The relevant provisions governing the increase of registered capital of foreign-invested enterprises are in the “Ministry of Foreign Trade and Economic Cooperation and the State Administration for Industry” and should act or execute in accordance therewith to adjust the total investment and the registered capital. The main contents are:
Any one of the following conditions fulfilled, the registered capital can not be adjusted:
(1) Adjusted amount of registered capital does not comply with the relevant laws and regulations;
(2) companies have economic disputes and has gone into judicial or arbitral proceedings;
(3) CJV contract provided that only after withdrawal of foreign investment and has completed the said recovery and so on.
The procedures for foreign-invested enterprises to increase the registered capital: The Foreign-Invested Enterprises submit the Board resolutions, signed application form and other documents to the approval authority. The relevant authority will reply in writing whether approval or not upon receiving the said documents. Upon exam and approval by the authority, the enterprise should arrange registration in accordance with the relevant provisions of the administrative department for industry and commerce for registration of changes.