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ARTICLE · 28 JANUARY 2013

Change a Representative Office into a WFOE?

Businesses trying to expand into China could benefit from replacing their rep. office structure with a trading WFOE.

ChinaInternational Law

Comparing Investment Structures: Representative Office on the way out?

Since new regulations on representative offices came into effect in March 2011, cities such as Shanghai and Beijing have seen many such offices being replaced by wholly-owned subsidiaries in consultancy or trading. This trend is in part a direct result of the tightening of the supervision on activities that employees of the representative office may engage in. Rep. offices are only permitted to engage in non-operational activities such as marketing and liaison only, with the penalties on operating beyond this approved business scope greater than ever.

An even more important consideration has been the increased legal and practical disadvantages, administrative burden and fiscal cost of continuing to operate a rep. office.

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