If a wholly foreign-owned enterprise is an investment foreign-invested enterprise, your company will become a foreign-invested enterprise after being acquired;
Otherwise, a wholly foreign-owned enterprise is an ordinary foreign-invested enterprise. Because it is a domestic institution, your company is still a domestic enterprise after being acquired.
Strictly speaking, the reinvestment of foreign-funded enterprises means that foreign-funded enterprises participate in other enterprises. Specific forms include new establishment, merger and acquisition (equity acquisition is your company's situation) and capital increase. Except for the above-mentioned special circumstances, the established (or purchased or participated in) enterprises are still domestic-funded enterprises.
Another situation is the reinvestment of foreign-invested enterprises' overseas income. If foreign investors (foreign investors) set up or buy enterprises with the profits generated by the invested enterprises, then the enterprises set up later are all foreign-invested enterprises, just like those that generate profits.
The industrial and commercial bureau may interpret your situation as the latter reinvesting.
What is a foreign-funded enterprise?
A foreign-funded enterprise refers to an enterprise established in China according to the laws of People's Republic of China (PRC), which is jointly invested by China investors and foreign investors or invested by foreign investors alone.
(2) Types of foreign-invested 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 three types:
1. Sino-foreign joint ventures. Its main legal features are: there are legal requirements for the proportion of foreign investors in the registered capital of enterprises; Enterprises adopt the organizational form of limited liability companies. Therefore, this kind of joint venture is called equity joint venture.
2. Chinese-foreign cooperative enterprises. Its main legal features are: there is no mandatory requirement for foreign investors to participate in the registered capital of enterprises; Enterprises adopt flexible ways of organization and management, profit distribution and risk burden. Therefore, this kind of joint venture is called contractual joint venture.
3. Joint venture. Its main legal feature is that all the capital of an enterprise belongs to foreign investors.
Second, the concept of foreign-funded enterprises and the legislation of foreign-funded enterprises in China
(A) the concept of foreign-funded enterprises
Foreign-funded enterprises refer to the general name of laws and regulations on the organization and activities of foreign-funded enterprises, and it is a legal system formed by many legislative norms on foreign-funded enterprises. Its main contents include organizational form, establishment and registration procedures, legal status, investment relations, legal documents, rights and obligations of Chinese and foreign parties, organizational structure, operation and management, labor relations, taxation, foreign exchange management, dissolution and liquidation, etc.
(B) China's legislation on foreign-funded enterprises.
The legislation of foreign-funded enterprises in China has been gradually established and continuously improved with the reform and opening-up policy of China, and a relatively complete legislative system of foreign-funded enterprises has been formed so far. Among them, the important laws and regulations are: Law on Chinese-foreign Joint Ventures, Law on Chinese-foreign Cooperative Ventures, Regulations on the Implementation of the Law on Chinese-foreign Joint Ventures, Regulations on Encouraging Foreign Investment, Detailed Rules for the Implementation of the Law on Foreign-funded Enterprises, Detailed Rules for the Implementation of the Law on Chinese-foreign Cooperative Ventures and some supplementary provisions.
Three. Legal protection and jurisdiction of foreign-funded enterprises
Foreign-funded enterprises established in China are not only protected by the laws of China, but also governed by the laws of China. Foreign-funded enterprises must abide by the laws and regulations of China and shall not harm the social interests of China. Relevant state organs shall manage and supervise foreign-invested enterprises according to law. In order to protect the legitimate rights and interests of foreign-funded enterprises, the state does not nationalize and expropriate joint ventures and foreign-funded enterprises. Under special circumstances, according to the needs of social interests, it can be levied in accordance with legal procedures and given corresponding compensation.
Concepts and types of foreign-funded enterprises
(A) the concept of foreign-funded enterprises
A foreign-funded enterprise refers to an enterprise established in China according to the laws of People's Republic of China (PRC), which is jointly invested by China investors and foreign investors or invested by foreign investors alone.
(2) Types of foreign-invested 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 three types:
1. Sino-foreign joint ventures. Its main legal features are: there are legal requirements for the proportion of foreign investors in the registered capital of enterprises; Enterprises adopt the organizational form of limited liability companies. Therefore, this kind of joint venture is called equity joint venture.
