Sino-foreign equity joint ventures, sino-foreign contractual joint ventures, wholly-owned foreign companies are the major foreign investment forms in China, and other forms include setting up joint-stock companies, investment companies, cooperative development, BOT and etc.
Sino-foreign Equity Joint Ventures
(Law of the People's Republic of China on Chinese-Foreign Equity Joint Ventures)
Sino-foreign equity joint venture is also named as share-hold joint venture. Such company is co-invested by both companies, enterprises and other forms of economic organs or persons from overseas and respective Chinese party(ies) , viz. Chinese companies, enterprises and other domestic economic organs. The character of this form is that each party co-invests, co-operates business, bears risks according to their investment proportion, and shoulders the profits or loss together. It is a limited company with Chinese legal status. The investment proportion held by the overseas investor(s) normally should be no less than 25% of the Registered Capital. Investors are permitted to use cash, buildings or factory buildings, Industrial property rights, intelligent patents, land usage rights and etc as investment. Profits and other legal rights / interests collected by the overseas investors are permitted to remit abroad or re-invest in China.
Sino-foreign Contractual Joint Ventures
(Law of the People's Republic of China on Chinese-Foreign Contractual Joint Ventures)
Sino-foreign contractual venture is also named as bonded joint venture. It is co-invested in means of cooperation conditions provided by both companies, enterprises and other forms of economic organs or persons from overseas and respective Chinese party(ies), viz. Chinese companies, enterprises and other domestic economic organs. Each party should set clear definitions in the investment contract upon cooperation conditions each party to provide, rights, obligations, profits distribution, risks or debts, management methods of the joint venture, property treatment after the closure of the joint venture, etc. Normally, the overseas party(ies) provides all or most of the cash, technology and key equipments, and the Chinese party(ies) provides land usage rights, existing factory facilities and part of cash. Such joint venture can either be legal person entity or non-legal person entity.
Wholly-owned Foreign Invested Company
(Law of the People's Republic of China on Foreign-funded Enterprises)
Wholly-owned foreign invested company is invested in China wholly by overseas companies, enterprises, other forms of economic organs and persons, complied with the Chinese laws and regulations. Such company is limited legal entity, excluding the branch offices set by foreign companies and other forms of economic organs.
Foreign Joint-Stock Company
(Company Law of the People's Republic of China)
Foreign joint-stock company is co-invested in China by means of subscriptions based on the principle of equity and mutual benefits by both companies, enterprises and other forms of economic organs or persons from overseas and respective Chinese party(ies), viz. Chinese companies, enterprises and other domestic economic organs. The capital of such company is composed by equal share, and each shareholder bears its legal obligation by the means of subscribing capital, while the company shoulders its own debts and obligation with all the assets. As one form of foreign investment, such company is applicable to related Chineselaws and regulations of foreign investment.
Investment company is a limited company majoring involved in the business of direct investment in China, which could be a wholly-owned or sino-foreign joint venture. The foreign investor(s) must have enough capital and enjoy good reputation. Besides, they must have set up several foreign-invested enterprises in China before setting up the investment company. The actual-paid register capital should be at least 30 million USD. Investment company approved by Chinese government can have much broader business scope than normal foreign companies do so as to encourage their investment activities in China. Currently, investment company can invest in the fields encouraged or permitted by Chinese government such as industry, agriculture, infrastructure and energy.
Sino-foreign Cooperative Development
Sino-foreign cooperative development refers that Chinese company(ies) signs risk contract with foreign company(ies) to do exploiting development on the ocean or land oil ore and mine resources. It is a traditional economic development cooperation broadly adopted in the natural resource fields. High risk, heavy investment and high profits are its characters. Such cooperation normally can be divided into 3 phases: survey, developing and producing.
BOT is a target industrial project or infrastructure facility project in a given country executed by the investor(s). The investor(s) is in charge of project construction, operation, maintenance and transferring. The investor(s) is permitted to operate the facility in a fix period and draw back the cost of investment, operation, maintenance and etc. in the said period. At the closure of the period, the investor(s) should transfer the facility to the local government. In China, BOT is always in the means of setting up project company, and tried in the fields of expressways, power plants and wastewater treatment facilities.