Question 2: What is a foreign-funded enterprise? Foreign-funded enterprises, refers to in accordance with the provisions of the laws of the Chinese People's Republic of China *** and the state, set up in China, by Chinese investors and foreign investors *** with the same investment or only foreign investors invested in the enterprise.
(B) the types of foreign-funded enterprises
Foreign-funded enterprises is a general concept, including all foreign-funded enterprises. According to the different proportion of shares and shares in the registered capital and assets of foreign investors, as well as other legal features, can be divided into three types of foreign-funded enterprises:
1. Sino-foreign equity joint venture. Its main legal features are: the proportion of foreign investors in the registered capital of the enterprise has statutory requirements; enterprises to take the organizational form of limited liability company. Therefore, this joint venture is called equity joint venture.
2. Sino-foreign cooperative enterprises. Its main legal features are: foreign share in the registered capital of the enterprise without mandatory requirements; enterprises to adopt a flexible organization and management, profit distribution, risk-bearing approach. Therefore, this joint venture is called contractual joint venture.
3. Joint venture. Its main legal features are: all the capital of the enterprise are owned by foreign investors.
Second, the concept of foreign-funded enterprises and China's foreign-funded enterprises legislation
(a) the concept of foreign-funded enterprises
Foreign-funded enterprises refers to the organization of foreign-funded enterprises and activities related to the norms of behavior of the law, regulations, is formed by a large number of foreign-funded enterprises of the legislation of a legal system. Its main content includes the organizational form of foreign-funded enterprises, the establishment and registration procedures, legal status, investment relations, legal documents, the rights and obligations of both Chinese and foreign parties, organizational structure, business management, labor relations, taxation, foreign exchange management, dissolution and liquidation.
(B) China's foreign-funded enterprises legislation
China's foreign-funded enterprises legislation is accompanied by China's reform and opening-up policy and the gradual establishment and continuous improvement, so far, has formed a relatively complete foreign-funded enterprises legislative system, which are important laws and regulations are: Sino-foreign equity joint venture law, foreign-funded enterprises, Sino-foreign cooperative joint venture law, the implementation of the law on foreign joint ventures. Regulations, regulations on the encouragement of foreign investment, the implementation of foreign-funded enterprises, the implementation of Chinese-foreign cooperative enterprises, the implementation of Chinese-foreign cooperative enterprises, a number of provisions on the capital contribution of the joint venture parties and its supplementary provisions.
Third, the legal protection and jurisdiction of foreign-funded enterprises
Foreign-funded enterprises established in China are not only protected by Chinese law, but also subject to the jurisdiction of Chinese law. Foreign-funded enterprises must comply with Chinese laws and regulations and must not jeopardize China's social **** interests, and the relevant state organs shall manage and supervise foreign-funded enterprises in accordance with the law. In order to protect the legitimate rights and interests of foreign-funded enterprises, the State does not nationalize or expropriate joint ventures or foreign-funded enterprises. Under special circumstances, expropriation may be carried out in accordance with legal procedures and corresponding compensation may be paid in accordance with the needs of the public interest.
Concepts and Types of Foreign-funded Enterprises
(1) Concepts of Foreign-funded Enterprises
A foreign-funded enterprise refers to an enterprise set up in China in accordance with the laws of the People's Republic of China and the State of China, which is invested by both Chinese and foreign investors***, or invested only by foreign investors.
(B) the types of foreign-funded enterprises
Foreign-funded enterprises is a general concept, including all foreign-funded enterprises. According to the different proportion of shares and shares in the registered capital and assets of foreign investors, as well as other legal features, can be divided into three types of foreign-funded enterprises:
1. Sino-foreign equity joint venture. Its main legal features are: the proportion of foreign investors in the registered capital of the enterprise has statutory requirements; enterprises to take the organizational form of limited liability company. Therefore, this joint venture is called equity joint venture.
2. Sino-foreign cooperative enterprises. Its main legal features are: foreign share in the registered capital of the enterprise without mandatory requirements; enterprises to take the organization and management of the lindane, profit distribution, risk-bearing approach. Therefore, this joint venture is called contractual joint venture.
3. Joint venture. Its main legal features are: all the capital of the enterprise are owned by foreign investors.
The concept of foreign-funded enterprises and China's foreign-funded enterprises legislation
(a) The concept of foreign-funded enterprises
Foreign-funded enterprises refers to the organization and activities of foreign-funded enterprises, the behavioral norms of the laws and regulations of the general term, is by the formation of numerous legislative norms relating to foreign-funded enterprises of a legal system. Its main content includes the organizational form of foreign-funded enterprises, the establishment and registration procedures, legal status, investment relations, legal documents, the rights and obligations of both Chinese and foreign parties, organizational structure, business management, labor relations, taxation, foreign exchange management, dissolution and liquidation.
