A FIE in Shanghai may need to relocate its business operation office for some reason, which is required by laws and regulations to get approvals from relevant government authorities and also to get its licenses and certificates renewed with the new address. However, it will be different in the procedures whether a FIE is relocating in the same jurisdiction or a different jurisdiction. There are a few points worthy of noting from our experience.

(Note: S stands for relocation in the same jurisdiction, and D stands for relocation in a different jurisdiction.)

S versus D

• MOFCOM

S: A FIE’s application for change of registered address should be submitted to the MOFCOM which previously issued Certificate of Approval to it.

D: A FIE’s application for change of registered address should be submitted to MOFCOM in the new jurisdiction which will consult the original MOFCOM regarding the application, the original MOFCOM normally will reply in 5 working days, then the MOFCOM in the new jurisdiction will decide whether to approve according the original MOFCOM.

• SAIC

S: A FIE’s application for change of registered address should be submitted to the SAIC which previously issued Business License to it.

D: A FIE need to deregister its current registered address with the SAIC which previously issues Business License to it and then register the new address with AIC in the new jurisdiction.

• TAX BUREAU

S: A FIE’s application for change of registered address should be submitted to the TAX BUREAU which previously issued Tax Registration Certificate to it.

D: A FIE’s application for change of registered address should be FIRST submitted to CITY TAX BUREAU, and then it should cancel its invoices with the Tax bureau which previously issued Tax Registration Certificate to it. Finally it can register its new address with the tax bureau in the new jurisdiction.

• CUSTOMS

S: A FIE’s application for change of registered address should be submitted to the original TAX BUREAU which previously issued Tax Registration Certificate to it.

D: A FIE needs to find out whether the old address and the new one are under the same jurisdiction of a same CUSTOMS, if they are, it only needs to submit its application for change of registered address to the same CUSTOMS; otherwise, it first needs to deregister customs registration with the original CUSTOMS and then register with the CUSTOMS in the new jurisdiction.

It’s also to note that relocation within a different jurisdiction in practice may affect a FIE’s issuing invoices and export and import business.

If you need any support or assistance in incorporating a FIE or post-incorporating matters, please do not hesitate to contact us.