Foreign-invested enterprises engaged in leasing business for foreign-invested leasing companies; foreign-invested enterprises engaged in financial leasing business for foreign-invested financial leasing companies. Article 4 Foreign-invested leasing companies and foreign-invested financial leasing companies shall comply with the provisions of the relevant laws, rules and regulations of the People's Republic of China, and their legitimate business activities and legal rights and interests shall be protected by Chinese laws.
The Ministry of Commerce is the competent authority for foreign-invested leasing industry and the approval and management department. Article 5 The leasing business referred to in these Measures refers to the business in which the lessor delivers the leased property to the lessee for use and income and collects rent from the lessee.
The financial leasing business referred to in these measures means that the lessor, according to the lessee's choice of the seller and the leased property, purchases the leased property from the seller, provides the lessee with the use of the leased property, and collects the rent from the lessee.
Foreign-invested financial leasing companies can take direct leasing, subleasing, leasing back, leveraged leasing, entrusted leasing, joint leasing and other different forms of financial leasing business. Article 6 The leased property referred to in these Measures includes:
(1) various types of movable assets such as production equipment, communication equipment, medical equipment, scientific research equipment, inspection and testing equipment, engineering machinery and equipment, office equipment, etc.
(2) various types of transportation such as airplanes, automobiles, ships, etc.
(3) software attached to the movable assets and transportation referred to in items (1) and (2) of this Article, technology and other intangible assets, but the value of the attached intangible assets shall not exceed one-half of the value of the leased property. Article 7 The total assets of foreign investors in a foreign-invested leasing company and a foreign-invested financial leasing company shall not be less than five million dollars. Article 8 A foreign-invested leasing company shall comply with the following conditions:
(1) the registered capital shall be in accordance with the relevant provisions of the Company Law;
(2) it shall be in accordance with the relevant provisions on the registered capital and the total amount of investment of the foreign-invested enterprises;
(3) the operation period of a foreign-invested leasing company in the form of a limited liability company shall not exceed 30 years in general. Article 9 A foreign-invested financial leasing company shall comply with the following conditions:
(1) the registered capital shall not be less than 10 million US dollars;
(2) the operating term of a foreign-invested financial leasing company in the form of a limited liability company shall not exceed 30 years in general.
(3) It shall have appropriate professional staff, and its senior management shall have appropriate professional qualifications and not less than three years of experience. Article 10 The establishment of a foreign-invested leasing company and a foreign-invested financial leasing company shall submit the following materials to the examination and approval department:
(1) application form;
(2) feasibility study report signed by the investing parties;
(3) contract and articles of incorporation (only articles of incorporation shall be submitted by the foreign-invested enterprises);
(4) proof of the creditworthiness of the investing parties in the bank, certificate of registration (copy), certificate of legal representative, and certificate of the investment in the company. (copy), legal representative identification (copy);
(v) audit report of the investment parties for the latest year audited by the accounting firm;
(vi) list of the board of directors and letter of appointment of the directors of the investing parties;
(vii) qualification certificates of the senior management personnel;
(viii) notice of pre-approval of enterprise name issued by the administrative department of industry and commerce;
(viii) notification of pre-approval of enterprise name issued by the administrative department of industry and commerce;
Where an application is made for the establishment of a joint stock limited company, other materials required by the relevant regulations shall also be submitted. Article 11 The establishment of a foreign-invested leasing company and a foreign-invested financial leasing company shall be handled in accordance with the following procedures:
(1) For the establishment of a foreign-invested leasing company in the form of a limited liability company, the investor shall submit all the materials stipulated in Article 10 of the present Measures to the competent department of commerce at the provincial level in the place where the enterprise is to be established, and the competent department of commerce at the provincial level shall make a decision on whether or not to grant approval within 45 working days from the date of receiving all the application materials. Within 45 working days from the date of receipt of all the application materials, the competent department of commerce at the provincial level shall make a decision on whether to approve the establishment of the enterprise, and if the establishment is approved, it shall issue a Certificate of Approval for Foreign Invested Enterprises. The competent department of commerce at the provincial level shall submit the approval document to the Ministry of Commerce for record within 7 working days after approving the establishment of the foreign-invested leasing company. The establishment of a foreign-invested leasing company in the form of a joint stock limited company shall be handled in accordance with the relevant provisions.
(2) The establishment of a foreign-invested financial leasing company shall be submitted by the investor to the competent department of commerce at the provincial level where the enterprise is to be established to submit all the materials stipulated in Article 10 of these Measures. The competent department of commerce at the provincial level shall, after preliminary examination of the application documents submitted, submit the application documents and the opinion of the preliminary examination to the Ministry of Commerce within 15 working days from the date of receipt of all the application documents. The Ministry of Commerce shall make a decision on whether to approve the application within 45 working days from the date of receipt of all the application documents, and issue the Certificate of Approval for Foreign Invested Enterprises if the establishment is approved, or give reasons in writing if the establishment is not approved.
(C) the established foreign-invested enterprises applying for leasing business, shall comply with the conditions set forth in these Measures, and in accordance with the procedures set forth in paragraph (a) of this Article, change the corresponding scope of business in accordance with the law.