外商投资租赁业管理办法.docx

外商投资租赁业管理办法商务部令 2005 年第 5 号（Promulgated by the Ministry of Commerce on 3 February 2005 and effective as of 5 March 2005.）颁布日期：20050203 　实施日期：20050305 　颁布单位：商务部Article 1　These Procedures have been formulated in accordance with the PRC， Contract Law， the PRC， Company Law， the PRC， Wholly Foreign-owned Enterprise Law， the PRC， Sino-foreign Equity Joint Venture Law， the PRC， Sino-foreign Cooperative Joint Venture Law and other relevant laws and regulations in order to promote the healthy development of foreign investment in the leasing industry， regulate the business activities of foreign investment in the leasing industry and safeguard against business risks.Article 2　These Procedures apply to the establishment of foreign-invested enterprises by foreign companies， enterprises and other economic organizations （Foreign Investors） in the form of Sino-foreign equity joint venture， Sino-foreign cooperative joint venture and wholly foreign ownership in the People‘s Republic of China to engage in leasing business or finance leasing business， and their operation of business activities.Article 3　Foreign investment in the leasing industry may take the form of limited liability company or company limited by shares.Foreign-invested enterprises that engage in leasing business are foreign-invested leasing companies. Foreign-invested enterprises that engage in finance leasing business are foreign-invested finance leasing companies.Article 4　Foreign-invested leasing companies and foreign-invested finance leasing companies shall comply with the relevant laws， regulations and rules of the People‘s Republic of China. Their legitimate business activities and lawful rights and interests shall be protected by the Chinese law.The Ministry of Commerce shall be the competent industry authority and the examination and approval administrative authority for foreign investment in the leasing industry.Article 5　For the purposes of these Procedures， the term “leasing business” shall mean the business whereby the lessor delivers the leased property to the lessee for use and benefits， and collects rent from the lessee therefor.For the purposes of these Procedures， the term “finance leasing business” shall mean the business whereby the lessor purchases the leased property from a vendor based on the selection of leased property and vendor by the lessee， provides such property to the lessee for use， and collects rent from the lessee.Foreign-invested finance leasing companies may carry out finance leasing business by means of direct leasing， sub-leasing， leasing back， leveraged leasing， entrusted leasing， joint leasing， etc.Article 6　For the purposes of these Procedures， the term “leased property” shall include：1. various types of movable property such as production equipment， communications equipment， medical equipment， scientific research equipment， inspection and testing equipment， engineering machinery and equipment， and office equipment；2. means of transportation such as airplanes， motor vehicles and vessels； and3. intangible assets such as software and technologies accompanying the movable property and means of transportation specified in Items （1 ） and （2） of this Article， provided that the value of such intangible assets does not exceed half of the value of the leased property.Article 7　The total assets of the foreign investor of foreign-invested leasing companies and foreign-invested finance leasing companies shall not be less than US$5 million.Article 8　Foreign-invested leasing companies shall satisfy the following conditions：1. the registered capital complies with the relevant provisions of the Company Law；2. compliance with the relevant provisions on the registered capital and total amount of investment of foreign-invested enterprises； and3. in the case of a foreign-invested leasing company in the form of limited liability company， the term of operation shall not exceed 30 years in general.Article 9　Foreign-invested finance leasing companies shall satisfy the following conditions：1. the registered capital shall not be less than US$ 10 million；2. in the case of a foreign-invested finance leasing company in the form of limited liability company， the term of operation shall not exceed 30 years in general； and3. have the appropriate professionals， and the senior management personnel have the corresponding professional qualification and not less than three years‘ experience in the business.　　Article 10　To establish a foreign-invested leasing company or a foreign-invested finance leasing company， the following materials shall be submitted to the examination and approval authority：1. an application form；2. the feasibility study report signed by each investor；3. the contract and the articles of association （in the case of a wholly foreign-owned enterprise， only the articles of association shall be submitted）；4. the bank certificate of creditworthiness， registration certificate （photocopy ） and the identity document （ photocopy。