Question 1: What are the Sino-foreign joint ventures in my country? Sino-foreign joint ventures, such as Ping An Insurance, Wahaha, FAW-Volkswagen, Shanghai Volkswagen, Guangzhou Honda, etc., are numerous in various industries, and the automotive industry is the most common.

Question 2: What is a foreign-invested enterprise? Foreign-funded enterprises refer to enterprises established in China in accordance with the laws of the People's Republic of China and invested jointly by Chinese investors and foreign investors or only by foreign investors.

(2) Types of foreign-funded enterprises

Foreign-funded enterprises are a general concept, including all enterprises with foreign investment components. According to the different proportions of shares and shares held by foreign investors in the registered capital and assets of the enterprise, as well as other legal characteristics, foreign-funded enterprises can be divided into three types:

1. Sino-foreign joint ventures. Its main legal features are: there are legal requirements for the proportion of foreign investors in the registered capital of the enterprise; the enterprise adopts the organizational form of a limited liability company. Therefore, this type of joint venture is called an equity joint venture.

2. Sino-foreign cooperative enterprises. Its main legal features are: there are no mandatory requirements for foreign investors' share in the enterprise's registered capital; enterprises adopt flexible organizational management, profit distribution, and risk bearing methods. Therefore, this type of joint venture is called a contractual joint venture.

3. joint venture. Its main legal features are: all capital of the enterprise is owned by foreign investors.

2. The concept of foreign-funded enterprises and my country’s foreign-funded enterprise legislation

(1) The concept of foreign-funded enterprises

Foreign-funded enterprises refer to the organizations and activities of foreign-funded enterprises The general term for laws and regulations governing behavioral norms is a legal system formed by numerous legislative norms related to foreign-invested enterprises. Its main contents include the organizational form, establishment and registration procedures, legal status, investment relations, legal documents, rights and obligations of both Chinese and foreign parties, organizational structure, operation and management, labor relations, taxation, foreign exchange management, dissolution and liquidation of foreign-invested enterprises.

(2) my country’s legislation on foreign-invested enterprises

my country’s legislation on foreign-invested enterprises was gradually established and continuously improved along with my country’s reform and opening-up policies, and has now become relatively complete. The legislative system for foreign-invested enterprises, among which important laws and regulations include: Sino-foreign joint venture enterprise law, foreign-invested enterprises, Sino-foreign cooperative enterprise law, Sino-foreign joint venture enterprise law implementation regulations, regulations on encouraging foreign investment, foreign-invested enterprise implementation rules, Sino-foreign joint venture enterprise law, Sino-foreign joint venture enterprise law, Sino-foreign joint venture enterprise law Detailed Implementation Rules of the Cooperative Enterprise Law, certain provisions on the capital contribution of all parties to a Chinese-foreign cooperative enterprise and its supplementary provisions, etc.

3. Legal protection and jurisdiction of foreign-funded enterprises

Foreign-funded enterprises established in China are not only protected by Chinese law, but also governed by Chinese law. Foreign-funded enterprises must abide by China's laws and regulations and must not harm China's social and public interests. Relevant state agencies manage and supervise foreign-funded enterprises in accordance with the law. In order to protect the legitimate rights and interests of foreign-funded enterprises, the state does not implement nationalization or expropriation of joint ventures and foreign-funded enterprises. Under special circumstances, according to the needs of social public interests, expropriation can be carried out in accordance with legal procedures and corresponding compensation can be given.

The concept and types of foreign-funded enterprises

(1) The concept of foreign-funded enterprises

Foreign-funded enterprises refer to enterprises that are established in accordance with the laws of the People’s Republic of China and the People’s Republic of China. , an enterprise established in China that is jointly invested by Chinese investors and foreign investors or invested only by foreign investors.

(2) Types of foreign-funded enterprises

Foreign-funded enterprises are a general concept, including all enterprises with foreign investment components. According to the different proportions of shares and shares held by foreign investors in the registered capital and assets of the enterprise, as well as other legal characteristics, foreign-funded enterprises can be divided into three types:

1. Sino-foreign joint ventures. Its main legal features are: there are legal requirements for the proportion of foreign investors in the registered capital of the enterprise; the enterprise adopts the organizational form of a limited liability company. Therefore, this type of joint venture is called an equity joint venture.

2. Sino-foreign cooperative enterprises. Its main legal features are: there are no mandatory requirements for the share of foreign investors in the registered capital of the enterprise; the enterprise adopts a panacea for organizational management, profit distribution, and risk bearing. Therefore, this type of joint venture is called a contractual joint venture.

