China




Company Incorporation in China – FAQs

Company Incorporation in China – FAQs provide essential information about registering a business in China. They cover the legal requirements, step-by-step procedures, and documentation needed for company incorporation. The FAQs also explain the benefits of setting up a company, including tax incentives and operational advantages. Additionally, they guide businesses on compliance obligations to ensure smooth and lawful operations in China.

1
What are the basic requirements for incorporating a company in China? +
2
What are the minimum and maximum number of directors and shareholders required? +
  • Number of Directors: 3 to 13 directors
  • Number of Shareholders: 1 to 50
3
What are the documents required to incorporate a company in China? +

The various documents to apply for approval certificate:

  • ID of the legal representative
  • Shareholder and director information (Email, Mobile No, Address etc.)
  • Notary documents of the shareholders and director
  • Articles of Association (AOA) and Memorandum of Association (MOA)
  • Feasibility study along with budget
  • Proof of registered office (Lease agreement etc.)
  • Business plan
  • Managerial structure and List of controlling person
  • Other documents as required by local authorities

Additionally, you will also require business license and also need to comply with local registration requirements.

The specific requirements can vary depending on the type of company you wish to establish (WFOE, Joint Venture, or Representative Office).

4
What type of company should I choose for my business in China as a foreign investor? +

The choice of company type depends on your business goals and operational needs:

  • Wholly Foreign-Owned Enterprise (WFOE): Allows full foreign ownership and control but requires more capital.
  • Joint Venture (JV): Partnership with a local Chinese entity for better market access.
  • Representative Office: Lower-cost option for market research but cannot generate profit.
  • Foreign Invested Partnership Enterprise (FIPE): Partnership by two or more foreign enterprises or individuals.

Wholly Foreign Owned entity is the preferred option by many foreign investors.

5
What are the benefits of incorporating Wholly Foreign Owned Entity? +
  • All directors, partners or shareholders can be foreigners
  • No Chinese director, partner or shareholder required
  • Total ownership and control
  • Better protection of Intellectual Property
  • Own legal status
  • Flexibility & autonomy in conducting business
6
Authority for incorporation of company in China? +

State Administration for Market Regulation (SAMR) is the authority responsible for company incorporation in China.

7
Do you help with choosing and registering a Company Name in China? +

Yes, we assist in checking with the State Administration for Market Regulation (SAMR) to verify availability and registration of the chosen company name.

8
What is the minimum Share capital requirement? +

No minimum share capital is required for starting a company in China. Business can be started with RMB 100,000 depending on business nature.

9
How long does it take to complete the incorporation process? +

The incorporation process generally takes around 3 to 9 months.

This includes name approval, documentation, registration with SAMR, business license and tax registrations.

10
What are the costs associated with incorporating a company in China? +

Costs include:

  • Registration fees
  • Legal and consulting fees
  • Office rental
  • Capital requirements

Additional costs may apply for licenses, permits and bank account setup.

11
Do I need a local partner to start a business in China? +
  • WFOE – No local partner required
  • Joint Venture – Local partner required
  • Representative Office – No local partner but activity restrictions apply
12
Is opening a Chinese Bank account required for setting up business in the mainland? +

Yes, opening a Chinese bank account is mandatory for foreign investors.

13
What are the tax implications for my business in China? +

China has VAT ranging from 3% to 13% and corporate income tax of 25%.

Additional taxes like transaction tax, customs duty and local taxes may apply based on business activity.

14
What are the benefits of incorporating company in China? +
  • Economic stability
  • Access to China market
  • Lower labor cost
  • Government incentives and subsidies
  • Sophisticated infrastructure
15
How do I handle compliance and regulatory requirements after incorporation? +

Post incorporation compliances include tax filings, annual audits, renewal of licenses and continuous regulatory updates.

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