Wholly Foreign Invested Company, as known as WFOE, means Wholly Owned Foreign Enterprise. It refers to a company that established according to Chinese laws, whose investors are solely foreign nationals or foreign corporations.
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A Wholly Foreign-Owned Enterprise (WFOE), sometimes spelled WOFE, in China is a Limited Liability Company (LLC) which is established exclusively by the foreign investor’s capital (“wholly foreign-owned”). Our free WFOE brochure explains what a WFOE is and details the requirements and procedures for setting up a WFOE in China.
WFOEs aren’t your only option if you want to trade in China. Other business structures such as opening a representative office, launching a joint venture or partnership enterprise are also available. However, the WFOE structure is one of the most popular ways to do business in China, thanks to the control and independence owners have – and the fact that profits may be converted to foreign currencies and remitted to the parent company overseas.
The investors of a WFOE could be a foreign company, economic organization or individual person. A WFOE is registered in Mainland China according to Chinese laws and rules, it is an independent business entity with its own operation, accounting and legal responsibility. A WFOE is a limited liability company instead of a branch company, its shareholders shall be responsible for the company to the extent of the capital contributions they have paid.
All Chinese companies must have a clear business scope and must operate their businesses based on an approved business scope. Basically, the business scope will decide the WFOE’s type, requirement, procedure and lead time. So if you want to set up your WFOE in China, please research and determine your business scope first.
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If you are considering setting up a WFOE, or Wholly Foreign-Owned Enterprise, in China, Wolster & Co. can help. Our team of experienced China lawyers and legal professionals is well-equipped to assist with every step of the process, from determining if a WFOE is the right business structure for your needs to completing the necessary registration and compliance processes. As a leading China law firm, we have the expertise and experience necessary to help you open a WFOE in China smoothly and efficiently.
Setting up a WFOE in China can be a useful way for foreign investors to establish a presence in the country and conduct business on a local level. One advantage of a WFOE is that it allows foreign investors to have full control over their operations in China, as they are not required to have a local partner. Additionally, a WFOE can help to establish a local corporate identity and can facilitate the process of obtaining necessary permits and licenses for doing business in China. If you are looking to form a WFOE in China or register a WFOE in China, don’t hesitate to contact our team for professional and reliable assistance. So, if you want to open a WFOE in China, Wolster & Co. is the best choice for you.
There are several requirements that foreign investors must meet in order to set up a WFOE in China. These requirements may vary depending on the type of business and the location where the WFOE will be established. At Wolster & Co., our team of experienced China lawyers can help ensure that you meet all necessary requirements and assist with every step of the setup process for your WFOE. Here are some of the general requirements for foreign investors forming a WFOE in China:
- Foreign investors must have a valid passport and a visa allowing them to enter and stay in China.
- Investors must have a business plan that outlines the nature and scope of the business to be established in China.
- Investors must choose a business name and ensure that it is available and meets the requirements set by the Chinese government.
- Investors must provide proof of the registered capital for the WFOE, which must be deposited in a Chinese bank. The amount of registered capital required may vary depending on the type of business and the location where the WFOE will be established.
- Investors must provide proof of the legal status of the foreign company that will be establishing the WFOE, such as articles of incorporation or a business license.
- Investors must provide proof of the qualifications and experience of the management team that will be responsible for the WFOE.
- Investors must provide a detailed feasibility study or market research report that demonstrates the potential market demand for the products or services.
If you are considering setting up a WFOE in China, don’t hesitate to contact our team at Wolster & Co. for professional and reliable assistance. We can help ensure that you meet all necessary requirements and guide you through the WFOE registration process
The length of time it takes to set up a WFOE in China can vary depending on a number of factors, including the type of business, the location where the WFOE will be established, and the efficiency of the process. On average, it can take anywhere from several weeks to several months to form a WFOE in China. At Wolster & Co., our team of experienced China lawyers can help ensure that the process is completed efficiently and smoothly, helping to minimize the time required to setup a WFOE in China. Here is a general overview of the steps involved in opening a WFOE in China:
- Determine the type of business and choose a business name.
- Obtain the necessary approvals and permits.
- Register with the relevant authorities.
- Set up a company seal.
- Register for taxation.
- Obtain any necessary permits or licenses.
- Register for social insurance.
- Open a bank account.
It is important to keep in mind that the process of setting up a WFOE in China can be complex and may require the assistance of a professional advisory service. Working with an experienced law firm or accounting firm, such as Wolster & Co., can help ensure that the process is completed efficiently and smoothly, and assist with the WFOE registration process in China.
Yes, there are ongoing compliance requirements for WFOEs (Wholly Foreign-Owned Enterprises) operating in China. WFOEs are required to comply with various laws and regulations in China, including but not limited to the following:
- Company Law: WFOEs must comply with the provisions of the Company Law, which sets out the rules and procedures for the establishment, operation, and dissolution of companies in China.
- Tax laws: WFOEs must comply with the tax laws of China, including the Enterprise Income Tax Law, the Value-Added Tax Law, and the Consumption Tax Law.
- Labor laws: WFOEs must comply with the labor laws of China, including the Labor Contract Law, the Employment Promotion Law, and the Social Insurance Law.
