Full Description
Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.
Contents
Introduction and Concept.- Part I: Basic Principles of Chinese Partnership Law.- The Concept of Foreign Direct Investment in China.- Joint Venture Enterprises as Sino-Foreign Alliances.- Partnership Enterprises as Sino-Foreign Alliances.- The use of FIPE as Business Organisation in China.- Summary of Part I.- Part II: FILPE as a 'Standard Corporate Form'.- Legal Personality. Limited Liability 207.- Transferable Ownership Interest.- Summary of Part II.- Part III: Conclusion.- Summary of the Book
