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Juha Lassila

New Regulations for Resident Representative Offices in China | Regulatory Updates - Dez... - 0 views

  • Representative offices cannot employ in excess of four foreign staff, including the chief representative.
  • representative offices will not be permitted to apply for tax exemption
  • representative offices may also not engage in any profitable activities
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  • If you require your China operations to directly buy and sell, have its own import/export license, and legitimately trade in China – you will need to change your current RO structure to that of a foreign invested commercial enterprise (FICE) or wholly foreign owned enterprise (WFOE)
  • 2. ROs are now more expensive to operate than a FICE or WFOE
  • foreign invested commercial enterprises (FICE) These are typically used for the following business activities: • Import-export and distribution • Retailing: selling goods and related services to individuals from a fixed location, in addition to TV, telephone, mail order, internet and vending machines, • Wholesaling: selling goods and related services to companies and industry, trade or other organizations • Agencies, brokerages: representative transactions on the basis of provisions • Franchising Use of wholly foreign owned enterprises (WFOE) in the services industry • Consulting, other professional services • Quality control, after sales services, product design, technical support, sampling (although minimum amount permitted)
  • WFOEs may also be used for manufacturing.
  • the establishment of both a FICE and a WFOE are rather more complex than an RO
  • The structuring and application of the new FICE/WFOE can be combined at the same time as the RO closure.
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    Hmmm... If FICE/WFOE are more complex to setup then what about FIPs - Foreign Invested Partnersips?
Juha Lassila

Minimum Capital Requirements. Good News For Small Companies Looking At Shanghai. : Chin... - 0 views

  • Most jurisdictions require the registered capital be equal to the first full year of expenses of the WFOE.
Juha Lassila

China M&A: Assembling an Effective Team for a China Transaction Part I : China Law Insight - 0 views

  • In-House Team
  • (1) Executive
  • (2) Business Development Manager/Project Manager
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  • (3) In-house lawyer
  • (4) Technician
  • Having a middle manager deal with a China project on a full-time basis and having his destiny interwoven with the China project (i.e. no China project = no job) may mean the deal will proceed regardless of whether it makes sense or not.
  • Having an export manager deal with a China project on a part-time basis will mean that the project may have a lower priority than it deserves
  • “A man who cannot say yes is useless, a man who cannot say no cannot be trusted”
Juha Lassila

China M&A: Assembling an Effective Team for a China Transaction Part II : China Law Ins... - 0 views

  • Medium-sized companies will often need external support for their China projects, and there are so many consultants to choose from in a myriad variety of types and sizes.
  • The China Consultant — Jack of all Trades
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