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Beijing Investment Guide

Sino-overseas Joint Venture Enterprises

Sino-overseas joint venture enterprises are ones in which overseas companies, enterprises and financial entities or individuals join hands with their Chinese counterparts to invest, administrate benefit and shoulder risks of their joint holdings with limited responsibilities. All investing parties must put in their share of money in accordance with a certain percentage of the total registered capital and hence benefit from revenue and dividends or shoulder risks and losses.

Sino-overseas Cooperative Enterprises

Sino-overseas cooperative enterprises are ones in which overseas enterprises, financial entities or individuals join hands with their Chinese counterparts to cooperate under contracts in enterprises inside China. Contract conditions and terms will be the gauge via which to function, distribute dividends, shoulder risks and losses, pay debts, reclaim investments and redistribute leftover properties while terminating cooperation by each cooperative party. investment or cooperation condition into shares and share holding rights of the enterprise or even though it does convert its investment or cooperation condition into shares and rights,the conversion will not be considered at all or only considered to limited extent when distributing dividends, shouldering losses, paydebts and redistributing leftover properties while terminating cooperation. Administration and reclamation of investment can be conducted in a different way from that of joint venture enterprises. This offers the cooperative enterprises more flexibility.

Sole Overseas Investment-funded Enterprises

Sole overseas investment funded enterprises are ones in which overseas enterprises, financial entities or individuals wholly fund the operation of enterprises in China. These enterprises, also known as sole overseas operations, claim all rights to the revenues and dividends generated by their enterprises.

Sino-overseas Share Holding Companies

Sino-overseas share holding companies are ones in which all investment is composed of equal-valued shares. Chinese and overseas share holders take appreciate responsibilities in accordance to the shares they purchase. The company should take full obligation of its debts in reliance on its properties. In these kind of enterprises, shareholders from foreign countries and regions are required to take at least 25 percent of the company's total registered capital. Such companies can be established by means of sponsoring or fund raising.

Overseas Funded Financial Institutions Overseas funded financial institutions are composed of branches that overseas financial organizations set up inside China to be engaged in financial business and sole overseas funded financial institutions and joint venture financial institutions with legalis homo status. So far, overseas funded financial institutions in China include foreign funded banks, foreign funded financial companies, and foreign funded insurance companies. At present, foreign funded banks and foreign funded financial companies are only allowed to do financial business in foreign currencies. A foreign financial organization applying to set up overseas funded financial institution in China must have total assets large enough to meet the required standard. Its home country must have a strict financial supervisory system. In addition, it must have a more than two-year-long representative office in China. The application must be conducted in accordance with approved by the state financial administrative institutions.

BOT

BOT (Build-Operate-Transfer) refers to the cooperative pattern in which the government signs contract with the project company of a private department (in China, it refers to overseas entity), who will, according to the contract, collect funds and construct a infrastructure project. Over an agreed period of time, the project company will own, operate and maintain the project while reclaiming investment and making reasonable profits by charging fees. When the contract period is over, the ownership of the project will be transferred to the government. BOT is mainly adopted in developing infrastructure projects such as toll road, power plant, railway, waste water processing facilities, and subways, etc.

Compensatory Trade Enterprises

Compensatory trade enterprises are ones in which overseas partners provide equipment and technology and are bound to purchase a certain quantity of the finished products for exportation. Purchase of the equipment and technology can be made on the installment plan. Agreed upon negotiation by both parties of the compensatory trade enterprises, the loans for purchasing and importing the equipment and technology can be paid back in kind with other products as well as the finished equipment and technology as approved of when forming the compensatory trade enterprises.

Processing and Assembling Enterprises

Processing and assembling enterprises are ones in which overseas partners are responsible for providing raw materials, components, designs as well as the equipment and technology. The finished products are then taken back by the overseas partners to sell on the overseas market. The Chinese partners earn from processing fees. When overseas partners prefer to evaluate their equipment and technology for sale, the Chinese partners are entitled to make payment in installment with their processing fees.

Leasing

Leasing means that advanced equipment from overseas can be rented for their rights of utilization. It is considered as a special fund- raising measure. Rental fees are paid as described by the leasing contract. Upon expiration of the leasing contract, the Chinese partners can purchase the equipment while the overseas partners or the lease holders can choose to provide technical services, raw materials, fuels, and spare parts and components.



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