Can a registered LLC in Delaware have an operating branch in China?

Thank you for your question. You will have to register your corporation in every jurisdiction where that corporation maintains a presence – unless you plan on doing business in multiple European Union nations. This response will cover rough guidelines of the requirements that your LLC business formation application would have to satisfy in China.

Your Delaware Corporation will be able to set up an operating branch in China if four conditions are met:

First, you will have to verify your business’ name with the State Administration for Industry and Commerce and obtain a business license from this organization.

Second, under certain conditions, you may have to receive approval from the Chinese National Development and Reform Commission, the Ministry of Commerce, and other industry regulators.

Third, your firm will also have to register with the State Administration of Foreign Exchange, open bank accounts with a Chinese financial institution, and register with the country’s customs board.

Finally, the company will have to draft a corporate constitution establishing the firm’s name, scope, registered capital, shareholder list, and legal representative, among other things.

I hope this helps.

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