Published by ChinaMNC · Xichang

Registering a company in China: documents, steps and timeline

A practical guide for founders setting up a company in Xichang, Sichuan, covering required documents, registration steps, and expected timelines under China's company law and local procedures.

Registering a company in China: documents, steps and timeline

For founders considering Xichang, Sichuan, as the base for a China operation, understanding the company registration process is essential. This guide outlines the typical documents, steps, and timelines involved when setting up a limited liability company (LLC) in Xichang. It reflects general procedures under China's Company Law and the common practices of local authorities. Always verify current requirements with the Xichang Administration for Market Regulation (AMR) or a qualified local advisor.

Before you start: key considerations

Foreign founders typically establish a wholly foreign-owned enterprise (WFOE) or a joint venture (JV) with Chinese partners. The most common vehicle is a limited liability company. Before preparing documents, decide on:

• Company name (in Chinese) – must be unique and follow naming rules; reserve it via the AMR online system.
• Registered address – a physical office or approved virtual address in Xichang; required for registration and tax.
• Business scope – define activities; some require pre-approval (e.g., education, healthcare).
• Registered capital – no minimum for most industries, but must be realistic and subscribed within the period stated in the articles (typically 5–10 years).
• Legal representative – can be a foreigner; needs to be available for signatures and background checks.

Required documents

Documents must be in Chinese or accompanied by a Chinese translation. Foreign documents often require notarization and legalization (or apostille under the Hague Convention, where applicable) and may need consular authentication.

For foreign corporate shareholders

• Certificate of incorporation (notarized and legalized).
• Articles of association of the parent company.
• Board resolution authorizing the investment.
• Passport copies of the authorized signatory.
• Proof of address of the parent company.

For foreign individual shareholders

• Passport copy (notarized and legalized).
• Resume and proof of address (sometimes required).

For the new company

• Company name reservation notice.
• Articles of association (signed by all shareholders).
• Lease agreement for the registered address and property ownership certificate.
• Appointment documents for legal representative, directors, supervisors, and manager.
• Capital contribution plan.
• Application form for establishment registration (available online).

Local AMR may request additional documents depending on the business scope, such as industry-specific approvals. Keep digital and physical copies ready.

Step-by-step registration process

Step 1: Name reservation

Submit 3–5 proposed Chinese names via the Sichuan AMR online portal or at the Xichang AMR window. The name must not conflict with existing registrations. Approval typically takes 1–3 working days. The reservation is valid for 6 months.

Step 2: Prepare and notarize documents

Gather and notarize/legalize foreign documents. This can take 2–6 weeks depending on your home country's procedures. Ensure translations are accurate; a local translation agency can help.

Step 3: Submit establishment application

File the application online through the Sichuan Government Service Network or in person at Xichang AMR. Include all required documents. The AMR will review for completeness and compliance. If issues arise, you may be asked to supplement materials.

Step 4: Obtain business license

Once approved, you receive the business license (电子营业执照 or paper). This is the legal existence of your company. Typically issued within 3–7 working days after a complete submission, though foreign-invested enterprises may take longer.

Step 5: Post-registration filings

• Carve company seals (official seal, financial seal, legal representative seal, invoice seal) at a licensed seal-making shop. Takes 1–2 days.
• Open a bank account – basic account and foreign currency account if needed. Banks require the business license, seals, and legal representative's ID. Processing: 1–2 weeks.
• Tax registration – register with the tax authority and obtain a unified social credit code (already on the business license). Sign a tripartite agreement for tax payments. Usually completed within 1 week.
• Foreign exchange registration – if foreign capital is involved, register with SAFE (State Administration of Foreign Exchange) via the bank. Required before capital can be converted.
• Social insurance and housing fund registration – mandatory if you hire employees. Register with local authorities within 30 days of hiring.

Step 6: Capital contribution

Foreign shareholders can remit capital after the bank account and SAFE registration are complete. The subscribed capital must be paid within the period stated in the articles. Keep proof of remittance for audits.

Timeline overview

The total timeline depends on document readiness and approvals. A realistic estimate for a straightforward WFOE in Xichang:

• Name reservation: 1–3 working days.
• Document notarization/legalization: 2–6 weeks (varies by country).
• Establishment approval and business license: 1–4 weeks (including possible supplements).
• Seals and bank account: 1–3 weeks.
• Tax and related registrations: 1–2 weeks.
• Total: 6–12 weeks from start to operational, assuming no complications.

Note that foreign-invested enterprises may face additional review under the foreign investment negative list if the business scope involves restricted sectors. Xichang, as a city in Sichuan, follows national and provincial regulations; local incentives may exist but should be confirmed with the Xichang Commerce Bureau.

Practical tips for Xichang

• Engage a local registered agent or law firm to navigate paperwork and communication with authorities.
• Ensure your registered address is legitimate; virtual addresses are sometimes accepted but verify with AMR.
• Keep all documents consistent (e.g., company name, address) across applications.
• Budget for translation, notarization, and legalization costs, which vary by provider.
• Check if your industry requires a specific license (e.g., food, education) before registering.

Disclaimer

This article provides general information and does not constitute legal, tax, or investment advice. Procedures and requirements may change. Consult a qualified professional and the Xichang Administration for Market Regulation for the most current guidance before proceeding.