外商投资广告企业管理规定 Administration of Foreign-invested Advertising Enterprises Provisions

　A foreign-invested advertising enterprise applying to establish a branch shall fulfil the following basic conditions：

　　1. the registered capital shall be fully paid up； and

　　2. the annual advertising business volume shall not be less than Rmb 20 million.

　　Article 12　To apply to establish a Sino-foreign Advertising Joint Venture， the major Chinese party to the joint venture shall submit the following documents to the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level in accordance with the procedures stipulated in Article 6：

　　1. an application for establishment of Sino-foreign Advertising Joint Venture；

　　2. a notice of the preliminary approval of the enterprise name；

　　3. resolution of the shareholders' meeting （board of directors） of the parties to the joint venture；

　　4. a project proposal for the establishment of a Sino-foreign Advertising Joint Venture and a feasibility study report jointly prepared by all parties to the joint venture；

　　5. registration certificate of all parties to the joint venture；

　　6. proof of creditworthiness of all parties to the joint venture；

　　7. advertising administration system； and

　　8. an opinion after preliminary examination of the local administration for industry and commerce.

　　Article 13　To apply to establish a Sino-foreign Advertising Joint Venture， the following documents shall be submitted to the department in charge of commerce at the provincial level in accordance with the procedures stipulated in Article 6：

　　1. an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce or its authorized administration for industry and commerce at the provincial level；

　　2. the contract and the articles of association for the establishment of a foreign-invested advertising enterprise；

　　3. the feasibility study report for the project；

　　4. registration certificate of all p

arties to the joint venture；

　　5. proof of creditworthiness of all parties to the joint venture；

　　6. a notice of the preliminary approval of the enterprise name；

　　7. the name list of the board of directors of the joint venture and the instrument of appointment of directors of all parties to the joint venture； and

　　8. an opinion after preliminary examination of the local department in charge of commerce.

　　Article 14　To apply to establish a wholly foreign-owned advertising enterprise， an investor shall submit the following documents to the State Administration for Industry and Commerce in accordance with the procedures stipulated in Article 7：

　　1. an application for establishment of a foreign-invested advertising enterprise；

　　2. resolution of the shareholders' meeting （board of directors） of the investor；

　　3. project proposal and feasibility study report prepared by the investor；

　　4. registration certificate of the investor；

　　5. proof of creditworthiness of the investor； and

　　6. a notice of the preliminary approval of the enterprise name.

　　Article 15　To apply to establish a wholly foreign-owned advertising enterprise， a foreign investor shall submit the following documents to the Ministry of Commerce in accordance with the procedures stipulated in Article 7：

　　1. an application for establishment of a foreign-invested advertising enterprise；

　　2. an “Examination and Approval of a Project of a Foreign-invested Advertising Enterprise Opinion” issued by the State Administration for Industry and Commerce；

　　3. project proposal and feasibility study report prepared by the investor；

　　4. registration certificate of the investor；

　　5. proof of creditworthiness of the investor； and

　　6. the articles of association for establishment of a wholly foreign-owned advertising enterprise.

　　Article 16　A foreign-invested advertising enterprise applying to establish a branch shall submit the following documents to the department in charge of commerce at the provincial level and the administration for industry and commerce at the same level in accordance with the procedures stipulated in Article 8：

　　1. an application for establishment of a branch of a foreign-invested advertising enterprise；

　　2. resolution of the board of directors；

　　3. an annual audit report of its business performance in advertising；

　　4. the business licence of the enterprise；

　　5. proof of business premises； and

　　6. the capital contribution verification report of the enterprise.

　　Article 17　If， after a foreign-invested advertising enterprise has been established， it is in any of the following circumstances， it shall separately report for approval in accordance with the procedures stipulated in Articles 6 and 7 hereof and handle amendment of registration of enterprise：

　　1. change in a party to the joint venture or transfer of equity；

　　2. change in the scope of advertising business； or

　　3. change in the registered capital.

　　Article 18　Foreign investors investing in and establishing advertising enterprises may entrust an intermediary service agency with the corresponding qualifications to handle application procedures on their behalf.

　　Article 19　All documents submitted in accordance with these Provisions shall be written in Chinese.

　　Article 20　Investment in the advertising industry through merger and acquisition of domestic advertising enterprises shall be handled in accordance with the relevant provisions regarding merger and acquisition of domestic enterprises by foreign investors and these Provisions.

　　Article 21　Investment in and establishment of advertising enterprises in the mainland by investors from Hong Kong， Macao and Taiwan regions shall， mutatis mutandis， be handled in accordance with

these Provisions.

　　Article 22　Applications for increase in advertising business operations of foreign-invested enterprises shall， mutatis mutandis， be handled in accordance with these Provisions.

　　Article 23　Beginning from the date of implementation of these Provisions， foreign investors are permitted to own majority equity in Sino-foreign Advertising Joint Ventures， but the equity ratio may not exceed 70%. Beginning from 10 December 2005， the establishment of wholly foreign-owned advertising enterprises shall be permitted.

　　Article 24　The State Administration for Industry and Commerce and the Ministry of Commerce shall be responsible for interpreting these Provisions.

　　Article 25　These Provisions shall be implemented as of the date of promulgation. The Establishment of Foreign-invested Advertising Enterprises Several Provisions （gong shang guang zi [1994] No. 304） promulgated by the State Administration for Industry and Commerce and the Ministry of Foreign Trade and Economic Cooperation shall be repealed simultaneously. Other documents that conflict with these Provisions shall simultaneously become ineffective

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