assets of such branch abroad prior to full repayment of its debts.