(B) China's foreign-funded enterprises legislation
China's foreign-funded enterprises legislation is accompanied by China's reform and opening-up policy and the gradual establishment and continuous improvement, so far, has formed a relatively complete foreign-funded enterprises legislative system, which is important laws and regulations are: Sino-foreign equity joint venture law, foreign-funded enterprises, Sino-foreign cooperative joint venture law, the law of the joint venture. ...... >>
Question 3: What are the Chinese-foreign joint venture pharmaceutical enterprises Hanmi ... China's USSR
Question 4: What is the nature of foreign-invested enterprises included? Foreign-invested enterprises are included include:
1, Sino-foreign joint venture 2 radical Sino-foreign cooperation 3, foreign-invested enterprises 4, foreign-invested enterprises investment.
Question 5: What is the difference between a Sino-foreign joint venture and a Sino-foreign cooperative enterprise? Sino-foreign joint venture, also known as contractual joint venture. It is initially combined with the situation in Guangdong Province, the organization of joint ventures this way of utilizing foreign capital to be flexibly used in an alternative form, and later gradually expanded to Fujian and other provinces and cities. It is basically the same legal status and form of organization and Sino-foreign joint venture, but in the specific practice has the following characteristics:
① start-up of the Chinese side is generally only invested in the right to use the land, the foreign party in kind or cash investment;
② not calculated in monetary terms and determine the proportion of investment and equity ratio of the parties to the joint venture, the parties' obligations, rights and profit-sharing, etc., written by consensus, according to different circumstances and conditions.
③ The profits of the enterprise are distributed among the joint venture parties according to the contract, and the losses are generally borne by the foreign party to the extent of its investment in cash or in kind;
④ The residual property at the expiration of the contract or dissolution of the contract is attributed to the Chinese party free of charge without any distribution among the joint venture parties. By adopting this kind of joint venture, the Chinese side can solve the difficulty of insufficient capital, and the foreign side can generally share more profits before recovering the investment, which is profitable for both sides, and the approval procedures and formalities are relatively simple, so it develops more quickly. As of 1985, Chinese-foreign cooperative enterprises had not yet been legislated, and except for the application of the Foreign Enterprise Income Tax Law in terms of taxation, other aspects were handled with reference to the relevant provisions of the Chinese-Foreign Cooperative Joint Venture Law.
Organizing Sino-foreign joint ventures is an important form of utilizing foreign capital. In this way, the risk of investment is borne by the joint venture parties***, and the Chinese side is not responsible for the direct repayment of capital and interest, and more importantly, since the interests of the joint venture parties are closely related, the foreign joint venture partners are equally concerned about the operating results of the enterprise.
Sino-foreign cooperative enterprises, is to establish and complete a project and sign a contract for cooperative production and operation of the enterprise; is a kind of equity, can also be no equity contractual economic organization. The rights and obligations of the partners, including investment or cooperation conditions, income or product distribution, risk and loss sharing, management and management of the cooperative enterprise termination of the property belonging to other matters, are by Chinese and foreign partners **** with the negotiation, the development of cooperation agreements, contracts, and in the contract of the cooperative enterprise to be agreed upon. The contract signed by both parties to the cooperation is approved by the approving authority. Protected by state law, both parties shall fulfill their obligations as agreed in the contract.
Cooperative enterprises can be generally divided into two categories:
1, with legal personality of the cooperative business
With legal personality of the cooperative business refers to the cooperation of the parties **** with the establishment of independent property rights, legally independent of the personality, the ability to exercise their own name of civil rights and the right to appeal to the cooperative business entity. This kind of enterprise in order to effectively realize the project of cooperative development, after the consultation of the cooperative parties, enter into enterprise statutes, establish independent enterprise organization, set up the board of directors as the supreme authority of the enterprise, and with all its property to bear responsibility for its debts, Chinese and foreign cooperative parties to the limit of their investment or cooperation conditions to the enterprise to bear responsibility. Internationally, this kind of cooperative business belongs to the category of partnership; the partners are liable to the extent of the conditions of cooperation provided, which is limited partnership. In our country, taking into account the form of liability of cooperative enterprises with legal personality, as long as it meets the provisions of the Company Law, can be registered as a limited liability company.