3. joint venture. Its main legal features are: all capital of the enterprise is owned by foreign investors.

The concept of foreign-funded enterprises and my country’s foreign-funded enterprise legislation

(1) The concept of foreign-funded enterprises

Foreign-funded enterprises refer to the activities related to the organization and activities of foreign-funded enterprises The general term for normative laws and regulations is a legal system formed by numerous legislative norms related to foreign-invested enterprises. Its main contents include the organizational form, establishment and registration procedures, legal status, investment relations, legal documents, rights and obligations of both Chinese and foreign parties, organizational structure, operation and management, labor relations, taxation, foreign exchange management, dissolution and liquidation of foreign-invested enterprises.

(2) my country’s legislation on foreign-invested enterprises

my country’s legislation on foreign-invested enterprises was gradually established and continuously improved along with my country’s reform and opening-up policies, and has now become relatively complete. The legislative system for foreign-invested enterprises, among which the important laws and regulations are: Sino-foreign Joint Venture Enterprise Law, Foreign-invested Enterprises, Sino-foreign Joint Venture Enterprise Law, Sino-foreign Joint Venture...gt; gt;

Question Three: What are the Sino-foreign joint venture pharmaceutical companies in South Korea, the United States, China and the United States?

Question 4: What types of companies are included in the foreign companies? Foreign-invested enterprises include:

1. Sino-foreign joint ventures 2. Sino-foreign cooperation 3. Foreign-invested enterprises 4. Investments from foreign-invested enterprises.

Question 5: What is the difference between a Sino-foreign joint venture and a Sino-foreign cooperative enterprise? Sino-foreign joint ventures, also known as contractual joint ventures. It was originally a modified form of Guangdong Province's flexible use of foreign capital, such as joint ventures, based on its own conditions. Later, it gradually expanded to Fujian and other provinces and cities. Its legal status and organizational form are basically the same as those of Sino-foreign joint ventures, but its specific practices have the following characteristics:

① When it is started, the Chinese party generally only invests in land use rights, while the foreign party invests in physical objects or Cash investment;

② The investment proportion and equity proportion of the parties to the joint venture, the obligations, rights and profit distribution shares of the parties, etc. shall not be calculated and determined in monetary terms, and shall be determined by all parties after consensus based on different circumstances and conditions. Written into the contract;

③The profits of the enterprise are distributed among the joint venture parties according to the contract, and the losses are generally borne by the foreign party, limited to the cash or kind invested by it;

④The remaining property upon expiration of the contract or early dissolution will belong to the Chinese party free of charge and will not be distributed among the joint venture parties. Adopting this joint venture method can solve the problem of insufficient funds for the Chinese side. For the foreign side, more profits can generally be shared before the investment is recovered. Both parties are profitable, and the approval procedures and procedures are also relatively simple. It is simple and therefore develops faster. As of 1985, there was no legislation for Sino-foreign joint ventures. Except for the application of the Foreign Enterprise Income Tax Law in terms of taxation, other aspects should be handled with reference to the relevant provisions of the Sino-Foreign Joint Ventures Law.

Establishing Sino-foreign joint ventures is an important form of utilizing foreign capital. In this way, the investment risks are jointly borne by all parties to the joint venture, and the Chinese side is not directly responsible for repaying the principal and interest. More importantly, because the interests of the joint venture parties are closely related, foreign partners are also concerned about the operating results of the enterprise. .

A Sino-foreign cooperative enterprise is an enterprise that signs a contract to carry out cooperative production and operation based on the establishment and completion of a project; it is a contractual economic organization that may or may not have equity. The rights and obligations of the partners, including investment or cooperation conditions, distribution of income or products, sharing of risks and losses, methods of operation and management, ownership of property when the cooperative enterprise is terminated, etc., are all subject to mutual negotiation between the Chinese and foreign partners. Formulate cooperation agreements and contracts, and stipulate them in the cooperative enterprise contract. The contract signed by both parties shall be approved by the approval authority.

Protected by national laws, both parties should perform their obligations as stipulated in the contract.

Cooperative enterprises can generally be divided into two categories:

1. Cooperative enterprises with legal person qualifications

Cooperative enterprises with legal person qualifications refer to cooperative enterprises Fang ***tong established a cooperative business entity with independent property rights, legally independent personality, and the ability to exercise civil rights and litigation rights in its own name. In order to effectively realize cooperative development projects, this type of enterprise negotiates with the partners, establishes articles of association, establishes an independent enterprise organization, establishes a board of directors as the highest authority of the enterprise, and assumes responsibility for its debts with all its properties. The party shall bear liability for the enterprise within the limits of its investment or cooperation conditions. Internationally, this type of cooperative operation belongs to the category of partnership; the partners bear liability within the limits of the cooperation conditions provided, and it is a limited partnership. In our country, considering the liability form of a cooperative enterprise with legal personality, as long as it complies with the provisions of the Company Law, it can be registered as a limited liability company.

