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  Article 28 When applying to establish a foreign-invested venture investment management enterprise, the following documents shall be submitted to the Examination and Approval Authority: (来源:英语学习门户 http://www.EnglishCN.com)

  1. an application for establishment;

  2. the contract for, and the articles of association of, the foreign-invested venture investment management enterprise;

  3. (photocopies of) the investors' registration certificates and (photocopies of) proof of the legal representatives' status as such; and

  4. other documents relevant to the application for establishment required by the Examination and Approval Authority.

  Article 29 Foreign-invested venture investment management enterprises shall annotate the words 'Venture Investment Management' in their names. No foreign-invested enterprises other than foreign-invested venture investment management enterprises may use the words 'Venture Investment Management' in their names.

  Article 30 Overseas venture investment management enterprises that have been approved to accept entrustment from Venture Investment Enterprises to engage in venture investment management business in China shall, within 30 days of the date of approval of the management contract, apply to the Registration Authority for business registration.

  When applying for business registration, the overseas venture investment management enterprise shall submit the following documents and be responsible for the authenticity and validity of such documents:

  1. the application for registration signed by the chairman of the board or the person with the authority to sign of the overseas venture investment management enterprise;

  2. the operation and management contract and the approval document of the Examination and Approval Authority;

  3. the articles of association or the partnership agreement of the overseas venture investment management enterprise;

  4. the proof of lawful commencement of business of the overseas venture investment management enterprise;

  5. the proof of creditworthiness of the overseas venture investment management enterprise;

  6. the power of attorney for, the résumé and the proof of identity of, the responsible person for Chinese projects appointed by the overseas venture investment management enterprise; and

  7. the proof of business site of the overseas venture investment management enterprise in China.

  All of the above documents shall be in Chinese. If any document is in a foreign language, a standard Chinese translation shall be provided.

  PART SIX OPERATION AND MANAGEMENT

  Article 31 Venture Investment Enterprises may engage in the following businesses:

  1. using all of its own funds to make equity investment, including the forms of investment such as setting up new enterprises, investing in existing enterprises, accepting transfer of investors' equity interests of existing enterprises and other forms of investment permitted by the laws and regulations of the State;

  2. providing venture investment consulting services;

  3. providing management consulting services to its Investees; and

  4. other business approved by the Examination and Approval Authority.

  The funds of Venture Investment Enterprises shall be used mainly in equity investments in their Investees.

  Article 32 Venture Investment Enterprises may not engage in the following activities:

  1. investing in sectors that are prohibited by the State to be invested by foreign investors;

  2. directly or indirectly investing in publicly traded securities and corporate bonds, except for the shares held by the Venture Investment Enterprise after the listing of an Investee;

  3. directly or indirectly investing in immovables not for its own use;

  4. taking out loans and investing the proceeds;

  5. investing funds that are not its own;

  6. providing loans or security for another party, except for corporate bonds the term for which is at least one year and bonds that can be converted into Investee's equity, issued by an Investee of the Venture Investment Enterprise (this paragraph does not provide for whether the Investee may issue such bonds); and

  7. other activities that are prohibited by laws, regulations and the contract for the Venture Investment Enterprise.

  Article 33 Investors shall agree on the time limit for external investment in the contract for the Venture Investment Enterprise.

  Article 34 A Venture Investment Enterprise shall derive its income mainly from the sale or disposal in other ways of its equity in Investees. When a Venture Investment Enterprise sells or disposes in other ways of its equity in Investees, it may lawfully select an appropriate exit mechanism, including:

  1. assigning all or part of the equity it holds in the Investee to other investors;

  2. entering into an equity buyback agreement with the Investee, under which the Investee buys back, under set conditions, the equity held in it by the Venture Investment Enterprise according to law;

  3. when the Investee satisfies the conditions for listing provided in laws and administrative regulations, it may apply to list on a domestic or foreign securities market; in such event, the Venture Investment Enterprise may transfer the shares it holds in the Investee through the securities market in accordance with the law; or

  4. other methods permitted by Chinese laws and administrative regulations.

 
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