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Non-US Laws/Doing business in China
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Question
Hi, could you please advise what are the options for a US company to establish their presence in the China market? What are the advantage and disadvantages of each option? Thank you
Before answering your question, I would like to introduce the normal Chinese Foreign Investment Form. 1. Sino-foreign joint ventures(Joint venture, JV); 2. Cooperative businesses(Contract venture, CV); 3. Exclusively foreign-owned enterprises(Wholly Foreign Owned Enterprise, WFOE); 4. Representative Office of Foreign Company (RO); 5.Joint exploitation; 6.Foreign-funded share-holding companies; 7. New types of foreign investment. (PLS see to attachments 1: The basic means of China's absorption of foreign investments)
Basically, related laws and ordinances are:
Law of the People's Republic of China on Chinese-foreign Equity Joint Ventures
Regulations for the Implementation of the Law of the People's Republic of China on Chinese-foreign Equity Joint Ventures
Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures
Rules for the Implementation of the Law of People's Republic of China on Chinese-foreign Contractual Joint Ventures
Law of the People's Republic of China on Foreign-capital Enterprises
Rules for the Implementation of the Law of the People's Republic of China on Foreign-capital Enterprises
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John Dong
Expertise
Chinese Lawyer. Practiced in Guangzhou, China. I can answer questions about Chinese businese and commercial law especially investment in China.Also I can answer other question about Chinese law. skype: johnsondong email: dong_xz#tom.com https://www.xing.com/profile/John_Dong3
Experience
Over 10 years practice in the field of Chinese law and international law.
Extensive practice in company law, real estate law, banking, corporation establishment, foreign investment and other foreign affairs. intellectual property settlement, commercial litigation, civil litigation, administrative litigation, criminal defend, divorce, tort liability, product liability. Draft pleadings, defences, motions.
Organizations
Yingke Law Firm Guangzhou Office. Attorney at Law.
Address: 15,16,17,18/F, B tower, Southern Media Building, No.289 Guangzhou Avenue M., Guangzhou, Guangdong, P.R. China. Post Code: 510610
Tel: 8620-6685-7288 Fax: 8620-6685-7289 Mobile: 86-189-2611-5891 http://www.yingkelawyer.com/
Publications
Province Ruled by Law, Economy and Development, Jan. 1998.
Auditors's Liability to Third-Party under the Jurisdiction of U.S.A, Hebei Law Science, May, 1999.
The Legal Framework of Real Estate Mortgage, Postgraduate Journal of Jinan university, June, 1999.
Education/Credentials
Law School:
Jinan University, Economic Law Department,
LL.M (Masters Degree in Law) in Economic Law, 1997-2000.
Zhongshan University, Law Department,
J.D. in Economic Law, 1990-1994.
Past/Present Clients
V*** Inc. (US, NY), F*** Co., Ltd. (US, NY), V*** Inc. (US, CA), S*** GmbH (Germany), S*** Ltd. (Japan), N*** Group. (Italy), W*** Gmbh&Co.KG. (Germany), N*** (CHINA) LIMITED(Hong Kong), L*** Limited of Hong Kong, D*** Bank, Ltd. (Hong Kong), K*** Limited (Hong Kong), F*** Limited (Hong Kong), P***HoldingsCo. Ltd. (Hong Kong), N*** Holdings Limited. (Hong Kong) and etc.
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