In fact, the relevant departments of our country strongly advocate Sino-foreign joint ventures. Sino-foreign joint ventures can absorb each other's advantages in their daily operations, which is conducive to the continuous improvement of the company's internal management system, thus making greater contributions to the market economy in China. However, when operating a joint venture, all parties need to know how Article 52 of the Company Law stipulates the term of operation of the joint venture.
1. How is the term of operation of a joint venture stipulated in Article 52 of the Company Law stipulated?
1. If the joint venture to be established belongs to the following industries, the parties to the joint venture shall stipulate the joint venture term in the joint venture contract in accordance with the provisions of relevant state laws and administrative regulations. These industries include:
(1) Service industries, such as hotels, apartments, office buildings, entertainment, catering, taxis, color film processing, image processing, maintenance and consulting.
(2) Engaged in land development and real estate management;
(3) engaging in resource exploration and development;
(4) Projects with restricted investment as stipulated by the state;
(five) other laws and regulations of the state require an agreement on the duration of the joint venture.
The term of a joint venture is generally 30 years. For projects with large investment, long construction period and low capital profit rate, the joint venture period can be extended to 50 years for projects with advanced technology or key technology provided by foreign parties to produce cutting-edge products. With the special approval of the State Council, it can last more than 50 years.
2. For a joint venture that belongs to projects encouraged and allowed by the state to invest, except for the above-mentioned industries, the parties to the joint venture may stipulate the term of the joint venture in the joint venture agreement or contract, or they may not stipulate the term of the joint venture.
3. If the parties to the joint venture agree to extend the term of the joint venture, they shall apply to the examination and approval authority six months before the expiration of the joint venture. The examination and approval authority shall decide whether to approve or not within 0 months from the date of receiving the application.
2. What are the characteristics of Sino-foreign joint ventures?
1, registered according to law. Take the Joint Venture Law, Company Law and regulations as the legal basis for the establishment of the company.
2, the implementation of the examination and approval system. A joint venture must be jointly established by Chinese and foreign investors. The project must be approved by the government examination and approval authority.
3. Limited liability. Organizational form of joint venture limited liability company.
4. * * * with the management.
5, production and business activities into the national special norms. If equipment and raw materials can be purchased from the international market; Direct export of their own products and so on. Have certain advantages.
6. Located in China, it is a legal person in China.
3. How was the Sino-foreign joint venture established?
The general procedures for establishing a joint venture are: project initiation, negotiation, signing, examination and approval, registration and registration. The application for the establishment of a Sino-foreign joint venture is put forward by the Chinese side, and then the two sides sign the contract on the basis of equality, mutual benefit and consensus. The examination and approval authority shall decide whether to approve or not within three months after receiving all the documents, and issue an approval certificate; A joint venture shall go through the registration formalities with the provincial industrial and commercial department where the enterprise is located within one month, and obtain a business license with this approval certificate. The date of issuance of the license is the date of establishment of the enterprise.
To sum up, Article 52 of the Company Law stipulates that the term of operation of a joint venture is also divided into cooperative projects. For example, the operating time of Sino-foreign joint ventures in real estate, hotels and other service types is generally 10 to 30 years. For some key technology production projects that China cooperates with other countries, the cooperation period approved by the State Council can reach more than 50 years. After the expiration of the cooperation period, the intention to continue cooperation may be put forward to the examination and approval authority six months ago.