Points To Be Aware Of For the Application of Changing the Director, Supervisor and Manager (Including the Legal Representative) Matter of Wholly Foreign Owned Enterprise ("WFOE")
There were plenty of the established WOFEs in Shanghai who needs to apply the changing formalities of the director, supervisor and manager because of the personnel change by the Investor or such person’s own resignation. We will introduce the points to be aware of during such application based on our wide service experiences
Ø When WOFE applies for changing of the director, supervisor or general manager, if it involves the amendment of AOA, it is required to firstly apply at the original approval authority, and upon its approval, then to apply for the changing (filing) formalities at the competent Administrative bureau of Industry and Commerce (“AIC”). If it does not involve the amendment of AOA, it can directly apply for the changing (filing) formalities at the competent AIC.
Ø Above mentioned as it involves the amendment of AOA will, commonly but not limited, as follows and for your reference:
n The number of the personnel (director, supervisor) is changed;
n If to change the legal representative, it is stated, in the original AOA, the former legal representative’s name;
n If for the joint venture, the shareholders will change the former agreement on the way of appointment as the director and the supervisor;
n If the way of having the legal representative is changed;
Ø The signatory person of the appointment and the removal is subject to the applicable laws and regulations, together with the original AOA of the WOFE.