중국에서의 외국인 투자기업 설립에 관한 법적 소고 - 삼자기업법을 중심으로 - (The Legal Study on the Foreign Investment Enterprise's Establishment in China)

서지정보

· 발행기관 : 한국외국어대학교 법학연구소
· 수록지 정보 : 외법논집 / 31호 / 115 ~ 145페이지
· 저자명 : 허동원

초록

China have put in good order enterprise connection legislation according to the inside and outside of the country economic development circumstance.
Law also connected with foreign invested company is suffering a lot of changes. Therefore, foreign investment in China understands enough change of law accordingly with Chinese economic development circumstance, It is very important that meticulous examination and analysis about investment law that is an abroad go first.
In this paper, foreign corporation and the foreign investors examined laying stress on procedures to establish a business of the Foreign invested enterprise and The founding contract at the time of the fact must consider that is used for investment in China.
Specially, I studied formality and contents on Foreign Investment Enterprise's establishment laying stress on Foreign Equity Joint Venture Law, Foreign Cooperative Joint Venture Law and Foreign Owned Enterprise Law that is foreign invested company's basis.
Generally, Foreigner investors by form of enterprise that establish investment enterprise in China, there are Sino-Foreign Equity Joint Venture, ino-Foreign Cooperative Joint Venture, Sino-Foreign Owned Enterprise three.
About these people the the People's Republic of China Foreign Equity Joint Venture Law which is established in the People's Republic of China Foreign Cooperative Joint Venture Law which with law is established in 1979 July 1st work and 1986 April 12th work there is the People's Republic of China Foreign Owned Enterprise Law which in 1988 April 13th work, is established.
Equity joint Venture are a stocks style limited company emphasizing for invested capital. Sino-Foreign Equity Joint Venture each side person concerned invests jointly and must establish independent China corporation. Defining detailedly to Equity Joint Venture law for Joint Venture establishment. Therefore, big investment enterprise which must have legal stability in establishment suitable.
Joint venture is contract enterprise by regulation. Sino-Foreign Equity Joint Venture each side person concerned contracts joint work contract through negotiation, and manages enterprise jointly according to regulation of the contract. Also has a right and a duty. Because can select incorporation , flexibility is big relatively than ligature enterprise. Therefore, is suitable in medium and small enterprises.
Finally, Foreign Owned Enterprise invested capital total foreigner investor of belong. Therefore, among third party enterprise, it is the most independent form of enterprise.
And about incorporation qualification, foreigner investor can decide. Establishment has advantage that is possible by various form like CO., LTD..
Refer to Korean company's expansion to China, problem with investment contract and foundation procedure could be overcome through the previously fixed provision and method, in case that each party discuss the matter with sincerity.
Therfore a staff who is going to enter into a contract for Foreign Investment Enterprise should check foundation procedure and relative provision with care, and study thoroughly whether each party's demand is contained in the written contract before signing.

영어초록

China have put in good order enterprise connection legislation according to the inside and outside of the country economic development circumstance.
Law also connected with foreign invested company is suffering a lot of changes. Therefore, foreign investment in China understands enough change of law accordingly with Chinese economic development circumstance, It is very important that meticulous examination and analysis about investment law that is an abroad go first.
In this paper, foreign corporation and the foreign investors examined laying stress on procedures to establish a business of the Foreign invested enterprise and The founding contract at the time of the fact must consider that is used for investment in China.
Specially, I studied formality and contents on Foreign Investment Enterprise's establishment laying stress on Foreign Equity Joint Venture Law, Foreign Cooperative Joint Venture Law and Foreign Owned Enterprise Law that is foreign invested company's basis.
Generally, Foreigner investors by form of enterprise that establish investment enterprise in China, there are Sino-Foreign Equity Joint Venture, ino-Foreign Cooperative Joint Venture, Sino-Foreign Owned Enterprise three.
About these people the the People's Republic of China Foreign Equity Joint Venture Law which is established in the People's Republic of China Foreign Cooperative Joint Venture Law which with law is established in 1979 July 1st work and 1986 April 12th work there is the People's Republic of China Foreign Owned Enterprise Law which in 1988 April 13th work, is established.
Equity joint Venture are a stocks style limited company emphasizing for invested capital. Sino-Foreign Equity Joint Venture each side person concerned invests jointly and must establish independent China corporation. Defining detailedly to Equity Joint Venture law for Joint Venture establishment. Therefore, big investment enterprise which must have legal stability in establishment suitable.
Joint venture is contract enterprise by regulation. Sino-Foreign Equity Joint Venture each side person concerned contracts joint work contract through negotiation, and manages enterprise jointly according to regulation of the contract. Also has a right and a duty. Because can select incorporation , flexibility is big relatively than ligature enterprise. Therefore, is suitable in medium and small enterprises.
Finally, Foreign Owned Enterprise invested capital total foreigner investor of belong. Therefore, among third party enterprise, it is the most independent form of enterprise.
And about incorporation qualification, foreigner investor can decide. Establishment has advantage that is possible by various form like CO., LTD..
Refer to Korean company's expansion to China, problem with investment contract and foundation procedure could be overcome through the previously fixed provision and method, in case that each party discuss the matter with sincerity.
Therfore a staff who is going to enter into a contract for Foreign Investment Enterprise should check foundation procedure and relative provision with care, and study thoroughly whether each party's demand is contained in the written contract before signing.

참고자료

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