中外合作会计师事务所管理暂行办法 Administration of Sino-foreign Co-operative Accounting Firms Tentative Procedures

n the People's Republic of China shall be entered in the accounts of the Co-operative Firms， and tax shall be paid thereon according to law as required by the relevant tax laws of China.

　　Article 19　The two Parties to a Co-operative Firm shall take positive and effective steps to accelerate the transition of the Co-operative Firm to become an international member of the Foreign Party. The period of transition of Co-operative Firms already established before the implementation of these Procedures to become international members shall not be more than five years since the promulgation of these Procedures.

　　PART FOUR　BRANCHES OF A CO-OPERATIVE FIRM

　　Article 20　Co-operative Firms may apply for approval to establish branches for business purposes.

　　The term “branch of a Co-operative Firm” shall mean a branch established in an administrative region at the provincial level other than that of the place where the head office of the Co-operative Firm is located. A branch shall be an non-independent legal person work unit. It shall carry on its practice vis-à-vis third parties in the name of its head office and be subject to the supervision and guidance of the head office. The head office shall be liable for the operations of its branches. The main responsible persons of a branch shall be appointed by the board of directors of the Co-operative Firm and be reported to the Registered Accountants Association of China for the record.

　　The name of a branch shall read： “name of head office + name of place + branch”。

　　Article 21　A Co-operative Firm that wishes to apply for approval to establish a branch shall meet the following conditions：

　　1. The head office has satisfied the following requirements：

　　（1） the board of directors works properly；

　　（2） the functions of the Chinese and Foreign Party's general managers are exercised properly；

　　（3） the Chinese Party's professional personnel at management level account for at least 50 per cent of the total number of personnel at management level；

　　（4） the financial and accounting work of the head office during the last three y

ears complies with the relevant laws and regulations on financial affairs and accounting； and

　　（5） it has not violated any laws or regulations during the last three years.

　　2. The branch shall meet the following conditions：

　　（1） it has at least ten professional employees from the Chinese Party who do not exceed the age limit set by the State for their respective posts， including at least five Chinese registered accountants；

　　（2） it has the necessary working capital； and

　　（3） it has a fixed office site.

　　Article 22　When applying for approval to establish a branch， a Co-operative Firm shall submit the following application documents：

　　（1） an application report；

　　（2） a written report on details in compliance with the conditions set forth in Article 21；

　　（3） the board of directors' letters of appointment of the main responsible persons of the branch；

　　（4） the names， resumes and relevant evidential documents of the Chinese registered accountants and of each Party's management personnel； and

　　（5） evidential documents on the title to or the right to use the office site.

　　Article 23　The application and approval procedures for the establishment of branches shall be the same as those for head offices.

　　Article 24　Following the establishment of a branch， the permanent representative office established in the branch's location by the accounting firm outside the People's Republic of China shall be closed within three months.

　　Article 25　These Procedures shall be effective as of the date of promulgation

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