Can a foreign invested enterprise apply for an ICP?

At present, foreign-funded enterprises are not allowed to handle telecommunications services including ICP under the policy, if they have to handle the enterprise to become a Sino-foreign joint venture, the Chinese party accounts for at least 51% of the capital, and can only handle it after meeting the conditions

Foreign-funded enterprises refer to enterprises jointly established and operated by foreign investors and Chinese investors in the form of Sino-foreign joint ventures within the territory of the People's Republic of China in accordance with the law. In other words, as long as the shareholders and funds contain foreign investment, then the enterprise is considered a foreign-owned enterprise.

According to the "Regulations of the People's Republic of China on Telecommunications Administration", in order to protect this Internet big data from being leaked, foreign companies are strictly restricted from entering the value-added telecommunications market. Foreign-funded enterprises and Sino-foreign joint ventures are not allowed to apply for processing, but as more and more foreign enterprises inject capital into the Chinese market, the state has also adjusted its policies according to national conditions.

There are certain threshold conditions for foreign-funded enterprises to apply for an ICP license:

1. The minimum registered capital of value-added telecommunications services operating nationwide or across provinces, autonomous regions and municipalities directly under the Central Government shall be RMB 10 million;

2. The minimum registered capital of value-added telecommunications services within the scope of provinces, autonomous regions and municipalities directly under the Central Government shall be RMB 1 million.

ICP License Application Conditions:

1. A copy of the copy of the business license of the company's enterprise legal person;

2. Articles of Association of the Company (copy stamped with industrial and commercial inquiry seal);

4. Capital verification report or audit report within one year (original copy required);

5. The real estate certificate, Guangzhou and Shenzhen must have a lease agreement (report) for management rental housing or a certificate of office space;

6. Provide scanned copies of the original academic qualifications and identity certificates of 10 staff, and provide social security inquiries for 3 of these 10 people in the past three months;

7. Network access agreement (the application for ICP certificate provides the local provincial access provider contract, and the application for ISP and IDC certificate provides the contract signed with the telecom operator), ** access unit license front, subpage and annual inspection page, and the whole network access unit also needs to submit the certificate of the ministry certificate in the Guangdong Provincial Communications Administration;

8. Internet domain name registration certificates for all domain names reported by the Ministry of Industry and Information Technology (the registered owner of the domain name must be the full Chinese name of the applicant unit), and all declared domain names are filed with the Ministry of Industry and Information Technology**.

The printed page of the public query and the full page of the enterprise-side query of the connected service provider;

9. Urban enterprises in Guangdong Province need to provide first-class system risk assessment reports;

10. Urban enterprises in Guangdong Province need to provide the username and password of the user log retention system and the information security filtering system to be verified by the Authority;

11. Approval of the Ministry of Commerce of the People's Republic of China for foreign investment;

12. The Communications Department of the Ministry of Industry and Information Technology of the People's Republic of China handles the access card;

13. Network security evaluation report and information security evaluation report.

Operating LicenseICP Operating License**ICP License, Internet Information Service Business License, ** Advertising Business License, Internet Business License, ICP Certification License, Commercial ICP, Online Advertising Business License, Operating ** License, ICP License, ICP License.

The standard meaning of these names is:"Value-added telecommunications business license (Internet information service for the old imperial tombs).Commonly known as demolition of ICP license;

Among them it also includes:1. ICP license3. Operational ** filing (management of industrial and commercial departments).

Operational** must apply for the People's Republic of China value-added telecommunications business license (ICP certificate), otherwise it is illegal business. Non-commercial ** shall apply for a non-commercial Internet information service business filing certificate.

Conditions for foreign-funded ICPs:

1. The applicant company is a company established in accordance with the law in China, and its legal representative should be a citizen of Chinese mainland holding a resident ID card.

2. The proportion of foreign capital shall not exceed 50%;

3. The registered capital is required to be more than 1 million.

Foreign-funded ICP license approval process:

1. Submit an application to the Ministry of Industry and Information Technology to obtain the "Approval Opinion on Foreign Investment in Telecommunications Business";

2. Submit materials to the competent department of commerce of the state on the basis of the approval opinion to obtain the "Approval Certificate for Foreign-invested Enterprises";

3. Handle the registration of foreign-invested telecommunications enterprises with the administrative authority for industry and commerce;

4. Apply to the Ministry of Industry and Information Technology for a value-added telecommunications business license with the approval certificate of foreign-invested enterprises;

5. After all approvals are completed, the Ministry of Industry and Information Technology will issue a notice of issuance.

