I. Company Establishment
(1) Shareholding Structure
Foreign investors may establish enterprises in China through:
An overseas company as the shareholder (wholly foreign-owned enterprise, joint venture, or
Sino-foreign joint venture); or
Individual foreign shareholders (wholly foreign-owned enterprise, joint venture, or Sino
foreign joint venture).
Unless otherwise required by laws or regulations for specific industries, there is generally no
minimum registered capital requirement.
(2) Personnel Arrangements
Foreign nationals may serve as legal representative, executive director, general manager,
supervisor, and other senior management positions in a foreign-invested enterprise; there is
no requirement to appoint Chinese nationals.
Under the latest amendments to the Company Law, smaller enterprises or those with fewer
shareholders may choose not to establish a supervisors and instead appoint a single
supervisor, who may also be a foreign national.
(3) Establishment Procedures
The establishment process has shifted from an approval system to a filing (reporting) system,
significantly simplifying procedures.
(i) Individual Shareholder Structure (Foreign Natural Person)
Provide a color scan of the passport (with Chinese translation). If issued overseas, the
translation must be stamped by a translation agency or confirmed by the shareholder;
Lease a physical office or use a compliant business secretary address (note: certain industries
such as catering and education require an actual business premises);
Execute incorporation documents;
Registration is typically completed within approximately three working days (from submission
of complete materials to issuance of the business license; excluding preparation and bank
account opening time).
Opening a corporate bank account generally takes about one week, and the legal
representative must be present in person.
(ii) Corporate Shareholder Structure (Foreign Company)
Provide corporate qualification documents of the foreign shareholder (notarized locally; if the
country is a member of the Hague Convention, an apostille is required);
Hong Kong is not subject to apostille requirements; documents from Hong Kong companies
must be notarized by China-appointed notaries and transmitted accordingly;
Domestic registration is typically completed within approximately three working days, and
bank account opening takes about one week.
Reference List of Required Documents:2/6
Application for establishment registration of a foreign-invested limited liability company;
Articles of Association; Shareholder qualification or identification documents; Appointment
documents and identification of legal representative, directors, supervisors, and manager;
Proof of business premises; etc.
Documents in foreign languages must be accompanied by Chinese translations.
II. Trademark Registration
To enter the Chinese market, it is advisable to register trademarks in China.
The trademark registration process typically takes 8–12 months:
Formal examination: ~1 month (issuance of acceptance notice);
Substantive examination: 4–8 months;
Publication period: 3 months.
III. Relative Licenses
After obtaining a business license, a foreign-invested enterprise must, if its business scope
involves specific industries, apply for industry-specific licenses from the relevant competent
authorities in accordance with industry regulations before it may lawfully carry out its
operations.
IV. Work Permits for Foreign Executives in China
If a company intends to employ foreign executives on a long-term basis in China, it may apply
for a Foreigner’s Work Permit. The work permit information has been integrated into the
social security card, enabling a “single-card” system for access and administration.
(1) Employer Requirements
①Legally established within China, with no record of serious violations or dishonesty;
②The position offered must correspond to roles for which suitable domestic candidates are
unavailable and must comply with national regulations;
③ Salaries paid to foreign employees must not be lower than the local minimum wage;
④ Where required, prior approval from competent industry authorities must be obtained.
(2) Applicant Requirements (Foreign Executives)
①At least 18 years old, in good health, with no criminal record;
②Possess the necessary professional skills or knowledge for the position;
③ The role must meet China’s economic and social development needs, typically involving
urgently needed or scarce expertise.
Contact Information:
Welcome foreign enterprises and investors interested in investing in China, establishing a
company in China, or setting up factories, technology enterprises, engaging in trade or cross
border e-commerce with Chinese companies. Please feel free to contact us.
Yanmei CHE (Michelle) P.R.C Lawyer
Partner of Beijing Dacheng Law Offices, LLP (Shenzhen)
Mobile: what’s app: +852 9511 7818 +86 185 6626 7282 (wechat)
Email：yanmeiche@126.com
Address: 12F, 20F, 21F, 26F, Block A, Shenzhen International Innovation Center,No.1006，
Shennan Boulevard, Futian District, Shenzhen, China.
