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Corporate Service - China

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Q&A on New China “Foreign Investment Law”

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The new "Foreign Investment Law of the People’s Republic of China" has officially come into force on Jan 1 2020. As the new fundamental law for foreign investment in China, let's follow Kaizen's footstep investigate its highlights!

Q: What is the scope of the foreign investment regulated by "Foreign Investment Law"?
A: "Foreign Investment" refers to the investment activities of foreign natural persons, enterprises or other organizations directly or indirectly conducted within China which include:  
1. foreign investors set up foreign invested enterprises within China solely or jointly with other investors.
2. foreign investors obtain the shares, equities, property shares or other similar rights and interests of the enterprises within China.
3. foreign investors invest in new projects within China solely or jointly with other investors.

Q: What does the foreign invested enterprise mentioned in "Foreign Investment Law" mean?
A: "Foreign Investment Law" refers to the enterprises that are wholly or partly invested by foreign investors and registered within China according to China law.

Q: After the implementation of "Foreign Investment Law", is there any changes to the definition of "foreign investors"?
A: Foreign investors, as defined by foreign investment law, include foreign natural persons,enterprises or other organizations. The "other economic organizations" is changed to "other organizations", which is a wider range including international organizations, non-profitable organizations, other national or regional government organizations.

Q: After the implementation of "Foreign Investment Law", what laws shall be applied to the organization forms of foreign invested enterprises?
A: After the implementation of "Foreign Investment Law", the former three laws for foreign investment are abolished simultaneously. The organization forms, structures and norms of activity shall apply to "Company Law", "Partnership Enterprise Law" and other relevant laws.

Q: After the implementation of "Foreign Investment Law", is the highest authority of a Sino-foreign joint venture still the board of directors?
A: After the three laws of foreign investment abolished, the highest authority of a Sino-foreign joint venture shall be the shareholder or board of shareholders.

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