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China-Foreign
Equity Joint Venture
A China-Foreign Equity Joint Venture is defined as a
limited liability company, established jointly by companies,
enterprises or other economic organizations or individuals
from outside China and those within China on the principle
of equality and mutual benefit. An equity joint venture
has the status of a Chinese legal person. The investment
of the foreign party cannot be less than 25% of the
total registered capital. Both the Chinese and foreign
investors are involved in the operations of the enterprise
and share the risks and benefits according to their
shares of contributions to the investment. Contributions
to the investment can take the form of buildings, machinery,
property titles, specialized technologies, and land
usage rights. Foreign investors can remit their legal
earnings out of China or reinvest them in China.
Chin-Foreign
Cooperative Joint Venture
A China-Foreign Cooperative Joint Venture is of contractual
nature. It is established in accordance with the terms
and conditions of cooperation of both the Chinese and
foreign parties. In a cooperative joint venture, such
items as the investment amount, the terms of the cooperation,
the distribution of earnings or products, the sharing
of risks and losses, the methodologies of business management
and the ownership of property on the expiry of the contract
term are all defined in contract. The contract is subject
to the approval of the Chinese government and the jurisdiction
of Chinese laws. In general, the foreign party provides
all or the bigger part of the required capital, technologies
and critical equipment, while the Chinese party provides
land usage rights, labor, services or buildings and
materials. The investment of the foreign party shall
not be lower than 25% of the registered capital. Different
from the equity joint venture where the profit sharing
formula or liabilities, rights and obligations of partners
or anything else are based on the contributions of the
partners to the registered capital, a cooperative joint
venture is a contractual form of cooperation. In this
arrangement, distribution of earnings or products, sharing
of risks and losses, methodologies of business management
and the ownership of property upon the expiry of the
contract are not based on shareholding structure, but
on how is prescribed in the contract. In the case of
a cooperative joint venture, the foreign investor is
allowed to recoup its investment first. Upon the expiry
of the contract, all assets of the enterprise belong
to the Chinese investor(s).
Wholly Foreign-Owned
Enterprise
A Wholly Foreign-Owned Enterprise is defined as an enterprise
established by companies, enterprises, other economic
organizations or individuals from outside China exclusively
with their own capital. The definition does not include
branches in China of foreign enterprises or other economic
organizations. Profits earned by the enterprises belong
wholly to foreign investor(s).
Foreign Investment
Joint Stock Limited Company
A Foreign Investment Joint Stock Limited Company is
defined as a company jointly established, through subscribing
a certain amount of capital, by companies, enterprises
or other economic organizations or individuals from
outside China and those within China on the principle
of equality and mutual benefit. Each shareholder contributes
the same amount to the registered capital and is liable
to the company by its share of the registered capital.
The company is liable to its debts by all of its assets.
A Foreign Investment Joint Stock Limited Company is
subject to the jurisdiction of the Chinese laws and
regulations governing foreign investment enterprises.
Investment
Company
An investment company is defined as a limited liability
company established by a foreign investor exclusively
with his own capital or in cooperation with a Chinese
investor. A foreign investor who applies for establishing
an investment company must be creditworthy and financially
strong and must have already established a certain number
of enterprises in China. In addition, the registered
capital of an investment company cannot be less than
USD 30 million. The scope of business of an investment
company can be more extensive than that of ordinary
foreign investment enterprises, and this is because
investment activities by multinational foreign investors
are fully encouraged in China. Currently, investment
companies can invest in those sectors of industry, agriculture,
infrastructure and energy where foreign investment is
encouraged and allowed.
China-Foreign
Cooperative Development
China-Foreign Cooperative Development means that Chinese
and foreign companies jointly explore and develop onshore
and offshore petroleum and mineral resources by signing
a risk contract. This widely used form of cooperation
is of high risk, high returns and high earnings. Three
phases are involved: exploration, development and production.
BOT
BOT means that investors undertake an industrial or
an infrastructure project in China, construct and operate
the project and then transfer the title to this project
to China upon expiry of the contract term . Investors
are entitled to the operations of the project and the
returns on their investment within a fixed period of
time. BOT is often used for projects of highways, power
generation and waste water treatment.
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