在中国(Pt 1)开始新的事务： 法定个体
由Toffler Niemuth
为非律师在我们之中，形成法定个体为新的事务可能作为一个小路障进入早期。 在中国，形成可以是一个更大的路障，特别是因为外国人设法驾驶不计其数的部，语言障隘，开发必要的guanxi和一般推测怎么系统运作。
由于此，我的想法是安排我的事务在中国开始以’ d负责对所有政府、并网和税问题，当留给我事务时的施行和操作边的一个地方伙伴的名义。 实际上，它容易对汉语能开始事务(在中国)比外国人。 的确，中国人只需要CNY1能开始事务。 无论如何，我认为这是最佳的计划，另一方面，但卖的赢利的问题，遣送回国等等开始出现我的头脑，因此我寻找了另外的忠告。
一位美国企业家在中国建议我在大陆然后将打开一个完全外国拥有的辅助者的香港合并一家控股公司(WOFE)经营。 这在大陆(明显地恶梦)允许HK总公司被买卖，无需接触辅助者并且必须应付产权转移。
I cross-checked this advice with another Australian entrepreneur in China who said this only works if you have operations in another country. According to her, the Chinese government doesn’t allow this method if you don’t have operations in another country, which I have no intention of having (initially, if ever).
Further research suggests I may not be eligible for a WOFE anyway as I intend to ’sell to the Chinese market’, well, more accurately provide a service to expats (and some Chinese) within China but I guess that’s still the same. According to that same site, my local partner could act just as I had in mind: “The local partner […] may be a silent partner who was acquired by the foreign firm simply to gain domestic market access.”
A different site suggests that information is outdated and therefore “With China’s entry into the WTO, these conditions were gradually abolished and the WFOE is increasingly being used for service providers such as a variety of consulting and management services, software development and trading as well. […] The advantages of establishing a WFOE include: Capable of converting RMB profits to US dollars for remittance to their parent company outside China.” By comparison to the Chinese who can start a business with CNY1, a WOFE requires registered capital of USD120,500.
Guess its time to consult a lawyer. In the meantime, I welcome anyone’s advice who has had experience with this.
Toffler Niemuth, Shop My Shanghai
April 5th, 2008 at 5:48 am
Nearly everything you say on here is wrong. There is no good way to start a company with a Chinese partner without it being a joint venture. If you are going to sell to China from within China, you almost certainly do need a WFOE. It is almost always easier to have that WFOE owned by a foreign company (though it is possible to have it owned by you individually), but that foreign company certainly not need be from HK; in fact most of the time for our American clients it makes sense to form a US LLC to own the Chinese WFOE.
I can tell a million horror stories of foreigners who tried to save money by having a Chinese “partner” start their business for them in China as a domestic company owned by the Chinese partner “on behalf of the foreigner.” Worst case scenario is that the Chinese partner runs away with the company as soon as it gets profitable.
April 6th, 2008 at 4:45 am
Some people shall be very careful when they publish so called “experts”. The first guy or girl who comes to town -here actually in Shanghai- she/he knows how it works here.
I can understand that there is a demand for China expertise on law and management but not everybody qualifies for it!
April 6th, 2008 at 4:55 am
I agree. I also do not think it is a safe entity for you, Toffler! Now I am working in a foreign company in the name of Chinese local in Dongguan as a Canadian boss’s assistant. The problem will happen is like the local man will interfere every field, finance, management,ect. which will make you headache.
Another, policy of the inner China and coastland economic area is different. So where is your ideal place for entity?
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