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Corporate Service - China

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Frequently Asked Questions on the Change of Legal Representative of Shenzhen WFOE

Answer
Q:
Once the company’s legal representative changed, within what time it is required to apply for such changing with the local registry office?
A:
When the company’s legal representative changed, the company should register such change accordingly within 30 days after the decision of legal representative changing.

Q:
What government authorities to be involved while change the legal representative of the company?
A:
The company shall handle such change with local registry office, Ministry of Commerce, Tax Bureau, foreign exchange control bureau and update the company information with its opening banks. In the interim, if the company conducts trading activities, it should also apply for the change of customs registration, inspection and quarantine registration as well as e-port registration.

Q:
Does the bank require the company’s new legal representative to present physically to handle the legal representative’s change?
A:
It depends on the bank. Generally, banks cannot require the company’s new legal representative present physically to handle the legal representative’s change. However, it is required to provide the identification document of the legal representative to apply for such change.

Q:
Does the local registry office, Ministry of Commerce and other relevant authorities require the company’s new legal representative to present physically for the physical verification of the signature when handle the legal representative’s change?
A:
Generally, the relevant authorities cannot require the company’s new legal representative present physically for the physical verification of the signature when handle the legal representative’s change. However, if there are any issues of parent company that lead to the change of Shenzhen’s WFOE legal representative, the authorities may require the legal representative to visit them personally.

Q:
Is it required to amend the Article of Association when applies for company’s legal representative change?
A:
The legal representative information is not recorded in the Articles of Association. Therefore, there is no need to amend the company’s Articles of Association.

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