A Sino-foreign joint venture refers to an enterprise in which Chinese and foreign joint ventures jointly invest, operate and share profits, risks and losses in China according to the investment ratio according to the laws of China.
A Chinese-foreign cooperative enterprise refers to an enterprise that establishes and completes a project through signing a contract and cooperates in production and operation. It is a contractual economic organization with or without equity.
2. Different organizational forms.
A joint venture must be an enterprise that has obtained the legal person status of China according to law, and it is a limited liability company, and it shall bear limited liability with all its property.
A contractual joint venture may be an enterprise that has obtained the legal person status in China according to law, a limited liability company, and bear limited liability within the limits of its investment or conditions provided, or an enterprise that does not have the legal person status in China, and bear civil liability in accordance with the relevant provisions of China's civil laws. ?
3. The composition principle is different.
Different from the composition principle of Sino-foreign joint ventures, the investment, income distribution, risk and debt sharing of Chinese and foreign partners in Sino-foreign cooperative ventures, and the distribution of surplus property when the enterprise terminates.
The enterprise is agreed by both parties in the cooperation contract. Generally, it is not directly related to the investment ratio of all parties, and the investment, income distribution and risk debt sharing of all partners in the cooperative enterprise are not calculated by equity. The rights and obligations enjoyed by partners have nothing to do with capital contribution.
Baidu encyclopedia-Chinese-foreign cooperative enterprises
Baidu Encyclopedia-Sino-foreign joint venture