[size=13.6px]The Wholly Foreign Owned Enterprise (WFOE or WOFE) is a Limited liability company wholly owned by the foreign investor(s). In China, WFOEs were originally conceived for encouraged manufacturing activities that were either export orientated or introduced advanced technology. However, after China's entried into the WTO, these conditions were gradually abolished and the WFOE is increasingly being used for service providers such as a variety of consulting and management services, software development and trading as well. With that, any enterprise in China which is 100% owned by a foreign company or companies can be called as WFOE.
[size=13.6px]WFOE has great potential in China as companies seek new markets, executives say that by 2014 China will be the world’s top investment destination.
[size=13.6px]The registered capital of a Wholly Foreign Owned Enterprise (WFOE) should be subscribed and contributed solely by foreign investor(s). A WFOE does not include branches established in China by foreign enterprises and other foreign economic organizations. The Chinese Laws on WFOE do not have a clear definition of the term of "branches". The term of "branches" should include both the branch companies engaged in operational activities and representative offices, which are generally not engaged in direct business activities. Therefore, branches and representative offices set up by foreign enterprises are not WFOE.
1. Different Types of WFOE[size=13.6px]Following are different types of WFOE. Commonly,
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If the WFOE only be allowed to manufacture here. We can say it's manufacturing WFOE.
If the WFOE is allowed to do Consulting & Service, we call them Consulting WFOE.
If the WFOE is allowed to do Trading, Wholesale, Retail or Franchise in China, we call them Trading WFOE or FICE (Foreign-Invested Commercial Enterprise)
2. Advantages of WFOE[size=13.6px]The advantages of incorporation a WFOE, compared with other types of enterprises, include, but not limited to:
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Independence and freedom to implement the worldwide strategies of its parent company without having to consider the involvement of the Chinese partner;
Ability to formally carry out business rather than just function as a representative office and being able to issue invoices to their customers in RMB and receive revenues in RMB;
Capability of converting RMB profits to US dollars for remittance to its parent company outside of China;
Protection of intellectual know-how and technology;
For Manufacturing WFOE, no special requirements for Import / Export license for its own products;
Full control of human resources
Greater efficiency in operations, management and future development.
3. Articles of Association[size=13.6px]Articles of Association is Company Rules in China and it will mention exactly how the WFOE can operate, the official version of Articles of Association must be in Chinese. Check the full English version that WFOE.Org prepared for your reference
4. Business Scope[size=13.6px]According to WFOE regulations, "Foreign investors are permitted to setting up a 100% foreign owned enterprise in industries that are conducive to the development of China’s economic benefits, and not prohibited or restricted by China government." The Catalogue of Guidance to Foreign Investment"categorises fields of potential investment as "prohibited," "restricted" and "encouraged". It is advisable to fully comprehend the interpretation of these categories. In China, Business scope of a business is a "one sentence description" covering all of the present and future activities of the WFOE; it is essential this encompasses every envisaged scope of future activity. The WFOE can only conduct business within its approved business scope, which ultimately appears on the business licence.One of the most important issues in WFOE application is business scope. Any amendments to the business scope require further application and approval. Business scope of a company in China is not as broad and general as in other countries. Generally business scope includes investment consulting, international economic consulting, trade information consulting, marketing and promotion consulting, corporate management consulting, technology consulting, manufacturing, etc. After China's entry into WTO, more and more business is open to WFOE especially in Trading, Wholesale and Retail business, check the Catalogue of Guidance to Foreign Investment which was Amended in 2007.
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2019/3/26 17:32:41
