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2026-4-25

Navigating passport expiry, bank compliance when structuring your China WFOE

You’re setting up a company in China. You need a Legal Representative (法定代表人).

Most foreign founders think about trust, control, and signing authority.

But if you ignore two operational realities, your bank account will freeze – and your business will be affected.



Reality #1: The Legal Rep Must has a Chinese SIM Card

You cannot open a corporate bank account in China without a real-name authenticated (实名制) Chinese mobile phone number linked to the Legal Representative based on present bank's regulation.

Here is the kicker:

At present, you cannot delegate this. No proxy. No power of attorney. No remote setup.

The Legal Representative must walk into a China Mobile, China Unicom, or China Telecom store – physically, with their original passport – to buy a SIM card.




Reality #2: A Foreign Passport Is a Time Bomb

When a foreigner is the Legal Representative, their passport is their legal ID in China’s bank systems. The bank records:

1. Passport number
2. Expiry date

When the passport expires – and it will – the bank’s system flags the account. Transactions stop. Salary payments fail. Supplier payments bounce.

Fixing it is the real problem:

1. Some banks accept notarized copies + Hague Apostille of the passport.
2. Many local Chinese banks demand the original physical passport. Hand it over. No PDF. No scan. No email.



Set up in 2009

Focus on Tax& Accoounting

+8618916298482

wcx@ruanyinchina.com


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