The Required Documents of Alteration of Chinese-foreign Joint Venture

1.  Application for Alteration of a Foreign-invested Enterprise signed by the Legal Representative;
2.  Resolution of Board of Directors;

3 . Waiver of preemptive right by other investors;

4.  Agreement on the Transfer of Company Shares or Agreement on the Termination of the Chinese-foreign cooperative contract；
5.  Amendment of the contract & articles of association；
6.  Written reply by the governing authority;
7.  Business License (original & duplicates)；

8.  Certification of Approval (duplicate 1)；
9.  Certificate of New investors’ Commencement issued by its local authority;
10.  Reference letter of foreign investors’ banking credibility;
11. Other relevant required documents and credentials.

Detail information of Revision, Alteration and Termination of Chinese-foreign cooperative contract
 

According to Article 58 of Sino-foreign Equity JV Company Contract, The revision of the JV Company Contract and its attachments shall be effective after a written agreement is signed by the parties to the JV Company and approved by the original examination and approval authority.
 

According to Article 59 of Sino-foreign Equity JV Company Contract, In case this Contract is unable to be performed due to force majeure or if the joint venture incurs losses in successive years and is unable to continue its operation, the JV company may be terminate its business operation and the JV Company Contract in advance upon the unanimous approval of the board of directors and the approval of the original examination and approval authority.
 

According to Article 60 of Sino-foreign Equity JV Company Contract, Any failure of one party to perform the obligations specified in this Contract or articles of association or any serious violation of the stipulation of contract or articles of association, which causes the JV Company unable to operate or unable to achieve its business goals specified in this Contract, shall be deemed as unilateral rescission of contract by the breaching party, and the other parties have the right to, in addition to claim for damages from the breaching party, apply for termination of this Contract with the original examination and approval authority pursuant to the stipulation of this Contract. In case the parties to the JV Company agree to continue to operate, the breaching party shall compensate the JV Company's economic losses.

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