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China Company Formation

CHINA - WFOE
Type of Entity: Wholly Foreign Owned Enterprise (WFOE) There are three distinct WFOE set-ups:
  • Service (or consulting)
  • Trading (or foreign-invested commercial enterprise)
  • Manufacturing
Type of law: People’s republic of China company law and WFOE law
Shelf company availability: Not common
Incorporation time frame: 1 to 3 months depending on district
Minimum Government fees: USD 4,000
Regular Corporate Income Tax: 15% to 25%
Minimum issued share capital : Generally, RMB 1,000,000 (approximately US $157,000) varies depending on the type of industry and location of the business
Minimum paid up share capital on incorporation: 20% (can be in the form of land, plant and equipment, intellectual property, or any such asset)
Minimum number of Shareholders required: One
Bearer Shares: No
Nominee Shareholders Permitted: No
Minimum number of directors: One, This person is in charge of the overall management of the WFOE but not the day to day operations
Corporate directors permitted: Not advisable
Local directors required: No
Local meeting required : No
Company secretary required : No
General Meetings of Shareholders: Yes
Local Registered office required: Yes
Exchange Control: Exchange control regulations
Disclosure of beneficial owner to Company Registrar: Yes
Government register of directors: Yes
Annual return: Yes
Submission of accounts: Yes, Accounting records are required to be kept in Chinese or Chinese with English translation
Audit: Yes, annually by a local firm of certified public accountants
CHINA – Representative Office
Type of Entity: Representative Office
Type of law: PRC law
Shelf company availability: No
Incorporation time frame: 1.5 – 2 months to apply
Minimum Government fees: 2000
Regular Corporate Income Tax: 25%
Minimum issued share capital : NA
Minimum paid up share capital on incorporation: NA
Minimum number of Shareholders required: 1
Bearer Shares: No
Nominee Shareholders Permitted: No
Minimum number of directors: One Chief Representative
Corporate directors permitted: NA
Local directors required: No
Local meeting required : No
Company secretary required : No
General Meetings of Shareholders: NA
Local Registered office required: Yes
Exchange Control: Exchange control regulations
Disclosure of beneficial owner to Company Registrar: Yes
Government register of directors: Yes
Annual return: Yes
Submission of accounts: Yes
Audit: Yes

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