Guideline of China Wholly Foreign-owned Enterprise Incorporation

With in-depth understanding of Chinese market of foreign investors, many of them tend to set up wholly foreign-owned enterprise to do business. Setting up wholly foreign-owned enterprises will not only enable the investors to increase marketing decision and response speeds, but also provide the greatest security for the investors to protect their scientific research confidentiality and keep centralized management intact. Meanwhile, foreign investors contribute by installment towards the registered capital, where the first installment shall be paid in an amount at not less than 15% of the statutory capital within 90 days from the date of issue of the business license, and the last installment shall be paid up within 2 years.

 

Required Documents for Incorporation mainly includes:

  1. The feasibility study report
  2. Articles of association
  3. Enterprise Name Approval in Advance Notice
  4. The application for foreign investment company incorporation signed by the proposed legal representative
  5. Meetings Record
  6. The investor’s entity qualification certificate or the natural person’s ID card
  7. The appointment letters and ID cards of directors, supervisors and managers
  8. The legal representative’s appointment letter and ID card
  9. Certificate of assessment of capital
  10. Lease contract or certificate of property rights
  11. Documents or certificates for earlier setup examination and approval

Taxes Involved in the Operation of Wholly Foreign-owned Enterprise in China:

1. Corporate Income Tax: generally the tax rate is 25%; the high tech enterprises with key aided enjoy 15% preferential income tax; those enterprises qualified for small profit enterprises enjoy 20% preferential income tax.

2. Tariff, and Value-added Tax on Importation: foreign investors carrying out investment in related file or projects, shall be entitled to first taxation, and then refund, of tariff and value-added tax or enjoy the tax exempt.

3. Value-added Tax, and Consumption Tax:  The foreign investment productive enterprise being a general taxpayer shall be entitled to “Exemption, Credit and Tax Rebate” of taxation or “Collection First and Refund Later” on the self-managed export, or export on consignment, of its self-produced goods. Meanwhile, during the process of export sales, they can enjoy the tax exempt of value-added tax.

The foreign capital investment enterprise shall be exempt from tariff and value-added tax on importation and consumption tax payable on the goods imported by the trade method of processing materials supplied by customers, and processing imported materials, and exempt from the value-added tax on production and consumption tax on the exported goods produced by it. While, to those foreign capital investment enterprise categorized as “encouraged” shall be entitled to full refund of the value-added tax payable on the home equipment, falling within the scope of the Exemption Catalogue, and purchased within its aggregate investment.

4. Individual Income Tax: Foreign nationals are entitled to a monthly exemption of RMB4800, with the remainder subject to individual income tax at 3-45%. Foreign nationals are exempt from individual income tax payable on the interests from saving deposits with financial institutions

5. Staff Social Security: The enterprise will make a certain social security contribution for its employee at a percentage of the employee’s monthly salary, of which the base and proportion are calculated differently due to different living standards in different regions.

 

Schedule of Taxation Involved in Foreign Enterprises in Major Industries(china taxation http://www.conpak.com/China-Taxation.html)

Taxation Tax Rate Taxation Involved in Various Industries Linkage
Manufacturing Commerce Services Processing with materials, processing according to samples and assembling parts supplied by investor or clients and conducting compensation trade Representative Office
Value Added Tax 17% Click for Value Added Tax details
Business Tax 3%-20% Click for  Business Tax details
Consumption Tax 3%-45% Click for Consumption Tax details
Corporate Income Tax 15%-25% Click for Corporate Income Tax details
Real Estate Tax 1.2% Click for  Real Estate Tax details
Land Value Added Tax 30%-60% Click for  Land Value Added Tax details
Stamp Duty 0.005%-0.1% Click for Stamp Duty details
Customs Duty As provided by the Customs Click for Customs Duty details
Individual Income Tax 3%-45% Click for Individual Income Tax details

Steps to follow for business trademarking in China

The People’s Republic of China is the world’s fastest-growing economy and China’s continuing economic revolution has had a thoughtful influence not only on China but also round the world. The People’s Republic of China is an active member of the Madrid Agreement and the Madrid Protocol. Authorized basis is the Trademark Act, in force since August 23rd, 1982; last modified December 1st, 2001. Trademark security is acquired by registration. The foreign entities and individuals having no everlasting habitation or business establishment in China, in line with Chinese Patent and Trademark Laws, must be diagrammatic by an authorized Chinese patent and trademark secure in patent and trademark tribunal and other records before the State holding.

A trademark is a symbol, word, design, combination of letters or numbers or other device which identifies and extricates goods and facilities in the marketplace. When established through advertising, trade shows, merchandising, and other means that, emblems become one in all your Most worthy assets. Your consumers determine your firm along with your trademark. In China, if you need your logos to be secure by Chinese laws, you want to get pleasure from special privileges to consume these logos. In the Trademark Law of the People’s Republic of China, the first circumstance of that you get pleasure from elite privileges to usage your logos is predicated on the circumstance that your logos have been enumerated with the Chinese Trademark office. So you’ve got to pay close consideration to trademark registration because solely a Chinese recorded trademark is strong in China. The registration should be one that was completed with the Chinese Trademark office or comprehensive in China finished the Spanish capital Protocol and with the Chinese Trademark office when it’s considerable examination. This can be changed from particular Common Law countries. For example, in particular corporate law countries, the consumer of a trademark can purchase the entitlement to expenditure the trademark by victimization the trademark in exchange. However, the statement was that their logos had not been recorded with the Chinese Trademark office. They typically argued that their logos had been recorded or utilized in their own countries. Forlornly, the Chinese Trademark Law can offer protection to their logos only if they need been registered in China. To modify the name of a trademark worldly, a certificate in the maintenance of the modification supplied by the cataloguing organization ought to be acquiesced in China. Wherever the name or address of a trademark mortal is to be reformed, the trademark mortal ought to vary the same adjustment in respect of all his registered emblems.

Essentials of a Chinese company formation

China is the reliable choice of international industrial initiatives pursuing to advancement as a company in Asia. Today, many financiers and industrialists are choosing to planning their businesses abroad – significantly in entitlements like city centre. The perception behind this trend is to generally expedite access into a world bazaar and to assist from tax approachable prerogatives. The municipality is deliberated one in every of the foremost operational sites to outline and route a business, as a result of its notches greatly on factors that return to businesses.

Over the previous few years, the Chinese management has implemented a set of reasonable perceptions on various political and socioeconomic issues and has abridged the role of blind thoughts in surrounding economic strategy. China’s continuing economic revolution has delivered a thoughtful control not only on China however on the planet. The market-concerned with concepts China has implemented over the earlier twenty years have released distinct creativity and entrepreneurship. With its increasing economy and business opportunity, China interests occupation from across the globe. China has become a most popular destination for the rearrangement of universal manufacturing accommodations. Its effectiveness as a distribute policy has donated to revenues and service in China. The state-owned segment still interpretations for concerning 40% of Gross Domestic Product. In current years, establishments have been a benevolent superior courtesy to the supervision of state resources both within the commercial market furthermore as among state owned enterprises and advancement has been remarkable. China is advantageously located at the heart of the Asian region. This facilitates travel from one city to another city such as Shanghai, Beijing and different major Chinese cities at intervals a single day. The China International airport is that the second  busiest international travellers’ airport with one hundred airlines union over  a hundred  and fifty destinations, together with major cities at intervals the Asia Pacific, Europe, North America, and conjointly the geographical region and two relating to forty destinations in the country. China’s concentration of foreign investment is an essential content of China’s rudiments of gap up to the exterior world and is one in all the great preparations of constructing up managed economy with Chinese individualities. The accomplishments accomplished the total world’s consideration, which efficiently encouraged the continual, quick and healthy enlargement of national economy.  The imported investments are primarily separated into the direct venture and alternative means that of investment. The direct investment which is wide embraced includes joint exploitation solely foreign-owned enterprises, Sino-foreign joint ventures, foreign-funded shareholding firms and joint development. For all transactions accomplished an exterior of China, the rate is low. That is always gratifying and detain mind for all nations this doesn’t despicable you don’t pay taxes. We obligation compensations taxes on all income they earn from businesses, yet they’re overseas.

china company include:

  • Incorporation of a Foreign Investment Producer Enterprise
  • Foreign Investment Enterprise(FIE)
  • Foreign Representative Office Incorporation
  • Establishment of Foreign Investment Consulting Service Enterprises
  • Processing & Assembly Company Incorporation
  • Sino-Foreign Equity Joint Venture Incorporation
  • Sino-Foreign Co-operative Joint Venture Incorporation
  • CEPA Foreign Enterprises Incorporation

The best techniques to follow while growing a company in China

The establishment of a company in China is one in all the primary curtails facets of doing business in China, if your company’s arrangement is not set up properly. It is not being structured properly or doesn’t deliver the accurate licenses or authorities it can be incurable for your business or in the least case scenario limit its capacity to develop and reach China. China is still an area with each opportunity and risks in the eyes of most investors attributable to factors like political and cultural backgrounds. Our China company formation facilities are personalized to benefit foreign entrepreneurs coming into the China markets to lawfully and legitimately conduct business.               

Meanwhile 1978, once China released its doors to the outside world, China has appreciated marvelous annual economic growth. It’s currently the second largest economy within the world and therefore the world’s single largest recipient of foreign direct investments among evolving countries. China’s concurrence to the World Trade Organization is widely estimated to create an extra wave of internal investment from foreign corporations because the terms of entrance to new sectors of the China economy area unit increasingly liberalized. Before starting a business in China, you have got to know what the options are. Foreign Investors generally start a business existence in China in one amongst five ways. These are totally Foreign Owned Enterprise (WFOE), Joint Venture, Partnership Enterprise (PE), Honk Kong Port Company and Representative Office. The variances between each of that square measure abridged here those five modes of business presences in China. The investment of capital amount essential for a remote owned entity in China differs reckoning on location and the nature of the business. 100% foreign company possession is allowable in China but the business activities of which a remote company will have interaction in are heavily regulated and restricted to those declared on your company business license. A Foreign invested in Partnership Enterprise (FIPE) may price a try if investors don’t need to invest a great deal of capital to determine a business in China. We don’t request to be grasped all things or to simply accept add areas where others could offer a more robust service. We will investigate your inquiries fastidiously we have a tendency and that will allow you to comprehend at once if we believe your substance is doubtful to make the results you desire or others would signify you better.

Launching an incidence in China remains an exciting expertise for unwary organizations, even with our proficiency and expertise we will seek the way for prospective market competitors. China has three standard kinds of business establishments offered to foreign investors who would like to build their companies.

NECESSARY STEPS ON FORMING A COMPANY IN CHINA

FORMING A COMPANY IN CHINAChina 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.

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.

 

How to Registered Wholly Foreign-owned Enterprise in Mainland China?

China’s huge market and increasingly sophisticated economic and political system has attracted a large number of foreign investors to invest. At present, the main foreign investments in China include foreign joint ventures, Sino-foreign cooperative, wholly foreign-owned and foreign-invested. The wholly foreign-owned enterprise has been favorite by the foreign investors with its simple management and self-financing.

What is a wholly foreign-owned enterprise?

Wholly foreign-owned enterprise (WFOE) is the corporate setting up in China according to relevant Chinese laws, which capital is invested by foreign investors, but does not include branches of foreign companies, enterprises, other economic organizations in China, such as branches, offices, representative offices and so on. In general, the organizational form of WFOE is a limited liability company. The liability of foreign investors for the enterprise is limited by the subscribed capital contribution amount, but WFOE can also be other forms of liability of certification, in which case, the responsibility of foreign investors on corporate is applicable Chinese laws and regulations.

Application requirements

According to the Implementation Rules for Enterprises with Foreign Investment Law of People’s Republic of China, the registered capital of the WFOE must adapt to its business scale, the proportion of registered capital and total investment shall comply with the relevant provisions of China. Investors of applying for a wholly foreign-owned enterprise can be a foreign enterprise legal person, also a foreign natural person. Conpak CPA has set up offices in Shenzhen and Shanghai, and has a thorough understanding of the Mainland’s foreign investment policy. In particular, we remind investors to apply for the establishment of wholly foreign-owned enterprises must be conducive to the development of China’s national economy. The Chinese government welcomes in particular the export of goods and technology advanced foreign-funded enterprises.

Providing information

Foreign investor establishes a foreign-owned enterprise should apply for the examination and approval authorities, and submit the following documents:

1. Legal business (personal investment passport) certificate by the local notary office and local foreign consular (Hong Kong company can be without certification);

2. Credit certificate issued by the Bank (including the number of corporate deposits and funds between settlement credibility);

3. Copies of proof of identity of the directors and others;

4. Delegate book of directors;

5. A copy of proof of identity, resume and photos of legal representative;

6. Proof of the use of company property (including a rental agreement, proof of ownership, etc.);

7. Application for the establishment of foreign-funded enterprises;

8. Feasibility study report;

9. The articles of association of the enterprise;

10. Other Information.

Registration Process

WFOE registration process involves multiple departments :

Company name search -> Prepare and send documents -> Handling PREPAID code ->Bid for business license – > Apply for organization code -> Apply for tax registration to IRD -> Handle other registration

Note: IRD = Inland Revenue Department

It should be reiterated that except for land, all of the investment of foreign-owned enterprise is privately owned by the foreign investors. The incomes of enterprise operations and management activities in accordance with the approved articles of China’s association, which are wholly owned and disposable by the investors after tax. In addition, when the enterprise is terminated, should be timely noticed to be liquidated in accordance with the statutory procedures. If you desire to set up a wholly foreign-owned enterprise registration in Mainland China or need more information, please contact us at any time.