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Consulado General en Guangzhou

Establecimiento de Cámaras de Comercio

I. Se transcribe a continuación la normativa de la R. P. China relativa al establecimiento de Cámaras de Comercio Extranjeras en Territorio local:

REGULATIONS FOR THE ADMINISTRATION OF FOREIGN CHAMBERS OF COMMERCE IN CHINA

Article 1

The present Regulations are hereby formulated with the purpose of
promoting international trade and economic and technological exchanges,
strengthening the administration of foreign chambers of commerce in China
and protecting their lawful rights and interests.

Article 2

A foreign chamber of commerce in China refers to an organization
which is set up within the Chinese territory by foreign commercial
establishments and persons residing in the Chinese territory, does not
engage in any commercial activities and is not profit-making.

The activities of foreign chambers of commerce in China shall be
aimed at promoting trade and economic and technological cooperation
between their members and China and shall provide facilities to their
members in respect of studying and discussing how to develop international
trade and economic and technological cooperation.

Article 3

Foreign chambers of commerce in China must abide by the laws and
regulations of the People's Republic of China and shall not harm the
national security and social public interest of China.

Article 4

The following prerequisites are required for setting up a foreign
chamber of commerce in China:

(1) Possession of articles of association which reflect the common
intentions of the chamber's members;

(2) Requested by a certain number of sponsoring members and
executives;

(3) Availability of an established office; and

(4) Availability of lawful sources of funds.

Article 5

Foreign chambers of commerce in China shall be set up according to
country origin and may have both organization members and individual
members.

Organization members refer to those which join the chamber in the
name of commercial establishments. Commercial establishments refer to
representative offices and branches of foreign companies, enterprises and
other economic organizations lawfully established in the Chinese
territory.

Individual members refer to those who are staff members of
non-Chinese nationality working in commercial establishments and
enterprises with foreign investment and join the chamber in their own
name.

Article 6

The name of a foreign chamber of commerce in China shall be preceded
by the name of its own country plus the word "China".

Article 7

For the setting up of a foreign chamber of commerce in China, a
written application must be submitted through the China Chamber of
International Commerce to the Ministry of Foreign Economic Relations and
Trade (hereinafter referred as the Examination Authority) for examination.

The Examination Authority shall complete the examination within 60
days after receiving the written application and all the attached
documents mentioned in Article 8,and issue an approval certificate if the
prerequisites in Article 4 are met or reject the written application if
the above-mentioned prerequisites are not met. The Examination Authority
shall give explanations if the examination can not be completed within the
above fixed time range under special circumstances.

Article 8

The written application of a foreign chamber of commerce must be duly
signed by the chief sponsor with the following documents attached to it:

(1) Articles of association of the chamber in quintuplicate, in which
the following contents shall be included:

((1)) Name and address of the chamber;

((2)) Organizational structure of the chamber;

((3)) Names and status of the Chairman, Vice Chairmen and Managing
Director of the chamber;

((4)) Procedure for the admission of its members and the rights and
obligations of its members;

((5)) Activities of the chamber; and

((6)) Financial position of the chamber.

(2) A list of the sponsoring members of the chamber in quintuplicate
with the organization members and individual members listed separately.

For the organization members, the names, addresses, business scopes and
names of the executives shall be indicated. For the individual members,
the names of the commercial establishments or enterprises with foreign
investment to which the individual members belong, positions, personal
resumes or brief accounts of their commercial activities in China shall be
indicated.

(3) Names and resumes of the Chairman, Vice Chairmen and Managing
Director of the chamber in quintuplicate.

Article 9

After the written application for the setting up of a foreign chamber
of commerce in China has been examined and approved by the Examination
Authority, the chief sponsor shall, in accordance with the stipulations of
the present Regulations and other relevant laws and regulations, present
the approval certificate to the Ministry of Civil Affairs of the People's
Republic of China (hereinafter referred to as the Registration Authority)
for registration. A foreign chamber of commerce in China is deemed to be
in existence after it has been registered and a registration certificate
has been issued.

Article 10

A foreign chamber of commerce in China shall keep accounting books in
its office. Its membership fees and other funds obtained in accordance
with the stipulations of its articles of association shall be used to
cover the various expenses specified in its articles of association and
shall not, under any pretence, be used as payments to its members or
remitted out of the Chinese territory.

Article 11

Foreign chambers of commerce in China shall each submit in January of
every year a report on its activities in the previous year to the
Examination Authority and the Registration Authority through the China
Chamber of International Commerce.

The China Chamber of International Commerce shall provide foreign
chambers of commerce in China with consultancy services for their
activities and contacts with relevant Chinese authorities.

Article 12

When a foreign chamber of commerce in China needs to amend its
articles of association or change its Chairman, Vice Chairmen, Managing
Director or the address of its office, it must apply for examination and
approval and register for the changes through the procedures laid down in
Articles 7, 8 and 9.

Article 13

Foreign chambers of commerce in China shall accept the supervision of
relevant Chinese authorities.

Should a foreign chamber of commerce in China violate the present
Regulations, the Registration Authority has the right to decide on
punishments in the forms of fine, suspending its activities within a time
limit, revoking its registration or ordering to ban it.

Article 14

When a foreign chamber of commerce in China is to dissolve, it must
submit an application duly signed by its Chairman together with a
certificate proving the completion of its liquidation to the Registration
Authority for cancelling its registration and to the Examination Authority
for the record.

Any foreign chamber of commerce in China must stop its activities as
from the date when it returns its registration certificate to the
Registration Authority.

Article 15

The present Regulations shall come into effect as from July 1, 1989.

 

II. Para mayor información, consulte la Guía para el Establecimiento de Cámaras de Comercio Extranjeras en la R. P. China.

 

III. Asimismo, recomendamos la lectura de los siguientes enlaces del Ministerio de Asuntos Civiles de la R.P. China relativos al establecimiento de Cámaras de Comercio Extranjeras (en chino):

http://www.mca.gov.cn/article/fw/bszn/wgsh/

http://www.mca.gov.cn/article/lxwm/

 

IV. Por último, se precisan a continuación algunos extractos sustanciales de la legislación vigente en materia de consecuencias legales derivadas del funcionamiento de organizaciones comerciales y sociales no registradas:

Order 250 of the State Council.

Article No. 35 (Principles of Social Organization Registration Administration (including Foreign Chambers): The non registered social organizations, including the organizations that have been prohibited, carry out activities will be banned by Ministry of Civil Affairs (MCA) of P.R.C. MCA will confiscate their assets. If the activities have constituted crimes, the responsible person will be take the criminal responsibilities; if they have not constituted crimes, they will be punished by security administration rules.

http://www.mca.gov.cn/article/yw/shjzgl/fgwj/201507/20150700850197.shtml

Order No. 21 of the Ministry of Civil Affairs of the P.R.C.

Article No. 4 (Regulations of Prohibiting Illegal Social Organization): The local Civil Affairs Ministry is in charge of the prohibition of illegal social organizations. The National Civil Affairs Administration is in charge of the trans-provincial (autonomous region\province-level municipality)illegal organizations prohibition.

http://www.mca.gov.cn/article/gk/fg/shzzgl/201507/20150700849516.shtml