Download Free Legal Forms For Foreign Investors In China Book in PDF and EPUB Free Download. You can read online Legal Forms For Foreign Investors In China and write the review.

Seminar paper from the year 2011 in the subject Law - Civil / Private, Trade, Anti Trust Law, Business Law, grade: 1.7, University of applied sciences, Munich, course: MBA, language: English, abstract: Executive Summary: Investing in China is still considered as one of the most profitable business opportunities. On the one hand side the Chinese market brings around 1.3 billion new potential consumers and on the other an annual growth rate of around 10%, both are quite attractive for foreign investments. Moreover, the Chinese government is permanently improving the investment climate for foreign enterprises and investors by improving respectively building the required infrastructure or revising business laws and lowering market entry barriers for foreigners for instance. Investing in China is not only a subject for large and international enterprises but also for small and mid sized private companies. China’s progress in accepting market-oriented economic and business principles as well as their 2001 entry into the World Trade Organization (WTO) is attracting foreign investors the same way as a growing Chinese middle class and low labor costs. Companies of all sizes understand that by ignoring this prospering and huge market for their goods and services or by not taking ad-vantage of the latent labor arbitrage that they are risking to fall behind their competition. The assignment is providing some statistics on foreign investments in China, is dealing with a brief overview of the different industry areas for foreign compa-nies and investors in China and explains the main investment forms which can be considered for business establishment in China. The work is concluding with some general information about legal protections for foreign investors and the ITM checklist. Table of Contents: Executive Summary I List of Abbreviations III List of Figures IV List of Tables IV 1. Introduction 5 2. Foreign Investment Categories in China 7 3. Legal Forms for Foreign Investors in China 9 3.1. Joint Venture 9 3.1.1. Equity Joint Venture 10 3.1.2. Cooperative Joint Venture 10 3.2. Representative Office 10 3.3. Wholly Foreign Owned Enterprise 11 3.4. Holding Enterprises for Foreign Investors 11 3.5. “B” Stocks 12 4. Legal Protection of Foreign Investors in China 12 5. Conclusion 13 ITM Checklist 14 References 16
China has developed a piecemeal pattern of regulating foreign investment since the end of 1970s. The latest law is the Foreign Investment Law (FIL), which became effective on 1 January 2020. The groundbreaking new FIL is well acknowledged for its promises and affirmations pledged to investors, signalling China’s eagerness to improve its investment environment and regain momentum for investment growth. This book provides an updated and holistic understanding of the key features of the regulatory regime on foreign investment in China with critical analysis of laws and their implementation. It also examines sensitive and complex legal issues relevant to foreign investment beyond the 2020 FIL and new developments on foreign-related dispute settlement. The book uses cases of success and failure to illustrate the nuances and differences between law and practice regarding foreign investment. Considering China’s magnitude in the global economy and the weighty role of the regulatory system on foreign investment in China, this book is of great interest to a wide range of audience including academics in the field of investment law, legal practitioners, policymakers, and master's students in law and in management.
The Chinese market is appealing, but its legal environment is very complicated and full of nooses that await investors. This book intends to provide an in-depth analysis of the legal environment and its hidden risks for foreign investment. It covers two basic investment modes which are green-field and M and A, and almost all concrete legal issues including political risk, tax, land use rights, labor etc. Among them, three chapters focus on the legal system and its risks for the foreign investment in three special industries as private education, water market and insurance. The detailed analysis is based on the newest laws and regulations.
Since 1993, Chinese foreign investment laws (CFILs) have been moving towards the common principles of foreign investment laws in market economies.This volume summarises four features of the common principles and surveys four aspects of recent developments of CFILs towards these principles — namely, expanding the economic sectors for foreign direct investment (FDI), allowing multiple forms or types of FDI, granting national treatment of FDI step by step, and pursuing transparency of CFILs; and finally comments on the significance of recent developments of CFILs.The author points out that recent developments of CFILs towards a common approach have made great positive impacts on FDI to China, treatment of FDI in China and structural adjustment of CFILs.
Investment in Greater China provides extensive and up-to-date information on the concepts governing foreign investments in China, Hong Kong and Taiwan. The book, written by hands-on experts in a pragmatic style, explores the full spectrum of Greater China?s investment laws and practices including: legal system; land tenure; investment structure; business regulation; taxation; import and export controls; exchange control; regulation of local finance; labour and nationality law; intellectual property; movement of goods; insurance and disputes settlement. Features of this book include comprehensive coverage and sectional user-friendly index to ensure speedy location of information. Investors, legal and tax practitioners, corporate advisers, management consultants and business professionals who need to participate effectively in the Greater China?s investment environment will benefit from Investment in Greater China. This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market. This book was originally published by CCH Asia as the loose-leaf Investment in Greater China
Disk contians forms of sample contracts from Appendix A of the text in Microsoft Word 6.0.
China enjoys the highest level of foreign investment of any country in the world today. Yet, despite substantial liberalization in last decades, investment in China remains tightly circumscribed. For complex reasons stemming from China’s protection of its own internal economy, the government hedges foreign investments, either green field Foreign Direct Investment (FDI) or Mergers and Acquisitions (M&As), with a complex system of laws, regulations and guidelines, bristling with challenges and uncertainties for even the simplest investment or restructurings. This detailed, systematic explanation – by a practicing lawyer with over ten years experience at one of the top law firms in China – provides thorough and up-to-date guidance on the rules and procedures affecting FDI, M&As, and listings in China today. Focusing on such practical matters as key regulations, regulatory requirements, and transactional procedures and structures, the author leads the practitioner through the maze of interconnected national and local authorities, with expert knowledge of when and under what circumstances various rules apply and when they do not as well as practical skills on how to structure a particular deal under current regulations. Included in this superb analysis are detailed descriptions of such factors as the following: • establishment of a new Foreign Invested Enterprise (FIE), including a substantial review of the establishment of both common FIEs (either whole foreign ownership or joint ventures with Chinese parties) and particular FIEs (such as a foreign invested holding company, stock company or partnership); • the cross-border acquisition of a domestic company by foreign investors including the restructuring of existing FIEs by way of domestic re-investment or equity transfer or mergers; • the takeover of a PRC listed company by foreign investors through such ways as a Qualified Foreign Institutional Investor (QFII/RQFII) or strategic investment; • the acquisition of a State-Owned Enterprise (SOE), either listed or non-listed SOE; • the merger control review and national security review involved in an M&A transaction; and • the Initial Public Offering (IPO), follow-on offerings including private placement on Chinese capital market, as well as the issuance of corporate bonds in China. Since the year 2008 when the first edition was published, lots of significant developments were made in regard to the laws and regulations in FDI, M&As and capital market. Such developments and new regulations are given an up-to-date analysis in this second edition. For law firms advising companies on investing in China, or for in-house counsel, this book is without peer as a comprehensive, reliable and easy-to-use resource. At every stage of a project, from the initial business decision to problems arising after successful start-up and during day-to-day operations, it will provide clear, authoritative guidance for years to come.
FIIC is a comprehensive legal guide for foreign investment in English. It highlights the most critical legal issues (including sample forms and precedents) relating to both domestic and foreign business vehicles. It not only presents theoretical explanations and background for various rules, but also gives practical and useful information to foreign and domestic investors in the PRC.