Is the foreign-funded enterprise in Shantou listed?

At present, there are no legal obstacles for foreign-invested enterprises to go public, and foreign-invested enterprises in all regions can go public. Matters needing attention in the listing of Sino-foreign joint ventures: enterprises should first be transformed from limited companies into joint-stock companies. For foreign-invested joint-stock companies, the provisions of relevant laws and regulations are complicated, but there are no substantive obstacles.

According to the Interim Provisions on Several Issues Concerning the Establishment of Foreign-invested Joint-stock Companies (MOFTEC Order No.2004) 1995 No 1), Opinions on Relevant Issues Concerning Foreign Investment of Listed Companies (MOFTEC [20065438+0] No.538) and Strengthening the Examination and Approval, Registration, Foreign Exchange and Taxation of Foreign-invested Enterprises No.575), Implementation Opinions on Several Issues Concerning the Application of Laws in the Administration of Examination and Registration of Foreign-invested Companies (No.81of the Ministry of Commerce [2006]), Notice of the Ministry of Commerce on the Decentralization of Foreign-invested Joint-stock Companies, Enterprise Changes and Examination and Approval (No.50 of the Ministry of Commerce [2008]), etc. When a foreign-invested enterprise is reorganized into a joint stock limited company, it should pay special attention to the following matters:

(1) The establishment of a foreign-invested joint stock limited company shall meet the following conditions:

(1) To establish a foreign-invested joint stock limited company by way of sponsorship, with a minimum registered capital of 30 million yuan. Within 90 days from the date of issuance of the approval certificate for the establishment of a joint stock limited company, the promoters shall pay the subscribed shares in full at one time.

(2) Established foreign-invested enterprises such as Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-funded enterprises may apply to be changed into foreign-invested joint-stock companies if they have a profit record for the last three consecutive years.

(3) Established state-owned enterprises and collective enterprises that have been operating for more than five years and have been making profits continuously in the last three years may also apply for transformation into foreign-invested joint stock limited companies.

(4) An established joint stock limited company may be changed into a foreign-invested joint stock limited company by means of capital increase and share expansion, share conversion, and issuance of domestically listed foreign-funded shares or overseas listed foreign-funded shares.

⑤ A natural person from China, a former domestic company, has held shares in the original company for more than 1 year, and can continue to be a Chinese investor in a foreign-invested enterprise after approval of the change. For the time being, natural persons in China are not allowed to set up foreign-invested enterprises with foreign investors by means of new establishment or acquisition.

⑥ Report to the Ministry of Commerce for approval. The establishment and change of foreign-invested joint stock limited companies below the designated size (US$ 654.38 billion and US$ 50 million in the catalogue of encouraged, permitted and restricted industries for foreign investment) shall be examined and approved by the provincial commerce authorities, while the industries above the designated size, industries with special provisions for foreign investment, specific industrial policies and macro-control industries shall still be examined and approved by the Ministry of Commerce.

All landowners shall comply with the provisions of the state on industrial policies of foreign-invested enterprises.

(8) If the proportion of foreign investors' capital contribution is less than 25%, the registration shall be examined and approved in accordance with the same examination and approval procedures, except as otherwise provided by laws and administrative regulations. If it is approved, a certificate of approval for foreign-invested enterprises with the words "the proportion of foreign investment is less than 25%" will be issued; For registered enterprises, the business license of foreign-invested enterprises with the words "the proportion of foreign investment is less than 25%" shall be issued after the "enterprise type". Unless otherwise stipulated by laws and administrative regulations, imported equipment and articles for personal use under its total investment shall not enjoy the treatment of tax reduction or exemption, and other taxes shall not enjoy the treatment of foreign-invested enterprises.

(2) A foreign-invested joint stock limited company that publicly issues shares and goes public shall meet the following requirements in addition to the requirements of the Company Law and the Securities Law:

(1) It conforms to the industrial policy of foreign investment, and the business scope of the company conforms to the requirements of the Provisions on Guiding the Direction of Foreign Investment, the Catalogue of Industries with Foreign Investment and the Catalogue of Industries with Foreign Investment Advantages in the Central and Western Regions.

(2) It has passed the joint annual inspection of foreign-invested enterprises three years before applying for listing.

(3) After listing and issuing shares, the proportion of foreign shares in the total share capital shall not be less than 10%.

(4) Foreign-invested joint stock limited companies that require Chinese holding (including relative holding) or have special provisions on Chinese shareholding ratio shall continue to maintain Chinese holding position or shareholding ratio according to the requirements of relevant laws and regulations after listing.

(5) Other conditions that meet the requirements of relevant laws and regulations on stock issuance and listing.

(3) A foreign-invested company limited by shares shall, in addition to the general provisions of the China Securities Regulatory Commission on the contents and format of the prospectus, also follow the requirements of the Special Provisions on the Contents and Format of the Prospectus of Foreign-invested companiesNo. 17.

(4) When a foreign-invested joint stock limited company issues shares to the public for the first time and goes public, it shall provide the approval certificate and business license of the foreign-invested joint stock limited company that has passed the joint annual inspection in addition to the required materials to the China Securities Regulatory Commission; After the issuance is completed, you should go to the provincial commerce department (below the quota) or the Ministry of Commerce (above the quota) to go through the formalities for changing legal documents.

The aforementioned provisions on the establishment of foreign-invested joint stock limited companies have a long time span and are inconsistent with the Company Law. The specific applicable standards shall be subject to the actual implementation of relevant departments.