Different Types of Business Structures
In this article, we will discuss different types of business structures in China available for foreigners.
WFOE (Wholly Foreign-Owned Enterprise) – Established by foreign parties without direct involvement from a Chinese investor.
- This is used by 70-90% of Foreign Invested Enterprise.
- Foreign investors solely own and run all affairs concerned with their business under this structure.
- No third party is needed.
- A Chinese partner is not required.
- There is no (MRC) Minimum Required Capital to legally begin running the business.
- Your trademark will be protected within China.
- You have total authority of hiring decisions.
- Ideal for those who wish to establish long-term presence in China.
- Only registration fees must be paid.
To apply for a Wholly Foreign Owned Enterprise, you must:
- Get online approval from the Administration for Industry and Commerce
- Open your bank account
- Obtain Corporate seal stamp on the application
- Apply for tax registration certificate
- Apply for corporate banking account
- This is the second most legal structure used by foreigners to set up a company in China.
JV (Joint Venture) – Established by foreigners who have Chinese business partners.
- The Chinese partner must have over 50% shares in the company.
- Minimum Required Capital (MRC) provided by foreigner must not be less than 25%
- There are two types of joint ventures with a Chinese partner:
- Contractual and equity
- Of the two types, contract is preferred.
- Resources for land and equipment are provided for by the Chinese partner while the foreigner provides the funds and technology.
- This is a good choice for rapid growth into the Chinese market.
- Minimal entry challenges that new businesses often deal with.
To apply for a Joint Venture, you must:
- Provide verification of corporate name.
- Have a corporate office rental.
- Complete the business’s “Articles of Association”
- Business registration
- Obtain business license
- Corporate seal stamp the application
RO (Representative Office) – This is a separate legal entity which represents an existing foreign company in China, known as a Hongda.
- No MRC (Minimum Required Capital)
- R.O. is only allowed to engage in non-profit making operations such as offering market research and customer support.
- Has more limitations than other types of business structures.
- Cannot sign legal contracts or operate a fully functional bank account.
- An R.O’s core function is really just coordination and communication with locals.
- Not ideal for companies that want rapid growth in the Chinese market.
- Most ideal for small companies who want to explore the Chinese market before making an official decision.
- Ideal for a company that just wants to have a simple presence in the Chinese market for some activities.
To apply for a Representative Office, you must:
- Provide verification of corporate name.
- Apply for R.O. registration certificate
- Corporate seal stamp the application
- Apply for corporate code certificate
- Apply for tax registration certificate
*Please note that it takes an average of 11 weeks for processing after all documents have been fully prepared.
Contact Stamped App today for details on which legal structure is right for your business!