2. Unincorporated cooperative enterprises
On the contrary of cooperative enterprises with legal personality, cooperative enterprises without legal personality do not have independent property ownership, but only the right to manage and use. In the event of legal proceedings, the parties to the cooperative enterprise shall bear the legal responsibility in their own capacity. In the case of a cooperative enterprise without legal personality, whether the cooperating parties make capital contributions or provide other materials or industrial property rights as a condition for cooperation, the property is owned separately by the cooperating parties, or may be ****-owned (including partially separately owned and partially ****-owned) by mutual agreement. The property accumulated from the operation of such enterprises shall, in accordance with national laws, be owned by both parties to the cooperation ****. The management of the enterprise can be both *** with the establishment of a joint management organization, can also be entrusted in the form of commission, entrusted to the cooperation of the party responsible for the nature of this kind of cooperation, the international is usually unlimited partnership, the cooperation of the parties to the form of unlimited liability to bear civil liability.
Question 6: How can I know which companies are foreign-funded enterprises 20 points The company you said, should not be registered in China, this company does not belong to the foreign-funded enterprises, but belongs to the offshore companies. The investigation of foreign companies, first of all, to figure out its place of registration in which country, and then through the country's business registration department in order to query the company's information. However, the registration system for companies outside the country is generally more loose (foreign companies are easy to set up and difficult to operate), so it is difficult to really find out. It is recommended that if you encounter such companies recruiting in the future, you should focus on the legality and reasonableness of the positions they offer (generally, companies doing cross-border labor export or labor dispatching will be filed in the Labor Bureau), so you can start from the Labor Bureau to confirm. Then again, the company signed a contract with you, you do not sign, find a lawyer to look at the content of the contract, but also to a certain extent to avoid being fooled (the contract of the fraudulent company are loopholes in the lawyer can see).
Is this okay?
Question 7: What is the meaning of Sino-foreign joint venture enterprise group Sino-foreign joint venture enterprise group is also known as Sino-foreign joint venture enterprise, refers to in accordance with the relevant laws of China set up in China's territory of foreign companies, enterprises and other economic organizations or individuals and Chinese companies, enterprises or other economic organizations *** with the organization of the joint venture, that is, more than two different nationalities of the investor, in accordance with the "joint venture legal person" and the "Company Law" and (enterprise legal person). The provisions of the Company Law and the Regulations on the Registration and Administration of Enterprise Legal Persons*** are to be set up by the same investor, to be operated by the same investor, to be responsible for profits and losses, and to bear the risks of a limited liability company. (Hong Kong, Macao, Taiwan reference)
Question 8: What are the enterprises are Sino-foreign cooperative enterprises Sino-foreign cooperative enterprises, refers to the Chinese and foreign partners in accordance with the provisions of the laws of the Chinese People's Republic of China *** and the State, *** with the organization of the Chinese territory, according to the contract of the cooperative enterprise agreed to the distribution of income or products, share the risks and losses of the enterprise. Its characteristics are:
1. Sino-foreign cooperative enterprises are contractual joint ventures. Chinese and foreign partners of the investment or provide the conditions of cooperation, not converted into shares, that is, the investment of the parties do not value, not counted shares, Chinese and foreign partners in what proportion of the distribution of income or products, risk and loss sharing, by the contract of the cooperative enterprise. In other words, the cooperative enterprise contract is the basic basis for the establishment of the enterprise, and the rights and obligations of the joint venture parties do not depend on the investment ratio and shares, but on the agreement of the cooperative enterprise contract. This is clearly different from the equity-based joint venture such as Sino-foreign equity joint venture. Therefore, the cooperative enterprise is called contractual joint venture, while the joint venture is called equity joint venture.
2. Sino-foreign cooperative enterprises in the form of organization has the characteristics of diversification, that is, Chinese and foreign partners can *** with the organization of cooperative enterprises with legal personality, can also *** with the establishment of cooperative enterprises do not have legal personality. In other words, the cooperative enterprise can be either a legal person or an unincorporated enterprise, while the Sino-foreign joint venture has legal personality.
3. The organization and management of Chinese-foreign cooperative enterprises have the characteristics of flexibility and diversity. It can be a board of directors system, a joint management committee system, or entrusted to a third party for management.
4. Chinese-foreign cooperative enterprises generally adopt the practice of allowing the foreign party to recover the investment first, the risk borne by the foreign party is relatively small, but the expiration of the cooperation period, the assets of the enterprise are owned by the Chinese party.
