国家工商行政管理总局关于外商投资企业股权争议问题处理意见的通知 Circular of the State Administration for Industry and Commerce Concerning the Opinions on Handling Disputes over Stock Equity of Enterprises with Foreign Investment
颁布日期：20020220 实施日期：20020220 颁布单位：国家工商行政管理总局
GongShangWaiQiZi  No.38
February 20, 2002
The administrations for industry and commerce of all provinces, autonomous regions and municipalities directly under the Central Government and the administrations for industry and commerce of the authorized cities:
Recently, the State Administration for Industry and Commerce has continually received complaints and reports on disputes over stock equity of enterprises with foreign investment. The opinions on handling the relevant issues are hereby put forward as follows:
1. Based on the existing laws and regulations, an enterprise with foreign investment shall be confirmed according to the status of its investors, source of fund, the proportion of the foreign fund and the industry policies, and shall be established according to legal procedures.
2. Where a dispute over the investment ownership of enterprise with foreign investment arises between the relevant parties and reconfirmation is needed, the legal procedures for examination and approval and the legal procedures for examination and approval for alteration shall be gone through, according to the actual contribution of investment and upon the unanimous agreement of the parties or after the judicial or arbitration organs confirm the ownership according to law.
3. The relevant parties that provide false documents and cheat to obtain the registration during the process of examination, approval and registration shall bear the corresponding legal liabilities.
下一篇： 对外贸易经济合作部、国家外汇管理局关于加强技术进口合同售付汇管理的通知 Circular of the Ministry of Foreign Trade and Economic Cooperation (MOFTEC) and the State Administration of Foreign Exchange (SAFE) on Strengthening the Administration of Foreign Exchange Sale and Payment Related to Technology Import Contracts