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Notice on leasing matters for company establishment

Tuesday, 21 August 2012 09:24

Company based in Shanghai should have legal registered address, therefore, for most foreign investors who are not aware about particular requirements for registered address while searching for a leasing space, based on our long stand expertise, we prepared introduction of basic requirements and matters to pay attention to:

 

  •         Leasing term must be more than one year. The leasing agreement must cover such basic information as area, purpose, rental fees and other basic information...
  •         Leasing agreement on Chinese should be submitted by Government Department.
  •         The purpose of the leasing space of registered address generally the following: office (consulting, trading companies, etc), plant (manufacturing or R&D, etc), commerce (retail companies)
  •         Prior check with landlord and make sure whether there is any other company still registered at this address. There is only one company registered on each address.
  •         Documents required for registration:

1.         Original leasing agreement

2.         A copy of ownership certificate affixed with the company chop. If landlord is a foreign-invested company, it should also provide license affixed with the company chop, with relevant permit for leasing operations in the business scope.

3.         If lessor is an individual, it is required to provide copy of ID and signed by the lessor ownership certificate

4.         If the landlord does not obtain the ownership certificate, it can be usually replaced by the following certificates, depending on the local AIC.

 

1)        Land use certificate;

2)        Construction planning permit;

3)        Construction permit;

4)        Construction completion and acceptance filing certificate;

5)        Street number notification

  •         If the premise is subleased, in addition to the all above materials, you also need to provide the written statement that the subleasing is agreed by the owner of the premise, which also contains detailed address and term of subleasing.
  •         In the process of foreign-invested enterprise registration, lessee to sign leasing agreement generally is proposed foreign-invested enterprise or its investor. If the leasing agreement was signed by its investor, it should clearly state that lease property is for registration of proposed company and after the proposed company is established, its right and obligations will be transferred it.

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Mr. Mike Chang

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