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Macau Periodical Index (澳門期刊論文索引)
- Author
- Lupi, Jose
- Title
- An overview of the company and foreign investment regulatory framework in China
- Journal Name
- Universidade de Macau : Boletim da Faculdade de Direito = 法律學院學報
- Pub. Info
- 2018, No. 44, pp. 259-292
- Abstract
- This article provides a brief comprehensive overview of the company and foreign investment regulatory framework in China and focuses on its company law, business structures, governance, and foreign and outbound investment key regulations and guidelines. It offers a brief introduction of the first comprehensive corporate legal framework in China, its company law, paving the way for the development of the securities market in the country, and a brief comparative analysis of the corporate governance, transfer of shares, financial reports and dissolution regulations governing limited liability and joint stock companies in China. Further to an introduction to the general and limited partnerships, the article moves to analyze the main forms of foreign invested enterprises in China and their respective regulatory approval requirements and restrictions, including for the representative office, branch, wholly foreign owned enterprise, equity and cooperative joint ventures and the foreign invested partnership enterprise. Finally and following an introduction of the popular variable interest entity, the article concludes with an overview of the China outbound investment regulatory framework and its approval requirements and restrictions. Paragraph Headings： 1. Introduction to the company law of China 2. Overview of the main forms of business structures in China 2.1. Essentials on the limited liability company in China 2.1.1. Corporate governance：the shareholders' meeting, the directors and the supervisors 2.1.2. Transfer of shares 2.1.3. Financial reporters and dissolution 2.2. Essentials on the joint stock company in China 2.2.1. Corporate governance ：the general meeting, the board of directors, the supervisory board and the manager 2.2.2. Transfer of shares 2.2.3. Annual reports, accounting and dissolution 2.3. Essentials on the partnership in China 3. Introduction to PRC foreign investment law 4. Overview of the main forms of foreign invested business structures in China 4.1. Essentials for the Chinese Representative Office 4.2. Essentials of the foreign branch office 4.3. Essentials of the chinese wholly foreign owned enterprise 4.4. Essentials of the joint venture 4.4.1. Equity join venture 4.4.2. Cooperative joint venture 4.5. Essentials of the chinese foreign invested partnership 5. Introduction to foreign investment approvals and restrictions 6. Introduction on the variable interest entities 7. Introduction to chinese outbound investment regulatory framework 8. Introduction chinese outbound investment restrictions and approvals