Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.
Inhaltsverzeichnis
Introduction and Concept. - Part I: Basic Principles of Chinese Partnership Law. - The Concept of Foreign Direct Investment in China. - Joint Venture Enterprises as Sino-Foreign Alliances. - Partnership Enterprises as Sino-Foreign Alliances. - The use of FIPE as Business Organisation in China. - Summary of Part I. - Part II: FILPE as a `Standard Corporate Form . - Legal Personality. Limited Liability 207. - Transferable Ownership Interest. - Summary of Part II. - Part III: Conclusion. - Summary of the Book