China question: How can I get a new legal representative?

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clpstaff &clp articles

My company is a WFOE and we need to change our legal representative. I have heard this is a difficult process – what advice can you offer on how to accomplish this?

The domestic perspective


In accordance with the Implementing Opinions on Several Issues Concerning the Application of the Law in the Administration of the Examination, Approval and Registration of Foreign-invested Companies (关于外商投资的公司审批登记管理法律适用若干问题的执行意见) (Gong Shang Wai Qi Zi [2006] No 81), a foreign-invested enterprise applying for change of its legal representative may go through the formalities for change of registration with the relevant administration for industry and commerce, and no approval from the original examination and approval authority is required.

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