Nanjing WFOE Company Registration

Nanjing WFOE Company Registration

Hotline: 86-755-82147392 Email：info@citilinkia.com

Question: What is Evershine service coverage in Nanjing Company Registration?

Company registration,
Open banking account ,
Trademark Registration,
Work Permit Application.
China Z-Visa Application,
Work Certificate application,
Residence Permit Application

1) Representative Office:
1.1   RO can be used to Paying out expenditure to your vendor and your employee.
1.2   Its aim is to handle the issues with payroll compliance when recruiting employee.
1.3   Don’t be allowed to issue local invoices in your representative office.
1.4   The sales invoice would deal directly with the parent company.
1.5 It must confine its activities to acting as liaison office on behalf of its parent company

2)  Service WFOE:

2.1 It is a legal entity and independent china domestic company, but wholly owned by Foreigners.
2.2 It is suitable for a business is to provide service only like consultant, software, design etc
2.3 It excludes the sell-and-buy of goods
2.4 It can only issue sales invoice with 5% tax, excluding VAT invoice
2.5 It can be used to pay out all expenditures.
2.6 It needs to get approval of 7 relevant Government Authorities in Nanjing
2.7 Some industries would require special approval by more authorities.

3)  Trading WFOE
3.1 It is a legal entity and independent china domestic company, but wholly owned by Foreigners.
3.2 It include the sell-and-buy of goods , excluding manufacturing goods
3.3 It can provide service also
3.4 It can only issue VAT invoice with 17% and sales invoice with 5% tax.
3.5 IT can be used to pay out all expenditures.
3.6 It needs to get approval of 8 relevant Government Authorities in Nanjing
3.7 Some industries would require special approval by more authorities.

4)  Manufacture WFOE
4.1 It is a legal entity and independent china domestic company, but wholly owned by Foreigners.
4.2 It can manufacture goods
4.3 It include the sell-and-buy of goods
4.4 It can provide service also
4.5 It can only issue VAT invoice with 17% and sales invoice with 5% tax.
4.6 IT can be used to pay out all expenditures.
4.7 It needs to get approval of 10 relevant Government Authorities in Nanjing
4.8 Some industries would require special approval by more authorities.

5)  Joint Venture with Local Partner
5.1 It is a legal entity and independent china domestic company.
5.2 Only a China existent company can be your Local Partner
5.3 China natural persons can not directly be your local partner
5.4 It can be in Service industry, or Trading Industry or Manufacturing industry

Please note, for all types of above companies if company register place is over 300sqm, a special approval from fire department is needed.

Question:  Who Can be shareholders, directors/legal representative and supervisor?

Any foreigner or any foreigner entities can be shareholder.
However, China Citizen can not be one of your shareholders.
Only China local company can be one of your company shareholders.
A legal representative, a manager and a supervisor are needed to register a new company in China.
Legal representative, manager and supervisor can be foreigner or local natural person.
Legal representative and Manager can be the same person.
Supervisor must be an independent person.

Question:  what are a legal representative and a supervisor?What roles do they take?

The legal representative of a company is its main principal of the company who holds a special position therein and is the officer with the legal power to represent, and enter into binding obligations on behalf of, the entity s/he represents in accordance with the law or the articles of association of the company. A legal representative’s acts, when concluding a contract, are binding on the entity, even where made ultra vires (i.e. beyond the authorized scope)The main role of supervisor is to safeguard and supervise the smooth and lawful operation of a company. The law has delegated supervisor a board rang of rights, such as inspecting the company’s finances, supervising the company directors and senior managers, recommending dismissal of directors etc.

To act as the legal representative/supervisor she/he shall not satisfy any of the following conditions and, in practice,

the company registry authority will also review those conditions:
(1) without civil capacity or with only limited civil capacity;
(2) being pursued with criminal punishment or other criminal compulsory measures;
(3) being ordered for arrest by public security bureau;
(4) having been sentenced to any criminal punishment due to an offense of corruption, bribery, encroachment, misappropriation of property or disrupting the economic order of the socialist market and five years have not elapsed since the completion of the execution of the punishment;
(5) being a former director, factory director or manager of a company or enterprise which was bankrupt and liquidated, whereby s/he was personally liable for the bankruptcy thereof, and three years have not elapsed since the completion of the bankruptcy and liquidation of the company or enterprise;
(6) being the legal representative of a company or enterprise, but the business license thereof was revoked and this company or enterprise was ordered to close due to violation of the law, whereby s/he is personally liable for the revocation, and three years have not elapsed since the revocation of the business license thereof; or
(7) having a relatively large amount of debt which is due but unclear

Question: What kinds work permit and china visa can be applied when completing to set up a WFOE?

