国家工商行政管理局企业登记司关于“关于中方企业全额投资外商投

企外字[1987]第60号
颁布日期：19871021 　实施日期：19871021 　颁布单位：国家工商行政管理局

QiWaiZi [1987] No.60

October 21， 1987

Wuhan Administration for Industry and Commerce：

We have studied your Request for Instructions on your Administration on Whether a Chinese Enterprise May Retain its Capacity as an Independent Business Entity in Case of Full Investment in an Enterprise with Foreign Investment （GongShangWaiZi[1987] No.67） and now reply as follows：

In view of the fact that a Chinese enterprise making full investment in a Chinese-foreign equity joint venture still needs to execute contracts and statutes， share profits and bear risks as an independent business entity， therefore it should retain its corporate capacity as an independent business entity and be examined and punished for any lawbreaking misconduct.

In future， the name of the newly-established Chinese-foreign equity joint venture should be distinguishable （avoid identical， similar or confusing names） from that of the Chinese enterprise with full investment in the former.

As in the case of Wuhan Jianghan Hotel Co.， ltd. under your administration， since the name of the newly-established joint venture is identical with that of its Chinese investor， we agree to the principle your administration proposed for handling this case in. The case should be properly settled after arbitration