Notice of the Ministry of Commerce on the examination and approval of foreign-invested venture capital enterprises and venture capital Management Enterprises

Circular of the Ministry of Commerce on the examination and approval of foreign-funded venture http://www.aliyun.com/zixun/aggregation/11497.html "> Investment enterprises and venture capital Management Enterprises

(Business Letter [2009]9 No.)

Provinces, autonomous regions, municipalities, separately listed cities, Harbin, Changchun, Shenyang, Jinan, Nanjing, Hangzhou, Guangzhou, Wuhan, Chengdu, Xi ' an, Xinjiang corps of Business departments, national Economic and technological Development zone:

In order to further transform the government functions, standardize the approval of foreign investment and improve work efficiency, it is hereby notified as follows:

One, the total capital of 100 million U.S. dollars (including 100 million U.S. dollars) foreign investment venture capital Enterprises, foreign investment venture capital Management enterprises and the establishment and change by the provinces, autonomous regions, municipalities, listed cities, Harbin, Changchun, Shenyang, Jinan, Nanjing, Hangzhou, Guangzhou, Wuhan, Chengdu, Xian, The competent department of commerce in Xinjiang Corps (hereinafter referred to as provincial commercial authorities) and state-level economic and technological development zone shall be responsible for audit and management.

Second, the provincial Department of Commerce and State-level economic and technological development zone should be strictly in accordance with the "Foreign investment venture capital Enterprise management provisions" and the relevant national laws and regulations and relevant policy requirements of the review, in the receipt of all materials submitted within 30 days of approval or not to approve the written decision. For the establishment of foreign-funded venture capital enterprises, the application should be in writing to peer science and technology management departments. For approval, the provincial Department of Commerce and the state-level economic and technological development zone shall issue a certificate of approval for foreign-funded enterprises, fill out the record sheet of foreign-invested venture capital enterprises (see annex), and record it to the Ministry of Commerce immediately through the approval management system of foreign investment enterprises.

Third, the Ministry of Commerce approved the establishment of foreign investment venture capital Enterprises, foreign investment venture Capital Management Enterprise follow-up changes (foreign investment venture capital enterprises to increase more than 100 million U.S. dollars and the necessary change of investors, except), by the provincial commercial authorities and national economic and technological Development zone approval.

Iv. provincial commercial departments and state-level economic and technological development zones shall not be allowed to delegate the approval of other local departments, and the audit management process should be reported in a timely manner to the Ministry of Commerce, if there is a violation of the examination and approval behavior, the Ministry of Commerce will, depending on the situation to inform criticism or

V. Venture capital Enterprises should fill in the "Foreign investment venture capital Enterprise situation record form" in March each year, will report the last year's fund raising and the use and so on the provincial Commerce competent department and the State-level economic and technological development zone. The provincial Department of Commerce and the state-level economic and technological development zone shall issue record certificates as one of the audit materials for venture investment enterprises to participate in joint annual inspection. Provincial commercial departments and state-level economic and technological development zone should be summarized in May to the Ministry of Commerce.

This notice is executed from the date of release.

hereby inform.

Appendix: The record form of foreign investment venture capital Enterprises

China Ministry of Commerce March 5, 2009

Annex：

Enterprise Name English name registered address shareholder and capital contribution total amount of funds in which: the actual contribution of the Chinese investor's name to the amount of capital is the proportion of the total amount of funds (if the Chinese capital is related to state-owned assets, private assets, should be explained) The name of the foreign investor and the actual amount of capital contribution of the country/region of the registered place to the total amount of funds (the foreign party should indicate the actual controller and its registered place) Capital Management capital of the total amount of investment in Business Administration equity investments 　 　 　 　 　 Year-on-year investment in agricultural, forestry, animal husbandry, fishery mining industry manufacturing pharmaceutical manufacturing equipment manufacturing materials industry Chemical industry Computer hardware industry communication equipment manufacturing software industry