2. Unincorporated cooperative enterprises

Contrary to cooperative enterprises with legal person status, cooperative enterprises without legal person status themselves do not have independent property ownership, but only management rights. and usage rights. Once legal proceedings occur in a cooperative enterprise, all parties to the cooperative enterprise shall bear legal liability in their respective capacities. The parties to a cooperative enterprise without legal person status, regardless of whether they contribute capital or provide other materials or industrial property rights as conditions for cooperation, are owned by the parties respectively, and they can also be owned by both parties through mutual agreement (including partial ownership, partial ownership, etc.) ***have). The property accumulated by this type of enterprise shall belong to both parties according to national laws. The management of an enterprise can be carried out by both parties to establish a joint management organization, or it can be entrusted with the responsibility of one party to the cooperative operation. Internationally, cooperative operations of this nature are usually unlimited partnerships, and all parties to the joint operation have unlimited liability. bear civil liability.

Question 6: How to know which companies are foreign-funded enterprises 20 points The company you mentioned should not be registered in China. This kind of company is not a foreign-invested enterprise, but an overseas company. When investigating an overseas company, you must first find out in which country it is registered, and then you can query the company information through the commercial registration department of that country. However, overseas company registration systems are generally loose (foreign companies are easy to establish and difficult to operate), so it is difficult to actually find out. It is recommended that if you encounter recruitment by this type of company in the future, you should focus on judging the legality and rationality of the positions it provides (generally, companies that export cross-border labor services or dispatch labor will register with the Labor Bureau), so you can start from The Labor Bureau went to confirm. Another thing is, when the company signs a contract with you, don’t sign it first. Find a lawyer to look at the contents of the contract, and you can avoid being deceived to a certain extent (lawyers can spot loopholes in the contracts of scam companies).

Is this okay?

Question 7: What does Sino-foreign joint venture group mean? Sino-foreign joint venture group, also known as Sino-foreign joint venture, refers to foreign companies, enterprises and other economic organizations or individuals established in China in accordance with relevant Chinese laws. A joint venture jointly established by a Chinese company, enterprise or other economic organization, that is, two or more investors of different nationalities invest together in accordance with the provisions of the "Company Law" and the (Regulations on the Registration and Administration of Enterprise Legal Persons) A limited liability company established, jointly operated, solely responsible for profits and losses, and responsible for risks (refer to Hong Kong, Macao, and Taiwan)

Question 8: Which enterprises are Sino-foreign joint ventures? An enterprise refers to an enterprise jointly established in China by a Chinese partner and a foreign partner in accordance with the laws of the People's Republic of China and the People's Republic of China, and distributes income or products, shares risks and losses in accordance with the cooperative enterprise contract. . Its characteristics are:

1. Sino-foreign joint ventures are contractual joint ventures.

The investment or cooperation conditions provided by Chinese and foreign partners will not be converted into shares, that is, the investment of each party will not be priced or counted. The proportion of income or product distribution, risk and loss sharing between Chinese and foreign partners shall be determined by the cooperative enterprise. Contract agreement. In other words, the cooperative enterprise contract is the basic basis for the establishment of the enterprise. The rights and obligations of the joint venture parties do not depend on the investment ratio and shares, but on the provisions of the cooperative enterprise contract. This is obviously different from equity-type joint ventures such as Sino-foreign joint ventures. Therefore, a cooperative enterprise is called a contractual joint venture, while a joint venture is called an equity joint venture.

2. The organizational forms of Sino-foreign cooperative enterprises have diversified characteristics, that is, Chinese and foreign partners can jointly establish cooperative enterprises with legal person status, or they can jointly establish joint ventures without legal person status. cooperative enterprises. In other words, a cooperative enterprise can be either a legal person enterprise or an unincorporated enterprise, while Sino-foreign joint ventures all have legal person status.

3. The organizational structure and management methods of Sino-foreign cooperative enterprises are flexible and diverse. It can be a board of directors system, a joint management committee system, or a third-party management entrustment.

4. Sino-foreign joint ventures generally allow the foreign party to recover its investment first. The risk borne by the foreign party is relatively small, but when the cooperation period expires, all the assets of the enterprise will belong to the Chinese party.

