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China Representative Office Registration and Maintenance Guide (12) - De-registration of a Representative Office
The head office of a representative office (RO) shall apply for deregistration upon the occurrence of the following events: (1) the head office decides to close down its RO in China; (2) the RO will not continue its operation upon the expiration of its residence in China; (3) the head office ceases to exist; (4) the RO has been ordered to close down in accordance with the law. The RO shall apply for deregistration with various registration authorities involved
Introduction of Foreign-Invested Telecommunications Enterprises in China
China encourages foreign investors to invest in China, and with the continuous updating of the Special Administrative Measures for Foreign Investment Access (Negative List), restrictions on foreign investment access have been liberalized or cancelled in many investment areas. On March 29, 2022, the State Council of China revised and issued the latest Administrative Provisions on Foreign-Invested Telecommunications Enterprises, which comes into effect on May 1, 2022.
Introduction to Sino-Foreign Equity Joint Venture
Equity joint ventures are the second most common manner in which foreign companies enter the China market and the preferred manner for cooperation where the Chinese government and Chinese businesses are concerned. Joint ventures are usually established to exploit the market knowledge, preferential market treatment, and manufacturing capability of the Chinese side along with the technology, manufacturing know-how, and marketing experience of the foreign partner.
Introduction of Social Organization in China
Social organization refers to a non-profit organization (“NPO”) formed voluntarily by Chinese citizens to carry out activities in accordance with its articles of association to realize the common wishes of its members.
China WFOE Registration Guide (9) - Supervisor/Board of Supervisors
A limited liability company may set up a board of supervisors, which shall comprise at least 3 persons. A limited liability company, which has relatively less shareholders or is relatively small in scale, may have 1 or 2 supervisors, and does not have to establish a board of supervisors. The supervisor is also appointed by the investor.
China WFOE Registration Guide (5) - Defining the Scope of Business
Under China’s Company Law and Administration of Registration of the Scope of Business of Enterprises Provisions, a company’s business scope shall be specified in its Articles of Association and be registered with the registry office in accordance with the law. Unlike other countries, a company registered in China can only engage in operation within its business scope.
Guide to Establishing a Subsidiary in China
As China’s strength in the global economy continues to grow, businesses need to consider the prospect of establishing operations within its borders. This article provides general information on establishing a Foreign Invested Enterprise (subsidiary) by foreign investors, to help provide guidance and demystify the process.
Establishing an RO or a WFOE in China
To set up a Representative Office (hereinafter referred to as “RO”) in China used to be a common way for foreign investors that intend to enter into China. The main reason is that RO is easy to establish. However, China has imposed more registration restrictions and tougher tax rules on Representative Offices since 2010. The establishment and maintenance of representative offices have been restricted and discouraged.
Wholly Foreign Owned Enterprise and Representative Office Compared
WFOE is an independent legal entity registered with only foreign capital in China and under Chinese law. The managing director (if only one director is appointed) or Board of directors and legal representative are appointed by the foreign parent company. The WFOE abides by the Chinese company law and regulations like any other Chinese company.
China WFOE Maintenance and Compliance Guide (4) - Change of Company Name
To proceed the change of company name, you shall conduct a name availability search with the competent registry office first. An approval for the new company name shall be obtained before you apply for the change of company name with the competent registry office. Upon receipt of the approval for the new company name, you shall go through the following procedures: