China S Foreign Invested Limited Partnership Enterprise
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China S Foreign Invested Limited Partnership Enterprise
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Author : Stephan Kuntner
language : en
Publisher: Springer Nature
Release Date : 2020-10-01
China S Foreign Invested Limited Partnership Enterprise written by Stephan Kuntner and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-01 with Law categories.
Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.
China S Foreign Invested Limited Partnership Enterprise
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Author : Stephan Kuntner
language : en
Publisher:
Release Date : 2021
China S Foreign Invested Limited Partnership Enterprise written by Stephan Kuntner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.
Chinese Company And Securities Law
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Author : Chengwei Liu
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-01-21
Chinese Company And Securities Law written by Chengwei Liu and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-21 with Law categories.
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.
Foreign Direct Investment In China
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Author : Philip D. Grub
language : en
Publisher: Praeger
Release Date : 1991-08-30
Foreign Direct Investment In China written by Philip D. Grub and has been published by Praeger this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-08-30 with Business & Economics categories.
Written for international business managers and executives, this book offers a comprehensive and authoritative discussion of foreign direct investment in the People's Republic of China. The authors note at the outset that although the events of Tiananmen Square brought both trade and investment to a virtual standstill, new investment is now again flowing into China (but at a guarded pace). For those wishing to pursue the numerous opportunities that still exist, this volume offers a full analysis of the risks involved, a thorough treatment of the different forms of investment activities in China, complete coverage of China's investment policies and incentives, and specific case studies of foreign direct investment in China. The authors begin by providing an overview of the Open Door Policy and China's economic and managerial systems. Next, they discuss special economic zones and open cities; investment policies, such as flexible foreign ownership and choice of investment location; new incentives after 1986; and investment motivations. The modes of foreign investment covered include equity joint ventures, contractual joint ventures, wholly foreign-owned enterprises, joint oil exploration, compensation, and trade. Separate chapters analyze foreign investment inflows, identify the organizations involved in foreign investment, describe investment negotiation and approval procedures, and provide a detailed example of a joint venture feasibility study. Three case studies and an evaluation of the outlook for future foreign investment in China complete the volume. Numerous explanatory tables and figures amplify points made in the text. Two appendixes provide a sample contract and articles of association for joint ventures in China and the regulations for development and opening of the Shanghai Pudong New Area. A third appendix lists the rules for the implementation of Chinese law on wholly foreign-owned enterprises in China.
The Limited Partnership In China
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Author : Lin Lin
language : en
Publisher: Springer
Release Date : 2016-03-08
The Limited Partnership In China written by Lin Lin and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-08 with Law categories.
This book provides an in-depth legal examination of limited partnership in the context of China’s venture capital and private equity market. It aims to provide an authoritative and timely evaluation of the Chinese partnership law and limited partnership regime and will be a valuable tool for practitioners who need a readily available source of information on Chinese partnership law and those who wish to understand how the Chinese partnership regime operates and functions. The book explains the essential characteristics of Chinese partnership law and Chinese limited partnership, highlighting difficult and developing areas by examining relevant legislation and recent cases. In addition to Chinese authorities, it also covers legislation and cases from overseas jurisdictions, such as the UK and the US. New developments such as the amendments to the PRC Partnership Enterprise Law 2007, new legislation and regulations on foreign partnerships and private equity funds are also covered. The book explains the essential areas of Chinese limited partnership such as management and control, duties and liabilities of partners, remedies for limited partners, dissolution, liquidation and taxation. Based on thorough comparative and empirical studies, the book examines existing and potential legal problems under the current law and offers key proposals for practitioners and lawmakers. The empirical problems identified in the book may also guide subsequent discussion and legislation on the limited partnership model and the ongoing debate on new business vehicles.
Foreign Direct Investment In China
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Author : Michael H. K. Ng
language : en
Publisher: Routledge
Release Date : 2013-05-29
Foreign Direct Investment In China written by Michael H. K. Ng and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-29 with Business & Economics categories.
