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Choosing the Right Organisation Form for a Foreign-Invested Enterprise in China: Companies, Partnerships and Representative Offices

Since 1 January 2020, foreign-invested enterprises (FIEs) are no longer carved into CJV/EJV/WFOE types; they take the same company or partnership forms as domestic firms under the Company Law and Partnership Law.自2020年1月1日起,外商投资企业不再区分为中外合资、中外合作、外商独资三类,而是与内资企业一样适用《公司法》《合伙企业法》采取公司或合伙形式。 A foreign investor may set up a limited-liability … Choosing the Right Organisation Form for a Foreign-Invested Enterprise in China: Companies, Partnerships and Representative OfficesRead more

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Foreign-Invested Investment Companies and Regional HQs: Structuring Options for Market Entry

Foreign-Invested Investment Companies and Regional HQs: Structuring Options for Market Entry | 外商投资性公司与地区总部:集团入华架构选型 Why this matters now When a multinational first enters China it usually defaults to a single wholly foreign-owned enterprise (WFOE). But as the China footprint grows — … Foreign-Invested Investment Companies and Regional HQs: Structuring Options for Market EntryRead more

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Rebuilding FIE Governance After the Five-Year Transition: From Board-as-Supreme-Organ to the Shareholders’ Meeting, and How to Design Articles, Organs and Control

Rebuilding FIE Governance After the Five-Year Transition: From Board-as-Supreme-Organ to the Shareholders’ Meeting, and How to Design Articles, Organs and Control | 外商投资企业的治理架构改造:从董事会最高权力机构到股东会——《外商投资法》五年过渡期终结后的章程、机构与控制权设计 Overview A Sino-foreign joint venture long ran on an unusual rule: the board, not the shareholders, was … Rebuilding FIE Governance After the Five-Year Transition: From Board-as-Supreme-Organ to the Shareholders’ Meeting, and How to Design Articles, Organs and ControlRead more

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Beyond the WFOE: branches, foreign-invested partnerships and holding vehicles for China market entry

Beyond the WFOE: branches, foreign-invested partnerships and holding vehicles for China market entry | 不止于外商独资:分支机构、外商投资合伙企业与控股平台的载体选择 Overview: Why “WFOE First” Is Not Always Right The reflex for an overseas group is to incorporate a Wholly Foreign-Owned Enterprise (WFOE): a limited-liability company … Beyond the WFOE: branches, foreign-invested partnerships and holding vehicles for China market entryRead more

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Setting up a China company as a foreign individual: the personal-investor route

Setting up a China company as a foreign individual: the personal-investor route | 外国自然人直接在华设立公司:个人投资者路径 Overview Most guides to China market entry assume the investor is a company. Yet the Foreign Investment Law (FIL), in force since 1 January 2020, defines … Setting up a China company as a foreign individual: the personal-investor routeRead more