- Environmental laws: WFOEs must comply with the environmental laws of China, including the Environmental Protection Law, the Air Pollution Prevention and Control Law, and the Water Pollution Prevention and Control Law.
- Intellectual property laws: WFOEs must comply with the intellectual property laws of China, including the Trademark Law, the Patent Law, and the Copyright Law.
- Data protection laws: WFOEs must comply with the data protection laws of China, including the Cyber Security Law and the Personal Information Protection Law.
By working with Wolster & Co., a reputable China lawyer, you can ensure that your WFOE in China is fully compliant with all relevant laws and regulations, which is essential for the smooth operation of your business. Contact us today to learn more about how we can help you set up a WFOE in China.
Incorporating a WFOE, or Wholly Foreign-Owned Enterprise, in China typically involves several steps. At Wolster & Co., our team of experienced China lawyers can assist with every step of the process to help ensure a smooth and successful setup of a WFOE in China. Here is an overview of the process:
- Determine the type of business you want to set up and choose a business name. It is important to conduct research and ensure that the chosen business name is available and meets the requirements set by the Chinese government.
- Obtain the necessary approvals and permits. Depending on the type of business you are setting up, you may need to obtain specific approvals and permits from various government agencies.
- Register with the relevant authorities. This includes registering with the State Administration of Industry and Commerce and obtaining a business license.
- Set up a company seal. A company seal, also known as a chop, is required for many legal and financial transactions in China.
- Register for taxation. This includes obtaining a tax registration certificate and a value-added tax (VAT) invoice.
- Obtain any necessary permits or licenses. Depending on the nature of your business, you may need to obtain additional permits or licenses from local authorities.
- Register for social insurance. All employees in China are required to participate in the social insurance system, and as an employer, you will be responsible for making the necessary contributions.
- Open a bank account. In order to conduct financial transactions in China, you will need to open a bank account for your WFOE.
It is important to keep in mind that the process of incorporating a WFOE in China can be complex and may require the assistance of a professional advisory service. At Wolster & Co., we have the expertise and experience necessary to help you form a WFOE in China and register a WFOE in China smoothly and efficiently. Don’t hesitate to contact our team for professional and reliable assistance with setting up your WFOE in China.
There are a wide range of businesses that can be set up as a WFOE in China, including manufacturing, trading, consulting, and service-oriented businesses. At Wolster & Co., our team of experienced China lawyers can assist with the setup process for your WFOE and help determine the most appropriate business structure for your needs. Here are some examples of businesses that can be formed as a WFOE in China:
- Manufacturing businesses: Foreign investors can set up a WFOE in China to manufacture a wide range of products, including electronics, clothing, automotive parts, and more.
- Trading businesses: Foreign investors can set up a WFOE in China to engage in importing and exporting activities.
- Consulting businesses: Foreign investors can set up a WFOE in China to provide consulting services in areas such as management, marketing, and technical consulting.
- Service-oriented businesses: Foreign investors can set up a WFOE in China to provide services such as advertising, engineering, and architectural design.
It is important to note that the specific requirements and approvals needed to open a WFOE in China may vary depending on the type of business and the location where the WFOE will be established. Don’t hesitate to contact our team at Wolster & Co. for professional and reliable assistance with registering a WFOE in China and ensuring a smooth and successful WFOE setup process.
Yes, there are ongoing compliance requirements for WFOEs operating in China. It is important for WFOEs to comply with all relevant laws and regulations in order to avoid legal issues and ensure the smooth operation of the business. At Wolster & Co., our team of experienced China lawyers can assist with ensuring compliance and avoiding potential legal issues. Here are some of the ongoing compliance requirements for WFOEs in China:
- Tax compliance: WFOEs are required to register for taxation and file regular tax returns. They must also ensure that they are up-to-date with any changes to tax laws and regulations.
- Annual compliance: WFOEs are required to file annual reports and undergo an annual inspection. This includes submitting financial statements and other required documents to the relevant authorities.
- Employee compliance: WFOEs are required to comply with labor laws and regulations, including those related to hiring, employment contracts, and working hours.
- Environmental compliance: WFOEs are required to adhere to environmental laws and regulations, including those related to pollution control and waste management.
- Other compliance requirements: WFOEs may also be subject to other compliance requirements depending on the nature of their business, such as those related to product safety and quality standards.
It is important for WFOEs to stay up-to-date with all relevant compliance requirements in order to avoid legal issues and ensure the smooth operation of the business in China. Don’t hesitate to contact our team at Wolster & Co. for professional and reliable assistance with ensuring compliance and avoiding potential legal issues for your WFOE in China.
Wolster & Co. is a top-ranked China law firm that excels in providing expert WFOE setup and ongoing support services. As a premier China lawyer, we have the knowledge and expertise to help WFOEs operating in China with all of their legal needs. Our team of seasoned attorneys can provide a range of services, including compliance assistance, legal counsel, and representation in legal matters. If you are seeking dependable and professional support for your WFOE in China, look no further than Wolster & Co. Our attorneys are committed to supporting WFOE corporations in China and helping them thrive in the country’s intricate legal environment.
For unparalleled WFOE setup and ongoing support services in China, trust the professionals at Wolster & Co. Contact us today to learn more about how we can assist your specific WFOE needs in China. We are eager to help your WFOE corporation succeed in the Chinese market.