Example 1: In 1980, the Swiss Sehindler Elevator Company established China's first industrial joint venture, acquired its joint venture partners in February 2002, making the long-established China Xunda Elevator Company Limited its wholly-owned subsidiary;
Example 2: September 10, 2000, Beijing Nissin Chemical Company Limited officially announced to the outside world: Has reached an agreement with Procter & Gamble (China) Co., Ltd., the early termination of the "Panda" trademark contract, the recovery of the joint venture has been used for six years, "Panda" brand. Before that, in June 2000, the "Panda" brand has 50 years of multinational corporations have been early termination of the joint venture with the Beijing Daily Chemical Factory - a joint venture into a wholly foreign-owned enterprises.
Example three, a media report, daily chemical giant - Procter & Gamble Group under a number of joint ventures, the proportion of control has recently undergone a sharp change, foreign investors are trying to minimize the shares of the Chinese side. In a P&G joint venture factory, the Chinese side of the shares from the initial 50% down to the current 1%, and this l% is also in the Chinese side of the repeated requests were symbolically retained.
Question 9: What are the foreign-funded enterprises There are countless foreign-funded enterprises, but a brief list of well-known foreign-funded enterprises in mainland China and the positions they are hiring are as follows: Wal-Mart: No. 1 in the world's top 500 companies (in terms of turnover), and it is hiring porters and cashiers. General Electric: No. 1 in the Fortune 500 (by total assets), hiring security guards and warehousemen. Toyota: the world's No. 1 automaker is hiring workers to turn screws on the production line. KFC: the world's number one fast food restaurant, hiring waiters. Casino Lisboa: the world's big brother of Vegas, hiring lotteries (dealers). Lehman Brothers Bank: 158-year veteran investment bank, hiring a general manager for China. Because it just went bankrupt and needs a new GM to handle the bankruptcy. Retail: Metro, Carrefour, Home Depot, Automotive: Honda, Suzuki, GM, Volkswagen, BMW, Mercedes-Benz IT: IBM, SAP, DELL, HP, microsoft, Manufacturing: Mitsubishi, Fuji, Casio, Xerox, LG, Samsung, Hyundai, Daewoo, etc. Food & Beverage: Coca-Cola, Pepsi, McDonalds, KFC, Pizza Hut, Danone, Food and beverage: Coca-Cola, PepsiCo, McDonald's, KFC, Pizza Hut, Danone, Wanglaoji (Hong Kong), Café de Coral (Hong Kong) Finance: AIG/AIU/AIA, Merrill Lynch, Goldman Sachs, JP Morgan, Flower Bank, HSBC, etc. Service industry: Casino Lisboa (Macao), foreign hotels,
Question 10: What is the nature of the ownership of the Chinese-foreign joint ventures Chinese-Foreign Joint Venture
A Chinese-Foreign joint venture refers to the cooperation of a Chinese joint venture and a foreign joint venture in accordance with the Chinese people's law. A Sino-Foreign Joint Venture is an enterprise in which a Chinese joint venturer and a foreign joint venturer, in accordance with the provisions of the laws of the People's Republic of China, invest and operate together in China, and share profits, risks and losses in proportion to their investment.
Enterprises Investment Operation Nature of the enterprise
Sino-foreign joint ventures are also called equity joint ventures. It is a joint venture between a foreign company, enterprise or other economic organization or an individual and a Chinese company, enterprise or other economic organization in China***. It is characterized by the joint venture parties *** with the investment, *** with the operation, according to the proportion of their respective capital contribution *** to share the risk, *** responsible for profit and loss. Each party's capital is converted into a certain percentage of capital contribution, the percentage of foreign joint venture capital is not less than 25%, otherwise it can not enjoy the preferential policies for foreign investment.
Sino-foreign equity joint ventures are one of the earliest and most numerous forms of foreign direct investment in China. At present, it still occupies a considerable proportion in the absorption of foreign capital. The Chinese investor can not be an individual, must be enterprises, legal persons and other economic organizations, the foreign party can be a natural person or a legal person. If a limited company is acquired by a foreign company, after special approval, the Chinese investor can be a natural person.
Characteristics of Sino-Foreign Joint Ventures
(1) The joint venture is a Chinese legal person established with the approval of China *** and must abide by Chinese laws and administrative regulations and be protected by Chinese laws and administrative regulations.
(2) One party of the joint venture is a non-Chinese joint venture and the other party is a foreign joint venture.
(3) The joint venture is organized as a limited liability company.
(4) Chinese and foreign joint venture parties *** with the investment, *** with the operation, according to their respective capital ratio *** to bear the risk, *** responsible for profit and loss.