Example 1: China's first industrial joint venture established by the Swiss Sehindler Elevator Company in 1980, acquired its joint venture partners in February 2002, making the long-standing China Schindler Elevator Co., Ltd. Its wholly-owned subsidiary;

Example 2: On September 10, 2000, Beijing Daily Chemical Factory No. 2 officially announced to the outside world that it had reached an agreement with Procter & Gamble (China) Co., Ltd. to terminate the "Panda" operation in advance. "Trademark use contract, and the joint venture will take back the "Panda" brand that has been used for 6 years. Prior to this, in June 2000, this multinational company that had the right to use the "Panda" brand for 50 years had terminated its joint venture with Beijing Daily Chemical Factory No. 2 ahead of schedule - a joint venture became a wholly foreign-owned enterprise.

Example 3: There are media reports that the shareholding ratios of multiple joint ventures affiliated with the daily chemical giant Procter & Gamble Group have recently changed dramatically, and foreign investors are trying their best to reduce Chinese shares to a minimum. . In a joint venture factory owned by Procter & Gamble, the Chinese shareholding was reduced from the initial 50% to the current 1%, and this 1% was symbolically retained despite repeated requests from the Chinese side.

Question 9: There are countless foreign-funded companies. A brief list of well-known foreign companies and job openings in mainland China is as follows: Wal-Mart: No. 1 among the Fortune 500 (based on turnover), and is recruiting porters and cashiers. General Electric: No. 1 among the Fortune 500 companies (based on total assets), is recruiting security guards and warehouse managers. Toyota Motor: The world's No. 1 automaker is hiring workers to tighten screws on the production line. KFC: The world's number one fast food restaurant, recruiting waiters. Casino Lisboa: The big brother of the world's casinos, recruiting croupiers (bankers). Lehman Brothers: A veteran investment bank with 158 years of experience, it is recruiting a general manager for China. Because it had just gone bankrupt and needed a new general manager to handle the bankruptcy.

Retail industry: Metro, Carrefour, Home Depot, Automobile industry: Honda, Suzuki, General Motors, Volkswagen, BMW, Mercedes-Benz IT industry: IBM, SAP, DELL, HP, Microsoft, Manufacturing industry: Mitsubishi, Fuji, Casio, Xerox, LG, Samsung, Hyundai, Daewoo and other food and catering: Coca-Cola, Pepsi-Cola, McDonald's, KFC, Pizza Hut, Danone, Wanglaoji (Hong Kong), Café de Coral (Hong Kong) Financial industry: AIG/AIU/AIA, Merrill Lynch, Goldman Sachs, JP Morgan, Huaqi Bank , HSBC Bank and other service industries: Lisboa Casino (Macau), various foreign-funded hotels,

Question 10: What is the ownership nature of Sino-foreign joint ventures? Sino-foreign joint ventures

Sino-foreign joint ventures An operating enterprise refers to a Chinese joint venturer and a foreign joint venturer who, in accordance with the provisions of the laws of the People's Republic of China and the People's Republic of China, jointly invest and operate jointly within the territory of China, and share profits, risks and losses in proportion to the investment. of enterprises.

Enterprise Investment Operation Nature of Enterprise

Sino-foreign joint ventures are also called equity joint ventures. It is an enterprise jointly invested and established by foreign companies, enterprises and other economic organizations or individuals and Chinese companies, enterprises or other economic organizations in China. Its characteristic is that all parties to the joint venture jointly invest, operate jointly, bear risks and bear profits and losses according to their respective investment proportions. The capital contribution of each party is converted into a certain capital contribution ratio. The capital contribution ratio of the foreign joint venturer is not less than 25, otherwise it will not be able to enjoy the preferential policies for foreign investment.

Sino-foreign joint ventures are the earliest and largest form of foreign direct investment in China. At present, it still accounts for a considerable proportion in attracting foreign investment. Chinese investors cannot be individuals, but must be enterprises, legal persons and other economic organizations. Foreign investors can be natural persons or legal persons. If a limited company is acquired by a foreign businessman, with special approval, the Chinese investor can be a natural person.

Characteristics of Sino-foreign joint ventures

⑴ A joint venture is a Chinese legal person established with the approval of the People’s Republic of China. It must abide by Chinese laws and administrative regulations and be governed by Chinese laws and regulations. Protection by administrative regulations.

⑵ One party of the joint venture is a non-Chinese joint venture, and the other party is a foreign joint venture.

⑶ The organizational form of the joint venture is a limited liability company.

⑷ All parties to a Chinese-foreign joint venture shall jointly invest and operate jointly, shall bear risks according to their respective investment ratios, and bear profits and losses.