Further Standardizing Operations and Intensifying Reform of Companies Listed Outside China Opinion
A “company listed outside China” (“Company”) is a company which raises capital outside the country and is one of the types of organizational structure under the modern enterprise system. This structure imposes comparatively high requirements on such areas as corporate management structure and information disclosure. At present the majority of Companies have shown progress in innovating their systems of organization and transforming their operating mechanisms; however, there are also some Companies which have not yet fully completed the transformation of their operating mechanisms, and which demonstrate problems in such areas as operational standardization and internal management. The following opinions concerning operational standardization and intensification of corporate reform are put forward in order to further promote Companies’ strict compliance with the relevant domestic and foreign laws and regulations, their conscientious performance of their continuing obligations toward investors and their establishment of a good corporate image on domestic and foreign capital markets:
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Regulations of the People’s Bank of China on Working Capital of the Branch Offices of Foreign-capital Insurance Corporations
Branches in Shanghai, Guangdong, Hainan, Shenzhen economic zone of the People’s Bank of China:
In order to ensure the normal operation and reduce the risk of operation for the branches of foreign insurance enterprises in our country, according to the Insurance Law of the People’s Republic of China, now the regulation about the working capital of the branch office of foreign-capital insurance corporations is made as follows:
I. The branch offices of the foreign insurance enterprises should be appropriated working capital of no less than 0.1billion RMB or the equivalence convertible currency by their headquarters. The branch offices of the foreign insurance enterprises should withdraw the guaranteed security by 40% of their working capital.
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Circular Concerning Publishing the Second Catalogue of Funds (Surcharges, Fees) to Be Abolished
To implement the Decision of the Chinese Communist Party Central Committee and the State Council on Curbing Acts of Indiscriminately Levying Fees, Fines on Enterprises or Transferring Resources from Enterprises in various forms of Apportionment (Document Zhongfa [1997] No. 14, hereinafter referred to as “Decision”) and to lighten enterprises’ burden in real earnest, it has been decided to publish the second catalogue of funds (including surcharges, fees, the same below) to be abolished with the approval through rectification by the State Council Inter-Ministerial Joint Meeting for Lightening Enterprises’ Burden and with the consent of the State Council leaders. We hereby circulate some points of this matter as follows:
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Rules for the Registration Administration of Legal Representatives of Legal Entities
Article 1 These Rules are formulated for the purpose of standardizing the registration administration of legal representatives of legal entities.
Article 2 These Rules shall be applicable to the registration administration of legal representatives in the registration of legal entities(including registration of companies, the same hereinafter).
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REGULATIONS OF THE PEOPLE’S REPUBLIC OF CHINA GOVERNING EXPORT CONTROL OF MILITARY GOODS
Chapter I General Provisions
Article 1 These Regulations are formulated with a view to enhancing unified export control of military goods and maintaining normal order in the export of military goods.
Article 2 Export of military goods referred to in these Regulations means export for trade purposes of the equipment, special-purpose production equipment and other materiel, technologies and related services to be used for military purposes.
Article 3 The State Control Commission for Military Goods Trade of the People’s Republic of China (here in after referred to as the State Control Commission for Military Goods Trade) shall, under the leadership of the State Council and the Central Military Commission, take charge of the work of military goods export nationwide.
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Circular of the State Administration of Taxation on Questions Concerning the Handling of the Tax Already Levied Related to Stock in the Early Period after Change-over to the Collection of Value-added Tax and Consumption Tax on Enterprises with Foreign Investment
September 15，1994
The tax bureaus of various provinces， autonomous regions and municipalities directly under the Central Government， the tax bureaus of various municipalities separately listed on the State plan：
After studying the question concerning the handling of the already levied tax in stock in the early period related to enterprise with foreign investment， we hereby notify you of the following：
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Official Reply of the State Administration of Taxation on the Issue of Overdue-rent-bad-debt-reserve Transfer for Leasing Enterprises with Foreign Investment (excerpt)
I. The document coded GuoShuiHanFa [1990] No.1174 still shall apply to six-month overdue rent in 1991 for leasing enterprises with foreign investment， but no bad debt reserve is to arise thereupon. Nor should it be deducted from the taxable income of the period when it gets confirmed as bad debt in later years.
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MEASURES FOR PROVIDING SHORT-TERM LOANS IN FOREIGN CURRENCY BY THE BANK OF CHINA
（Approved and promulgated by the State Council on August 30， 1980）
These Measures for providing short-term loans in foreign currency are hereunder formulated with a view to speeding up the socialist modernization programme and， on the basis of self-reliance and by using the foreign currency funds absorbed by the Bank of China， developing production of exports and other economic under-takings and increasing foreign exchange earnings as well.
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Measures of the Customs of the People’s Republic of China for the Administration of Export Supervised Warehouses and the Goods Stored Therein
Order of the General Administration of Customs
No. 133
The “Measures of the Customs of the People’s Republic of China for the Administration of Export Supervised Warehouses and the Goods Stored Therein”, which were adopted upon deliberation at the executive meeting of the General Administration of Customs on November 2, are hereby promulgated, and shall go into effect as of January 1, 2006.
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Measures of the Customs of the People’s Republic of China for the Administration of Bonded Logistic Parks
Order of the General Administration of Customs No.134
The Measures of the Customs of the People’s Republic of China for the Administration of Bonded Logistic Parks, which were adopted upon deliberation at the executive meeting of the General Administration of Customs on November 1st, 2005, are hereby promulgated, and shall go into effect as of January 1st, 2006.
Director General Mou Xinsheng
November 28, 2005.
Measures of the Customs of the People’s Republic of China for the Administration of Bonded Logistic Parks
Chapter I General Provisions
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