国家工商行政管理局企业登记司关于“关于中方企业全额投资外商投资企业，中方企业是否保留独立法人的请示”的复函 Reply of the Department of Enterprise Registration of the State Administration for Industry and Commerce on the Request for Instructions on Whether a Chinese Enterprise May Retain its Capacity as an Independent Business Entity in Case of Full Investment in an Enterprise with Foreign Investment
颁布日期：19871021 实施日期：19871021 颁布单位：国家工商行政管理局
QiWaiZi  No.60
October 21， 1987
Wuhan Administration for Industry and Commerce：
We have studied your Request for Instructions on your Administration on Whether a Chinese Enterprise May Retain its Capacity as an Independent Business Entity in Case of Full Investment in an Enterprise with Foreign Investment （GongShangWaiZi No.67） and now reply as follows：
In view of the fact that a Chinese enterprise making full investment in a Chinese-foreign equity joint venture still needs to execute contracts and statutes， share profits and bear risks as an independent business entity， therefore it should retain its corporate capacity as an independent business entity and be examined and punished for any lawbreaking misconduct.
In future， the name of the newly-established Chinese-foreign equity joint venture should be distinguishable （avoid identical， similar or confusing names） from that of the Chinese enterprise with full investment in the former.
As in the case of Wuhan Jianghan Hotel Co.， ltd. under your administration， since the name of the newly-established joint venture is identical with that of its Chinese investor， we agree to the principle your administration proposed for handling this case in. The case should be properly settled after arbitration.
上一篇： 全国人民代表大会常务委员会关于批准法制工作委员会关于对１９７８年底以前颁布的法律进行清理情况和意见报告的决定 A CATALOGUE OF LAWS GOVERNING FOREIGN-RELATED MATTERS PROMULGATED BEFORE THE END OF 1978 ANDANNOUNCED INVALID WITH THE APPROVAL OF THE STANDING COMMITTEE OF THE SIXTH NATIONAL PEOPLE'SCONGRESS (Note (1))