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  • Should there be any change if the tax payable or taxable income rate has been fixed?

    6th November, 2014

    For the year usually there is no adjustment unless the following situation arises: • A major company restructuring occurs; • Major changes are made with …

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  • Is Foreign Direct Investment (FDI) on the increase in China?

    6th November, 2014

    FDI rose from 2009 to 2013 except for in the year 2012. The data is as below: Unit: Billion USD Year: 2014, 2013, 2012, 2011, 2010, …

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  • Aren’t FDIs fraught with onerous legal requirements?

    6th November, 2014

    Much less so in recent years. China launched a series of reforms that made the framework for foreign investment more flexible and much clearer.

  • What part does M&A play in modern China?

    6th November, 2014

    With the continuous development of economic globalisation and increasingly severe market competition, more and more companies are looking at M&A as a vehicle to adjust …

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  • Is a foreign invested enterprise (FIE) treated any differently than a domestic company?

    6th November, 2014

    Yes. FIEs are controlled through the Catalogue for the Guidance of Foreign Investment Industries revised in 2011, which classifies various industries into: (1) the encouraged, …

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  • What is the main difference between a WFOE and a CJV?

    6th November, 2014

    A CJV is a more flexible corporate form, in which risks and profits can be allocated by agreement. Since 1995, FICLS has been an alternative …

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  • What is a FICLS?

    6th November, 2014

    A Foreign Invested Company Limited by Shares is one of four possible forms that a foreign investor may opt for as a corporate structure. A …

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  • Is it possible to invest in China outside of these corporate structures?

    6th November, 2014

    No. It is a legal requirement that all investments are made through one of the four corporate structures, and approved by the Ministry of Commerce …

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  • Would a merger or an acquisition (M&A) with an existing FIE avoid MOFCOM scrutiny?

    6th November, 2014

    No. Any change to a FIE must obtain MOFCOM approval in advance. Thus, any M&A involving foreign investment falls squarely under control of MOFCOM.   …

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  • What are the merger and acquisition options for a foreign company hoping to enter the Chinese market?

    6th November, 2014

    M&A is a major component of the new wave of foreign investments recently flowing into China. There are two essential choices for foreign companies interested …

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