工商企字[2000]第261号
颁布日期：20001108 　实施日期：20001108 　颁布单位：国家工商行政管理局

　　GongShangQiZi [2000] No.261

　　November 8, 2000

　　Fujian Administration for Industry and Commerce:

　　We have studied your Request for Instructions on Applicable Regulations for Punishing Enterprises with Foreign Investment for Forging Reports on the Verification of Capital (MinGongShangWaiQiZi [2000] No.498) and now reply as follows:

　　1. The Law of the People's Republic of China on Foreign-capital Enterprises, the Rules for the Implementation¹ of the Law of the People's Republic of China on Foreign-capital Enterprises, the Company Law of the People's Republic of China and the Regulations of the People's Republic of China on Company Registration² Administration are applicable to enterprises with foreign investment operating in the form of companies (hereinafter referred to as enterprises with foreign investment) for violation³ of registration administration laws and regulations.

　　2. Enterprises with foreign investment that fail to contribute their due capital within the prescribed time should be handled in accordance with Article 9 of the Law of the People's Republic of China on Foreign-capital Enterprises and Articles 31 and 32 of the Rules for the Implemenation of the Law of the People's Republic of China on Foreign-capital Enterprises.

　　3. Foreign-capital enterprises that fail to contribute their due capital and submit falsified reports on the verification of capital in exchange for the extension of legal capacity should be handled in accordance with Article 58 of the Regulations of the People's Republic of China on Company Registration Administration.

　　In Article 58 of the Regulations of the People's Republic of China on Company Registration Administration, the phrase "applying for company registration" should contain procedures and process of registration for company establishment, alteration⁴ and other registered-capital related cases. And the phrase "obtaining the company registration" should cover the procurement⁵ of corporate⁶ legal capacity, completion of the alterations⁷ of company registration and the acquisition of such recorded registration results as the extension of corporate legal capacity.

　　4. While foreign-capital enterprises that fail to contribute their due capital may be punished in accordance with the Rules for the Implementation of the Law of the People's Republic of China on Foreign-capital Enterprises, shareholders⁸ that fail to contribute their due capital may be punished in compliance⁹ with Article 60 of Regulations of the People's Republic of China on Company Registration Administration.