Foreign direct investment has contributed significantly in transforming the Chinese economy over the past three decades. China has become one of the most popular destinations for foreign direct investment. For corporations and business executives who desire to participate in the expanding China market, understanding correctly the driving forces and impacts of foreign direct investment in China, as well as the ways to smartly execute investment transactions there has become the fundamental knowledge that they need to grasp. This book is a combination of the author’s research and 15-year practical experience in managing investment transactions in China. This book uniquely offers both a theoretical overview of the phenomenon of FDI in China (chapters two to four) as well as the practical steps in executing investment transactions there (chapters five to seven). The author also provides illustrative charts and tables, literature summaries, transaction templates based on case studies from his real-life experience on the ground. This is so far the only book on FDI in China which covers both the theoretical perspectives as well as practical advices in investments. This book serves not only as a useful resource for students, teachers and policy makers who are interested in both theoretical and practical aspects of FDI in China, but also a valuable guidebook for business development executives, investment professionals and transaction lawyers who are involved in direct investment deals in China on a daily basis.
Law And Investment In China
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Author : Vai Io Lo
language : en
Publisher: Routledge
Release Date : 2004-08-02
Law And Investment In China written by Vai Io Lo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-02 with Business & Economics categories.
The Chinese market is appealing, but the Chinese legal system is very complicated. A basic understanding of Chinese law is absolutely crucial for companies investing in this fast-growing and potentially huge market. Since China is moving toward a socialist market economy and is increasingly integrated into the world market, some aspects of China's commercial law are different from, while others are moving into line with, those of mature market economies. This book provides an introduction to the Chinese legal system, focusing on laws and regulations on foreign direct investment and highlights recent government policies and measures undertaken to intensify economics reforms so as to meet various challenges arising from China's accession to the World Trade Organization.
Setting Up Joint Ventures In China
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Author : Chris Devonshire-Ellis
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-07-15
Setting Up Joint Ventures In China written by Chris Devonshire-Ellis and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-07-15 with Business & Economics categories.
This brand new guide book is a comprehensive overview of establishing joint ventures in China. It details all applicable decision making processes such as assessing your potential partner, choosing the relevant JV structure, conducting legal and financial due diligence. The guide contains complete JV contract and articles of association as well as an overview of JV law, details negotiation issues, land use rights, IP Protection and technology transfer, in addition to tips on staff hiring and HR. It also describes the tax and audit responsibilities in addition to buying out a JV partner and liquidations. It is a concise, detailed yet pragmatic guide of use to anyone considering or owning a JV in China.
Primer On Foreign Investment Enterprises And Protection Of Intellectual Property In China
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Author : Daniel Chow
language : en
Publisher: Springer
Release Date : 2002-04-25
Primer On Foreign Investment Enterprises And Protection Of Intellectual Property In China written by Daniel Chow and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-04-25 with Business & Economics categories.
This volume provides an in depth approach to issues and problems currently confronted by multi-national enterprises ("MNEs") and other large foreign investors in China. It examines legal, business, and strategic issues for foreign investors that are seeking to enter the China market and for those foreign investors already in China and seeking to expand or reorganize their operations. The volume takes an overall approach of the large foreign investor with a long term business plan for China and proposes a basic corporate structure for this investor. The structure involves a series of wholly foreign owned enterprises, joint ventures, and representative offices all under the control and ownership of one or more investment holding companies. Each of the entities in this structure are discussed individually and as part of an overall corporate conglomerate. The volume also examines the protection of intellectual property as a basic corporate business problem that should be part of the initial planning process as the foreign investor makes its initial move into China. Too often protection of intellectual property is not considered to be a priority until violations occur in China. Some prior planning and an emphasis on protecting intellectual property rights can be advantageous and help to avoid the serious problems that can later arise. This volume is written for those business and legal managers who are given heavy responsibilities for managing a China business but who lack a background in China. Because of the great interest in China by many MNEs, many business and legal managers are moving to China or are given additional responsibilities in the US for the MNE's new China operations. Many of these persons are expected to make decisions about a China operation even though they may lack even basic knowledge about the Chinese political, legal, and business environment. This is the first book written by an American lawyer designed to address this need.
A Complete Guide To Foreign Investment In China
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Author : Baotai Chu
language : en
Publisher:
Release Date : 1987
A Complete Guide To Foreign Investment In China written by Baotai Chu and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with China categories.