First, the concept of domestic and foreign capital division
Domestic-funded enterprises refer to enterprises founded by state-owned assets, collective assets and domestic personal assets. Including state-owned enterprises, collective enterprises, private enterprises, joint ventures and joint-stock enterprises. Foreign-funded enterprises are a general concept, including all foreign-invested enterprises. According to the different shares and share ratios of foreign investors in the registered capital and assets of enterprises and other legal characteristics, foreign-invested enterprises can be divided into Chinese-foreign joint ventures, Chinese-foreign cooperative enterprises and wholly foreign-owned enterprises.
Two. Characteristics of foreign-invested enterprises Foreign-invested enterprises are established in China according to the laws of China, so they are different from foreign enterprises and other branches of foreign enterprises and other economic organizations in China. Foreign-funded enterprises are independent economic entities, operating independently, accounting independently and bearing legal responsibilities independently. As far as organizational forms are concerned, foreign-funded enterprises can be legal persons or non-legal persons. A foreign-funded enterprise with legal personality has obtained legal personality according to law, and its organizational form is generally a limited liability company. The liability of foreign investors to the enterprise is limited to the amount of their subscribed capital contribution.
3. How do domestic enterprises turn into foreign-funded enterprises? To carry out the transformation, it is necessary to meet the necessary conditions: 1, foreign investment. It should reach more than 25% of the registered capital of the enterprise. 2. The Chinese investors retained after the transformation are enterprise legal persons. If the reserved Chinese investor is a natural person, its investment in the original domestic-funded enterprise shall reach more than one year. 3. The business projects of the enterprise meet the requirements in the field of foreign investment access. Belong to the national restricted projects, approved by the provincial examination and approval authorities. If it meets the requirements, you can go through the procedure to make changes. The first is to obtain the approval of the examination and approval authority and apply to the original registration authority with the approval certificate and approval.
Then the original registration authority will review the materials submitted by the enterprise, and if they meet the requirements, the proposal for registration of enterprise type change and enterprise files will be handed over to the foreign-funded enterprise registration authority within 5 working days. Finally, within 30 days from the date of approval by the examination and approval authority, the materials issued by the original registration authority shall be submitted to the foreign-capital enterprise registration authority for registration of change. After accepting the application, the registration authority of foreign-invested enterprises will make a decision of approval or rejection within 5 working days. After this process, we can realize the transformation from domestic capital to foreign capital.