2010 The First Foreign-Funded Partnership Enterprise Was Established In Quanzhou

Yesterday, the reporter learned from the Municipal Administration for Industry and Commerce that the first foreign-invested partnership in our city was established after being approved and registered by the Municipal Administration for Industry and Commerce. Since the implementation of the Administrative Measures for the Establishment of Partnership Enterprises by Foreign Enterprises or Individuals in China by the State Council on March 1 Quanzhou The first foreign-funded partnership enterprise established.

Expansion form:“ Three capital ”Another type

It is understood that the first foreign-funded partnership enterprise in our city is called Quanzhou Haowei Biological Research Center. The projects undertaken by the center are biodiesel R&D projects encouraged by foreign investment, which meet the conditions for the establishment of foreign-funded partnerships.

"The establishment of the center is a breakthrough of zero foreign-invested partnership enterprises in Quanzhou, and also a sign of further enriching the forms of foreign investment and further simplifying the registration process of foreign-invested enterprises." According to the relevant person in charge of the Municipal Administration of Industry and Commerce, foreign investors can register Sino foreign joint ventures, Sino foreign cooperative enterprises In addition to wholly foreign-owned enterprises (commonly referred to as "three capital" enterprises), a new type of enterprise can now be registered -—— foreign investment Partnership.

Lower threshold: direct registration system can be implemented

"The original foreign-funded enterprises need to be approved before they can be registered, but the new management regulations once again lower the entry threshold for foreign-funded enterprises, that is, if the registration application materials submitted by the applicant are complete and in line with the legal form, they can be directly registered and issued a business license." According to the staff of the Municipal Administration of Industry and Commerce, China has previously implemented a special management system for foreign investment, The implementation of the direct registration system for foreign business partnerships will become a new exploration of the city's access to foreign-related business entities.

"This year, there are 77 new foreign-funded enterprises in our city. Up to now, there are about 5000 foreign-funded enterprises in the city, and the number of foreign-related business entities and representative offices has steadily increased." The relevant responsible person revealed that compared with the original "three capital" enterprises, the biggest feature of foreign-funded partnerships is that they can be composed of more than two overseas enterprises or individuals, or overseas enterprises Individuals and domestic natural persons, legal persons or other organizations set up partnership enterprises in China, which enables Chinese citizens to set up enterprises with foreign investors as natural persons for the first time.

Protection of investors: technology partnership is recognized

The lowering of the application threshold is not only conducive to expanding the absorption of foreign capital in our city, but also will provide a broader channel for cooperation between Quanzhou and Taiwan.

"This will be a major benefit to the textile fabric industry, which has frequent industry university research cooperation in recent years." Mr. Wang, a staff member of a textile and clothing enterprise, said that since last year, Quanzhou and Taiwan have conducted extensive industry university docking in textile fabric research and development. According to statistics, Among Shishi's textile enterprises alone, hundreds of backbone enterprises have formed industry university research cooperation alliances with Taiwan's scientific research institutes and their experts. Many backbone enterprises have also established profitable research and development institutions, some of which invest in partnership in the form of capital, material objects, technology, technical services, etc.

According to him, because it is difficult to apply for this form of partnership and the procedures are cumbersome, they often manage the enterprise behind the scenes in the form of "named partners" to avoid relevant legal restrictions.

In this regard, the insiders said that the new regulations legally protect the rights of actual business partners, which will further increase the efforts of foreign technology and capital injection into Quanquan enterprises, and provide more powerful scientific research support for Quanquan enterprises.

Types of foreign-funded enterprises

Foreign funded enterprises are a general concept, including all enterprises with foreign capital:

1. Foreign funded partnership enterprises. Its main legal characteristics are: it is established in China by more than two overseas enterprises or individuals, and it is established in China by foreign enterprises or individuals and natural persons, legal persons or other organizations in China.

2. Sino foreign joint ventures. Its main legal characteristics are: the proportion of foreign businessmen in the registered capital of enterprises has legal requirements; The enterprise adopts the organizational form of limited liability company. Therefore, this kind of joint venture is called equity joint venture.

3. Chinese foreign contractual joint ventures. Its main legal characteristics are: there is no mandatory requirement for foreign investors to share in the registered capital of enterprises; The enterprise adopts flexible organization management, profit distribution and risk bearing methods. Therefore, this kind of joint venture is called contractual joint venture.

4. Foreign funded enterprises. Its main legal characteristics are that all the capital of the enterprise is invested and owned by foreign investors.

Related Links

Since the reform and opening up, China has always restricted foreign investment in China to the form of corporate enterprises, which is commonly referred to as "three capital" enterprises. On November 25 last year, the State Council issued the Administrative Measures for the Establishment of Partnership Enterprises by Foreign Enterprises or Individuals in China, and then the State Administration for Industry and Commerce specifically issued the Administrative Provisions on the Registration of Foreign funded Partnership Enterprises, which was officially implemented on March 1 this year, opening the door for foreign investors to establish partnership enterprises.