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

工商外企字[2002]第38号

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 [2002] No.38

　　February 20, 2002

　　The administrations for industry and commerce of all provinces, autonomous¹ regions and municipalities directly under the Central Government and the administrations for industry and commerce of the authorized² cities:

　　Recently, the State Administration for Industry and Commerce has continually received complaints and reports on disputes over stock equity³ 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 investors⁴, 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 alteration⁵ shall be gone through, according to the actual contribution of investment and upon the unanimous agreement of the parties or after the judicial⁶ or arbitration⁷ organs confirm the ownership according to law.

　　3. The relevant parties that provide false documents and cheat to obtain the registration⁸ during the process of examination, approval and registration shall bear the corresponding legal liabilities.