China which is one of the most populated countries has a good economy. It also has a fast growing economy. One can observe that a lot of products from this country are being exported all over the world. For these reasons, a lot of businesses are being established of formed in this country. Setting up a business is not that complicated and people from other countries can consider setting up a business in China.
Wholly Foreign Owned Entity (WFOE) is the one which is most commonly used or formed by foreigners. A lot of businesses of such kind are being established as China’s economy continues to grow over the years. Many foreigners consider forming a Wholly Foreign Owned Entity as it the one which has the least complicated process of formation. The steps on forming a WFOE in China are stated on the following paragraphs. These steps can be one’s guide on forming a WFOE in China so that problems that you can encounter on such process can be minimized. Furthermore, one who wants to have his own business in China can also have a faster and easier formation of a company.
The first step on the formation of a WFOE is to determine the legal parts of your business. One shall be sure that the form and the business activities of your company are legal with regards to the government in China. You won’t want to establish an illegal company without you knowing it.
The owner of a WFOE on China is required to provide all the necessary documents. These include proper documentation from the owner’s country and also a document which will prove the financial capacity of the owner of the WFOE. Make sure to provide all of these documents.
Other necessary documents are the Articles of Incorporation or its corresponding document for other forms of business, a business license, a certificate of status, a bank letter with regards to the investor or owner’s company and a description of the company’s activities.Â
Make sure that you will be able to submit all of these documents on the right form. The first four documents shall be submitted in Chinese while the last one is not required to be in Chinese. Despite of this, it is required to have a summary of the letter in Chinese.
After this, one must have the approval of the Chinese government for the business. This is very important and one can do so by submitting the necessary documents which include the Articles of Association, Lease, Feasibility Study, proposed personnel salary and benefit budget and other necessary documents. Complying with all of these is very important because doing so is mandatory.
Monthly Archives: June 2013
Types of business entities in China
Before you embark in the incorporation of a business it is important to first know the type of business entities that you are entitled to open as a foreigner and also as a local investor. This will; help you analyze the advantages and disadvantages of each hence enabling you to make the right decision.
Types of business entities
Fully owned foreign enterprise is whereby a foreigner owns the company fully; this is most preferred mode of investment for international investors that are planning to invest in China. It entails manufacturing processing and assembling of parts in China. This type of enterprise does not require huge registered capital. This business is means for productions lines but with time it has proved itself that it can be of use for service a service industry. A manufacturing business entity stands to enjoy tax and incentives on export processing zones or free trade.
Representative offices (RO)
A representative office generally means that production takes place in a different place and this office is used as distribution point of these products in China. However, such offices have their own disadvantages such as:-
- They are not allowed to issue official invoice or receive revenue
- It cannot be termed as a legal entity operating in China
- It is not allowed to hire local Chinese staff
- The representative’s salary is taxed on a monthly basis
- All of their expanses are taxed.
Joint Venture
This is whereby two different parties come to an agreement of development at a given time, they establish a new entity, purchase new assets to develop an equity. Unlike other type of business, in joint venture both parties invest their money, effort and time to establish the original business goal. Joint venture is usually used for small projects but there are major corporations who prefer this method for diversification.
While working with joint ventures it is important to come up with a strategy on how you can sustain the future of this partnership. Most people focus on the short term benefits ignoring that the long term success is what really matters. It is vital for all the partners of the joint venture to have a common goal which is success; they should be honest, clear communication and integrity to achieve these goals.
Having had a review of the company’s that China allows for operation, it now become easier to make a decision on which one will best suit you and your time of business.
China Company Formation – Factors to put into consideration
China company formation might seem as an impossible task, this is with the consideration of how much China is developed, the number of products they manufacture and produce. However, note that they cannot be master of all trades there will also be basic products they do not manufacturer locally hence giving an opportunity to for international investors to establish a company.
There are various ways that one can go about in the incorporation of a company in China, you can either appoint an agent to do it for you or you can appoint a company that specializes in establishment of business to do it for you. Here are the benefits of hiring a qualified company to do it for you:-
Efficiency
If you hire a business that have been in operation for many years hence garnered enough experience, everything would be smooth from how to go about, the necessary documents required and how much it would cost you. Their experience in Chinese economy will help you analyze what business will be or not of relevant to establish on China.
Affordability
Get a company that offers affordable prices, it is important to ensure that you are not exploited by getting quotes from similar company’s thereafter analyzing which one is cheaper and still provides quality services.
Reliability
It is also necessary to ensure that the companies you opt to go with can be relied on, hence they should be able to answer all unclear questions and advice you as and when something is required from you. It is important to have close collaborations in the initial stages of company formation to allow the investor to understand all that is required of them as investors and the Chinese government.
Effective
Such companies should be able to meet the deadline and should have formed the company within the stipulated period, an effective company fully aware of the rules governing company formation in China should not have any problems in meeting the deadline.
All these should be factors that should be considered before choosing a company that will help you incorporate a business in china, it is important to take your time, do your research on the requirements of company formation so that you do not get cheated along the way, consult other investors that have already established their businesses in China and pay attention to their advice, this will help come to the most crucial conclusion of how you want to go about while opening your business.