Establishing Stipulation Related to Foreign-invested Enterprise
(1)The form of establishment
According to requirements of Company Law , there are mainly two forms for companies the register in China, namely limited company and limited liability company.
(2)The lowest registration capital
According to the stipulations of Company Law, the lowest registration capital of a limited liability company is RMB 30,000. Other related laws, administration laws that have a higher stipulation to the lowest registration capital of the limited liability company set up by the foreign investment rules must be obeyed. The investment amount of all shareholders should not be less than 30% of the limited liability company's registration capital. The limited liability company's registration capital of one person is RMB 100,000. The shareholder must pay the money that Company Law requires one time.
The registration capital of incorporated� company set up by foreign investment� should not be less than RMB 30,000,000.
The registration capital of an investment� company set up by foreign investment should� not be less than USD 30,000,000.
(3)The investing method
Sino-foreign equity joint ventures, Sino-foreign cooperative joint ventures and foreign-funded enterprises are the main foreign investing modes, others are foreign incorporated companies, investment companies, carving investment enterprises, research and development centres, financial property management companies, Build Operate Transfer (BOT) and Transfer-Operate-Transfer (TOT).
(4) Examination and approval
National examination and approval: the encouragement class and permission projects with more than USD100 million (including USD 100 million) of total investment, and the limited projects with more than USD50 million (including USD 50 million) of total investment.
The Fujian provincial examination and approval: The encouragement class and permission projects with less than
USD100 million and more than USD30 million (including USD 30 million) of total investment, and the limited projects with less than USD50 million of total investment.
County, city examination and registration approval: The encouragement class and permission projects with less than USD30 million (including USD 30 million) of total investment.
Source : Ministry of Commerce People's Republic of China
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