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China Company Registration |
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Thursday, 21 June 2007 |
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Page 2 of 4
Joint Venture
In a joint venture, the parties involved may operate as separate legal entities and bear liabilities independently rather than as a single entity. A joint venture may also be registered as a limited liability entity resembling an equity joint venture in operation, structure, and status as a Chinese legal entity.
There is no minimum foreign contribution required to initiate a joint venture, allowing a foreign company to take part in an enterprise where they preferred to remain a minor shareholder. The contributions made by the investors are not required to be expressed in a monetary value and can include excluded in the equity joint venture process can be contributed such as labor, resources, and services. Profits in a cooperative venture are divided according to the terms of the cooperative venture contract rather than by investment share, allowing a more flexible schedule for return on investment in cases where one investor provides cash while the other party's investment is primarily in kind.
Greater flexibility in the structuring of a joint venture is also permissible including the structure of the organization, management, and assets. There is no term for unlimited terms in joint ventures, but also no provisions for the term of the duration. The term of the joint venture contract may be renewed subject to the consent of the parties involved and approval from the examination and approval authorities. The foreign investor is permitted to withdraw their registered capital or a portion thereof from the cooperative venture during the duration of the cooperative venture contract.
Because of the unique privileges and added features offered to the foreign party in a joint venture, trade unions must be allowed to represent the employees in employment matters to protect the interests of the employees.
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