Apply Work Permit-> Apply Z visa (employment visa)-> Apply Work Certificate-> Apply Residence Permits

Each of Shareholders in your WFOE as an investor can apply work Permit, China Z-visa, Work Certificate and Residence Permit. And spouse and children can accompany with them.

Work Permit: To get work permit，you need to provide foreigners resume and qualifications certificate ( degree certificates and professional skills qualification certificate and two years or above related working experience); valid passport photocopy; health certificate issued by the Chinese embassies, consulates, the authentication of foreign medical organization or the Chinese government appointed health and quarantine departments。

Z visa: issued to those coming to China for employment. To get a Z visa you’ll need to submit a Work Permit or a Foreign Expert’s License, obtained by the company in China you will be working for, and a letter of invitation from your employer, as well as the marriage certificate and birth certificates for accompanying spouse and children, respectively. In application for Visa Z, foreigners shall, depending on different situations, provide the Foreigner Employment Permit of People’s Republic of China (obtained from labor and personnel departments of province, autonomous regions or municipalities directly under the central government by employer organizations in China), or a company representative certificate in China, or a telegram from an authorized organization, or an approval from Ministry of Culture of People’s Republic of China, or visa application letters issued by foreign affairs office of province, autonomous regions or municipalities directly under the central government.

Work Certificate: It will be obtained from labor and personnel departments of province

Residence Permit: It is not the visa but the residence permit that gives you the legal right to live in China. Once you arrive in China, you’ll have 30 days to secure your residence permit. Your initial visa will expire within a few months, but your residence permit will function like a multiple-entry visa, allowing you to leave the country and return without an additional visa as long as the permit is valid. The Foreigner Residence Permit, typically good for one year and renewable annually, is standard issue for the majority of foreigners working in China, though some (such as company executives, legal representatives, or investors) qualify for a permit that is good for two years. With a valid residence permit you are allowed to leave the country and return, even if your initial entry visa has expired. Accompanying spouse and children are given the same type of visa and residence permit as the one who will be employed in China, though each family member will have to fill out an individual application and pay the application fees. If the stork should find you in China, you’ll need to bring your new baby’s birth certificate to the local PSB for registration.

If you have an employment visa and residency based on a family member’s employment, you may find your own employment while in China. However, your new employer will then have to register your employment and file the necessary paperwork to make it legal.

Question: What is service charge and out-of-pocket expenses?
For your information, your cost of setting up a Service WFOE is US$ 2800, a Trading WFOE 3100. The above quotation exclude out-of-pocket expenses which are about US$ 330 to US$ 660. The above quotation does not include the special-permit-application fee. if you need us to arrange a virtual registered office it is an one-time charge of RMB9,000 for first 12 months (about US$ 1500) paid to house owner of the address.

Final fee schedule will be up to signed Engagement Letter.
Question: How we serve you? What are the processes?
The procedures to register an WFOE (Wholly Foreign Owned Entity) as below:
Require → Consult → Engage → Register

In the consulting period, as company structure is usually relevant to international tax Planning issues we always let Taipei Headquarter staff to join in consulting work until signing up Engagement Letter.Engagement Letter offered by us will include all the detailing procedures, required documents , service fee and out-of pocket expenses etc., Before we can prepare Engagement Letter we need you to answer below questions,

1) What are your business categories?  Is it Services, Consulting, Trading or Manufacturing?
2) What are your business items? We will judge if it is a special-permit industry.
3) What is your business model? Where is your revenue from? Please give us your website.
4)  How are your shareholders composed? Where is your parent company established? Are the shareholders companies or individuals?
5)  Do you have your own registered address already? If not, how long are you going to need to locate your own address? Do we need to arrange a virtual registered office for you in the initial period?
6) What are your company phone number and your personal phone number? We will discuss with you orally if necessary.

After signing Engagement letter, our Nanjing staff will execute registering procedures

Question: After getting company license, what kinds of services Evershine can provide?

After completing your   Nanjing company registration you do not need to recruit or hire your own accountant or payroll handling personnel.If you adopt our 4-in-1 service, Evershine colleagues in Taipei can act as your in-house accountant but will not need to be located in your office.

If you want to have more detailed information, please don’t hesitate to contact us. You can also visit the website below to learn more:

Question: What other cities Evershine can provide similar services?

Our affiliates located in Beijing,Shanghai, Xiamen , Hangzhou and Taipei can also provide you similar services to those featured in Nanjing.

Contact Us
For further queries, please do not hesitate to contact ATAHK at anytime, anywhere by simply calling China hotline at 86-755-82148419, 86-755-82143512, or emailing to info@citilinkia.com.