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Equity Joint Venture

The equity joint venture law requires that the foreign partner to the venture contribute at least 25 percent of the registered capital, and is usually structured as a limited liability company. There is usually no upper limit on the foreign partner's contributions except where Chinese law requires the Chinese partner to have a maximum ownership for certain restricted industries.

 

The profit and risk of equity joint ventures is shared in proportion to each party’s respective equity. Profit is distributed in the form of dividend to the parties in proportion to each party's respective ownership interest. Parties may contribute their respective capital to the equity joint venture in the form of cash, capital goods, industrial property rights, and other assets. Normally, the Chinese partner will contribute cash, land development or clearance fees and land use rights while the foreign partner commonly contributes cash, construction materials, technology, equipment and machinery. All contributions must first be approved by the relevant Chinese authorities and later certified in a report from a Chinese-registered CPA firm.

The partners to an equity joint venture have joint management of the venture. The board of directors has the authority to make all the major decisions concerning the venture. The joint venture partners are responsible for appointing the board members, and representation is in proportion to each party's respective ownership interest in the venture.

The information provided on this web site is for your general guidance only. Before you take any action or decision based on this information, you should obtain professional and legal advice which apply to your specific circumstances. Advantage Hong Kong, its affiliates and staff do not accept any responsibility, loss or liability arising in connection with the information on this web site.