1) Opinions on the approval of foreign investment in telecommunications business:

At present, in accordance with the requirements of relevant laws and regulations, purely foreign-funded enterprises are not allowed to apply for ICP licenses, and foreign-funded enterprises can cooperate with domestic enterprises if they want to enter the e-commerce market.

But it only says that purely foreign-funded enterprises cannot apply for ICP licenses, but the joint venture Zheng Yingye can handle it blindly. However, to apply for an ICP license, a Sino-foreign joint venture must be an independent legal person company established in accordance with the law, and the legal person must be domestic, and the proportion of foreign equity shall not exceed 49%. ”

Foreign-funded enterprises or e-commerce platforms with foreign investment shall obtain a value-added telecommunications business license

1. If it is a self-operated e-commerce platform and opens bank payment or Alipay payment, the partner will require an ICP license, but the current restrictions on foreign investment applications under the ICP license are relatively strict. Joint ventures can apply, but WFOE cannot apply.

2. If it is a platform type of e-commerce (involving merchants), what needs to be handled is ** data processing and transaction processing (EDI license), involving ** payment, and at the same time ICP license and EDI license are grinding and slowing, but there is no clear requirement at present, and EDI license is sufficient.

Hello, I am very happy for your question, the specific situation of foreign investment to apply for ICP license is as follows, I hope it will be helpful to you.

Proportion of foreign investment: The proportion of foreign investors in foreign-invested telecommunications enterprises engaged in value-added telecommunications services shall not exceed 50% of the capital contribution in the enterprise. Foreign-invested telecommunications enterprises in which EDI operates value-added telecommunications services can be wholly foreign-owned or joint ventures.

1. Submit an application to the Ministry of Industry and Information Technology to obtain the "Approval Opinion on Foreign Investment in Telecommunications Business";

2. Submit materials to the competent department of commerce of the state with the approval of the Yi nationality with the Zhaochuzao approval letter to obtain the "Approval Certificate for Foreign-invested Enterprises";

3. Handle the registration of foreign-invested telecommunications enterprises with the administrative authority for industry and commerce;

4. Apply to the Ministry of Industry and Information Technology for a value-added telecommunications business license with the approval certificate of foreign-invested enterprises;

1) Opinions on the approval of foreign investment in telecommunications business:

Materials required for the approval of foreign investment in telecommunications business:

1. Project proposal;

2. Feasibility study report;

3. A copy of the business license of the company's corporate legal person and the ID card of the legal person;

4. Articles of Association (stamped with the industrial and commercial file inquiry seal);

5. Complete and detailed shareholding structure chart;

6. Relevant supporting materials of Chinese and foreign investors;

7. Proof of telecommunications business operation experience of major foreign investors (the largest proportion of foreign shareholders, accounting for more than 30% of the total capital contribution of foreign parties);

8. Other materials required by the telecommunications authorities;

Steps for handling the approval opinion for foreign investment in telecommunications business:

1. Prepare complete electronic materials and submit them to the official website of the local management bureau, and the system will submit them to the Communication Development Department for review again after the review is passed;

2. After the online review is passed, prepare the corresponding paper materials and submit them to the Communication Development Department for review.

2) Certificate of Approval for Foreign-invested Enterprises:

Examination and approval authority for the approval certificate of foreign-funded enterprises: Ministry of Commerce.

Missing materials required for the approval certificate of foreign-invested enterprises:

1.Unanimously adopted board resolution of the foreign-invested enterprise on investment;

2.Approval certificate and business license of foreign-invested enterprise (copy);

3.The capital verification report issued by the statutory capital verification agency that the registered capital has been fully paid;

4.Audited balance sheet of the foreign-invested enterprise;

5.Proof of income tax payment or reduction or exemption of income tax by foreign-invested enterprises;

6.Other materials required by laws, regulations and rules.

7.Articles of Association of the investee company.