2. Chinese-foreign cooperative enterprises. Its main legal features are: there is no mandatory requirement for foreign investors to participate in the registered capital of enterprises; Enterprises adopt magical ways of organization and management, profit distribution and risk burden. Therefore, this kind of joint venture is called contractual joint venture.
3. Joint venture. Its main legal feature is that all the capital of an enterprise belongs to foreign investors.
The Concept of Foreign-funded Enterprises and Legislation of Foreign-funded Enterprises in China
(A) the concept of foreign-funded enterprises
Foreign-funded enterprises refer to the general name of laws and regulations on the organization and activities of foreign-funded enterprises, and it is a legal system formed by many legislative norms on foreign-funded enterprises. Its main contents include organizational form, establishment and registration procedures, legal status, investment relations, legal documents, rights and obligations of Chinese and foreign parties, organizational structure, operation and management, labor relations, taxation, foreign exchange management, dissolution and liquidation, etc.
(B) China's legislation on foreign-funded enterprises.
China's legislation on foreign-funded enterprises has been gradually established and continuously improved with China's reform and opening-up policy, and a relatively complete legislative system for foreign-funded enterprises has been formed so far, among which the important laws and regulations are: Law on Sino-foreign Joint Ventures, Law on Foreign-funded Enterprises, Law on Sino-foreign Joint Ventures and Law on Sino-foreign Joint Ventures. ......
What is the difference between a foreign-invested enterprise and a wholly foreign-owned enterprise?
What is the difference between a foreign-invested enterprise and a wholly foreign-owned enterprise?
Compared with domestic enterprises, foreign-invested enterprises can be jointly funded by both Chinese and foreign parties.
The difference between wholly foreign-owned enterprises is that all their capital is foreign investors.
See Baidu entry for details.
What's the difference between foreign-invested enterprises and foreign-funded enterprises?
Foreign-funded enterprises generally refer to wholly foreign-owned enterprises, that is, all capital contributions are made by foreign investors; It belongs to a foreign-funded enterprise.
What is an investment-oriented foreign-invested enterprise?
Companies engaged in direct investment established by foreign investors in China in the form of sole proprietorship or joint venture with China investors are called investment-oriented foreign-invested enterprises. Its corporate form is a limited liability company.
What are the criteria for judging foreign-funded companies?
Foreign-invested enterprises refer to enterprises that foreign enterprises and other economic organizations or individuals invest in China in various ways and are established in accordance with the laws of China, and can independently bear civil liabilities.
Enterprises with foreign investment are divided into joint ventures, cooperative enterprises and wholly foreign-owned enterprises.
What does an unincorporated foreign-invested enterprise mean?
Refers to foreign-invested enterprises in the form of unincorporated organizations, mainly Chinese-foreign cooperative foreign-invested enterprises and foreign-invested partnerships.
What is a foreign company?
Wholly foreign-owned enterprises refer to foreign companies, enterprises, other economic organizations or individuals established in China according to the laws of China, and all their capital is invested by foreign investors. According to the provisions of the Law on Foreign-funded Enterprises, the establishment of foreign-funded enterprises must be conducive to the development of China's national economy, and at least one of the following conditions should be met, namely, adopting international advanced technology and equipment; All or most of the products are exported. The organizational form of foreign-funded enterprises is generally a limited liability company, which can also be said to be a one-person limited liability company. But it does not include branches of foreign companies, enterprises and other economic organizations in China, such as branches, offices and representative offices.
What are the forms of foreign-invested enterprises?
