Relocating business to China: Registering a company in the PRC

Relocating business to China: Registering a company in the PRC

Investor attraction to China

China remains a compelling choice for investors, even amidst evolving global economic dynamics and geopolitical shifts. The following factors continue to make China an attractive investment destination.

1. Market size and growth
   1. China boasts a colossal market with a rapidly expanding economy. In 2021, its GDP soared to $18 trillion, surpassing the combined GDP of the European Union. Projections indicate sustained growth, positioning China as a prime destination for foreign investment.
2. Abundant human resources and infrastructure
   1. China provides an appealing manufacturing environment with a vast and well-educated workforce coupled with high-quality infrastructure. The country's workforce is renowned for its education, experience, and resourcefulness, making it a cost-effective choice for businesses seeking to relocate.
3. Innovation and emerging industries
   1. China has made substantial strides in innovation and pioneering business models. The country's commitment to research and development, accounting for approximately 2.5% of GDP, surpasses that of many other nations at similar development levels. This investment has led to the emergence of dynamic sectors like e-commerce, fintech, and artificial intelligence.
4. Trade and investment agreements
   1. China has actively pursued the establishment of trade and investment agreements. It has signed numerous free trade agreements (FTAs) on both bilateral and multilateral levels, in addition to bilateral investment treaties and double taxation agreements. This extensive network of agreements reduces barriers for foreign companies, facilitating international trade and investment.
5. Government support programs
   1. The Chinese government has introduced preferential policies to stimulate foreign investment, especially in high-tech industries. These policies encompass tax incentives, preferential financing, research and development (R&D) support, and import-export assistance.
6. Global competitiveness
   1. Chinese companies have achieved global competitiveness, offering foreign investors opportunities to gain experience and remain competitive in innovative fields like technology, research, and development.
7. Strategic importance
   1. China plays a pivotal role in the global economy, making it strategically significant for international trade and finance. This uniqueness offers businesses opportunities to expand their global presence.
8. Supply chain considerations
   1. China's well-established supply chains and manufacturing capabilities continue to attract companies seeking efficient production and distribution.

Navigating the relocation process

While China offers a myriad of opportunities, investors must conduct comprehensive market research, comprehend local regulations, and assess economic and cultural factors. Seeking counsel from experts specializing in international business and taxation is pivotal to ensuring a seamless and successful relocation process.

China's incentives for specific sectors

China extends special government support programs to encourage foreign investment, with a particular emphasis on high-tech industries. These incentives include:

1. Tariff benefits. Imported equipment for internal use can be exempt from customs duties, resulting in significant cost reductions for businesses.
2. Preferential land prices. Land-intensive projects financed abroad may benefit from reduced land prices and simplified regulations.
3. Industry-specific incentives. Depending on the industry being promoted, investors can enjoy benefits such as greater flexibility in hiring talent and lower funding thresholds.

Legal forms for foreign companies in China

Registering a company abroad for business relocation, especially in China, involves many legal forms of business and considerations.

1. Foreign investors like WFOEs because they can start businesses without Chinese investors being involved. Limited Liability Companies (LLCs) are common WFOE types that offer limited personal liability for owners.

• Benefits of WFOEs: WFOEs offer foreign investors a high level of ownership and control, similar to Chinese business owners. LLCs provide limited liability for owners.
• Capital considerations: registered capital can influence aspects like residence permits for local employees and the number of foreign employees. Some regions in China limit foreign employee numbers based on registered capital.

2. Alternative legal forms
   • Depending on business needs, other legal forms like Joint Ventures (JVs) and Representative Offices (ROs) registered in China may be suitable.
   • Industry-specific regulations: different industries in China may have specific regulations that foreign investors need to navigate. Awareness of industry-specific rules and licensing is crucial.
   • JV for entry into the Chinese market: registering a Chinese joint venture may offer quick access to the Chinese market, but it typically involves Chinese partners with majority control.

Relocation process in detail

Legal and regulatory compliance