How to apply for a foreign-funded ICP license? What is the application process for a foreign-funded ICP license? Now there are many foreign-funded enterprises who want to join China's Internet industry, but this industry is still difficult for foreign-funded companies to join.

How to apply for a foreign-funded ICP license?

According to China's relevant management regulations, the requirements for foreign-funded companies to handle ICP licenses are stricter, with the adjustment of China's policies, Sino-foreign joint ventures can apply for ICP licenses, but the application process is different from that of purely domestic-funded companies

1. Enterprises need to prepare application materials and submit relevant materials;

2. Wait for the Ministry of Industry and Information Technology to review the materials submitted by Shenzhen enterprises;

3. The Ministry of Industry and Information Technology will issue an acceptance notice and hand it over to the relevant audit department for review;

4. The Ministry of Industry and Information Technology will make an approval decision within 40-60 days after acceptance, and if it cannot be passed, it will notify the Shenzhen enterprise in writing and explain the reasons;

5. Verify and check, and get the certificate.

Materials for handling foreign ICP licenses:

Although the Ministry of Industry and Information Technology now allows foreign-funded enterprises to apply for ICP licenses, it is only open to Sino-foreign joint ventures, and there are still many restrictions on foreign-related enterprises, and enterprises are required to submit the following materials when applying:

1.Scanned copy of the original copy of the business license of the company's enterprise legal person;

2.Relevant documents of the legal person and all shareholders (first-level, second-level and second-level shareholders above the second level);

3.The original certificate of social security details printed in the past 1 month and purchased by the enterprise for 3 people in the past 1 month (the red seal of the Social Security Bureau + verification code is required, and the screenshot of the query is provided without verification);

4.A brief description of the domain name business of the applicant enterprise, and a color scanned copy of the original domain name certificate (the registered owner of the domain name must be the full Chinese name of the applicant unit);

5.A scanned color copy of the original domain name certificate of the largest foreign-funded enterprise (the registered owner of the domain name must be the name of the foreign-funded party).

Legal analysis: 1. The shareholders of foreign-funded enterprises and wholly foreign-owned companies can be foreign enterprises or shareholders of foreign resident Sino-foreign joint ventures, and there are special requirements for Chinese shareholders, that is, the Chinese shareholders cannot be Chinese residents, but must be Chinese companies.

2. Supervisor of foreign-funded enterprises. If there is a board of supervisors, three members of the board of supervisors are required. If there is no board of supervisors, one supervisor may be appointed, and the supervisor may be cautiously stated that he is a foreign individual or a resident of Chinese mainland. When registering a foreign-funded company, the identity certificate of the supervisor must be submitted.

3. Director of foreign-funded enterprises. When an investment company is established, it may or may not have a board of directors, and if there is no board of directors, an executive director is required. The directors or executive directors of a foreign-funded company can either hire mainland residents or appoint foreign individuals to serve as Kuanliangye, and when a foreign-funded company is registered, the directors are required to provide identification materials.

4. There is no minimum registered capital requirement for registered foreign-funded companies in Chinese mainland, and the registered capital can be: RMB, USD, GBP, HKD, EUR and other large currencies reflected in the business license, and the current exchange method is recommended to be paid in foreign currency or overseas RMB in cash, which is required to be paid within five years. Such as:

Your registered capital is 1 million, which can be paid in full within 5 years, and there is no requirement for the first capital injection.

5. The name of the foreign-funded enterprise. When a foreign-funded company is registered, the company name must first be approved, and multiple company names need to be submitted for name search. The rules for name search of Shanghai registered companies are that in the same industry, the company name cannot have the same name or the same sound, and multiple font sizes need to be split to check the name.

6. Business scope. When a foreign-funded company is registered, the business scope must be clear, and the future business scope cannot exceed the company's business scope. The number of words in the business scope is less than 100 words, including punctuation, and China implements an approval system for the registration of foreign-funded companies, and some industries, such as minerals and retail, are industries that are restricted from foreign investment and need to be approved by the Ministry of Commerce of China.

Legal basis: Company Law of the People's Republic of China

Article 6 To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****.

Where laws and administrative regulations stipulate that the establishment of a company must be submitted for approval, the approval formalities shall be completed in accordance with the law before the company is registered. The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.

Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. The date of issuance of the company's business license is the date of incorporation of the company. The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.

If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.