Sino-foreign joint ventures, Sino-foreign cooperation and foreign-funded enterprises are the main ways for foreign investors to invest in China. Other investment methods include the establishment of foreign-invested joint-stock companies, investment companies, cooperative development and BOT. I. Sino-foreign joint ventures Sino-foreign joint ventures are also called equity joint ventures. It is an enterprise jointly invested by foreign companies, enterprises and other economic organizations or individuals and China companies, enterprises or other economic organizations in China. It is characterized in that all parties to the joint venture * * * jointly invest, * * * jointly operate, * * * bear risks, and * * * make profits and losses according to their respective investment proportions. Sino-foreign joint ventures are limited liability companies with legal personality in China. Under normal circumstances, the proportion of foreign investors' investment in the registered capital shall not be less than 25%. A joint venture may make its capital contribution in cash or at a fixed price with buildings, factories, machinery and equipment, other materials, industrial property rights, proprietary technology and the right to use the site. Profits and other legitimate rights and interests shared by foreign investors can be remitted abroad or reinvested in China. 2. Chinese-foreign cooperative enterprises Chinese-foreign cooperative enterprises are also called cooperative enterprises. It is an enterprise jointly organized by foreign companies, enterprises and other economic organizations or individuals in China with companies, enterprises or other economic organizations in China on the basis of cooperation conditions provided by China and foreign countries. A Chinese-foreign contractual joint venture shall clearly stipulate the conditions, rights, obligations, income distribution or risks, debt commitment, enterprise management mode and property disposal after the expiration of the cooperation in the enterprise contract. Generally speaking, when a Chinese-foreign cooperative enterprise is established, the foreign party will provide all or most of the capital, technology and key equipment, and the Chinese side will usually be responsible for providing land use rights, existing factory facilities or part of the funds. A contractual joint venture may or may not have legal personality. 3. Foreign-invested enterprises Foreign-invested enterprises refer to enterprises established in China by foreign companies, enterprises and other economic organizations or individuals in accordance with the relevant laws of China, and all their capital is invested by foreign investors. Enterprises with foreign investment are organized as limited liability companies, excluding the branches of foreign enterprises and other economic organizations in China. Four. Foreign-invested joint-stock companies A foreign-invested joint-stock company refers to a company jointly established in China by foreign companies, enterprises and other economic organizations or individuals and companies, enterprises or other economic organizations in China in accordance with the principle of equality and mutual benefit. All the capital of a foreign-invested joint stock limited company consists of equal shares, and each shareholder is liable to the company with the shares subscribed, and the company is liable to the company's debts with all its property. It is a form of foreign-invested enterprises, and the relevant provisions of national laws and regulations on foreign-invested enterprises are applicable. V. Investment Company An investment company refers to a company engaged in direct investment established by foreign investors in China in the form of sole proprietorship or joint venture with China investors, and its form is a limited liability company. A foreign investor applying for the establishment of an investment company must have a good credit standing and considerable economic strength, have established a certain number of foreign-invested enterprises in China, and have actually paid a registered capital of not less than US$ 30 million. The investment companies approved by China * * * are endowed with a wider business scope than ordinary foreign-invested enterprises to encourage multinational companies to carry out a series of investment activities. At present, investment companies can invest in industry, agriculture, infrastructure, energy and other fields that the state encourages and allows foreign investment. 6. Sino-foreign cooperative development Sino-foreign cooperative development means that China companies and foreign companies jointly explore and develop offshore and onshore oil and mineral resources by concluding risk contracts. It is a widely used way of economic cooperation in the field of natural resources in the world at present, and its biggest feature is high risk, high investment and high income. Cooperative development is generally divided into three stages: exploration, development and production. 7. 7.BOTBOT means that the investor undertakes an established industrial project or infrastructure project in the investing country, and is responsible for the construction, operation, maintenance and handover of the project. Investors operate the facilities within a fixed period of time, and are allowed to recover the investment, operation, maintenance and other expenses of the project within this period. After the specified period expires, the project will be handed over to the project party.
Are wholly foreign-owned enterprises and foreign enterprises the same thing?
The nature of enterprises is divided into state-owned enterprises, collective enterprises, joint-stock cooperative enterprises, companies and others.
Foreign-funded enterprises (also known as foreign-funded enterprises) are enterprises invested by foreigners in China. Foreign enterprises are branches of foreign enterprises in China. Wholly foreign-owned enterprises are different from foreign enterprises!
What is a foreign-funded enterprise?
Three types of foreign-invested enterprises established in China are called foreign-funded enterprises: Sino-foreign joint ventures, Sino-foreign cooperative enterprises and foreign-funded enterprises.