外商投资创业投资企业管理规定 Administration of Foreign-invested Venture Investment Enterprises Provisions

istration certificate shall be one of the necessary materials for joint annual inspection of the Venture Investment Enterprise. Where the afore-mentioned record filing requirements are not fulfilled， the Examination and Approval Authority shall impose a corresponding penalty after consultation with the relevant departments of the State Council.

　　Article 46　If the ratio of the actual capital contribution of the Foreign Investors of the investing Venture Investment Enterprise or the ratio of the total investment of the Foreign Investors of the investing Venture Investment Enterprise is at least 25% of

the registered capital of the Investee， the Investee shall be entitled to the relevant preferential treatment for foreign-invested enterprises. If the ratio of the actual capital contribution of the Foreign Investors of the investing Venture Investment Enterprise or the ratio of the total investment of the Foreign Investors of the investing Venture Investment Enterprise is at least 25% of the registered capital of the Investee， such Investee shall not be entitled to the relevant preferential treatment for foreign-invested enterprises.

　　Article 47　After an established domestic enterprise having Chinese natural person investor（s） is invested in by a Venture Investment Enterprise and converted into a foreign-invested enterprise， it may continue to maintain the shareholder（s）' status of its original Chinese natural person investor（s）。

　　Article 48　If a responsible person of the operation and management organization of a Venture Investment Enterprise or a responsible person of a venture investment management enterprise carries out an illegal operation， his liability shall be pursued in accordance with the law and， if the circumstances are serious， he may not continue to engage in venture investment and related investment management activities.

　　PART EIGHT　SUPPLEMENTARY PROVISIONS

　　Article 49　The investment in， and establishment of， Venture Investment Enterprises in mainland China by investors from the Hong Kong Special Administrative Region， the Macao Special Administrative Region and the Taiwan region shall， mutatis mutandis， be handled in accordance with these Provisions.

　　Article 50　The Ministry of Foreign Trade and Economic Cooperation， the Ministry of Science and Technology， the State Administration for Industry and Commerce， the State Administration of Taxation and the State Administration of Foreign Exchange are in charge of interpreting these Provisions.

　　Article 51　These Provisions shall be implemented as of 1 March 2003. The Establishment of Foreign-funded Venture Investment Enterprises Tentative Provisions issued by the Ministry of Foreign Trade and Economic Cooperation， the Ministry of Science and Technology and the State Administration for Industry and Commerce on 28 August 2001 shall be repealed simultaneously

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