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ARTICLE · 24 NOVEMBER 2011

Best Practices to Structure Investments into China

This article focuses on investment structuring and best practices in structuring a foreign-invested company in China.

ChinaCorporate/Commercial Law

Part I: How to choose between a Representative Office, a Joint Venture and a Wholly-owned Subsidiaries

In 2008 when the global financial crisis struck, European companies put on hold most of their plans to develop the business in China – preservation of cash was a greater priority. The recent uncertainty in Europe and to a lesser extent in the United States, however, is having the opposite effect. Many European and American companies are starting to see China as a promising region to expand, and are therefore devoting more resources to developing their business in China.

This increased attention is leading to a lot of questions on how to optimally structure an investment in China. Structuring has two main components: ensuring that the right vehicle is used to carry out the business in China, and building corporate governance that enables the investor to control its investment. The first part of this article will focus on investment structuring, while the

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