Our collection of resources based on what we have learned on the ground
Resources
Q&A
What are the requirements for annual compliance for private limited company in S...
- January 2014
- Free Access
The first requirement is about annual general meeting, which must be held within 18 months upon the successful incorporation of the company, and thereafter the lapse of time may not be more than 15 months, unless the Company Registrar approves suc...
Q&A
What are the liabilities that are specifically applicable to legal representativ...
- January 2014
- Free Access
The liabilities specifically applicable to legal representatives are found generally in: General Principles of the Civil Law of the People’s Republic of China; 2007 Enterprise Bankruptcy law; and Regulations of the PRC Concerning the Admin...
Q&A
What are the duties that are applicable to shareholders in a foreign-invested en...
- January 2014
- Free Access
The shareholders are those who contribute capital to the company. For a wholly-foreign owned enterprise, shareholders are the supreme authority. The shareholders have the power to exercise such functions and powers, as below: Decide on the operati...
Q&A
What are the liabilities that are applicable to senior officials of a foreign-in...
- January 2014
- Free Access
The liabilities are divided into three different categories: Liability for criminal offenses Liability for liquidation Liability to the company Liability for criminal offenses will arise when a breach of company is so sev...
Q&A
How are internal control and internal audit defined in China?
- January 2014
- Free Access
Internal control is a process designated to provide assurance that the company is: Effectively and efficiently operating; Providing reliable financial reporting; Complying with applicable laws and regulations; and Safegua...
Q&A
How to find a permanent establishment for the foreign headquarter?
- January 2014
- Free Access
Under most double tax treaties between China and other countries, a permanent establishment will be constituted if: The Chinese entity receives services from foreign entities, be the service rendered in China or overseas; and The duration of the ...
Q&A
How is related parties defined in terms of management under Chinese law?
- January 2014
- Members Access
Related parties are found on the basis that, when the either of the following is appointed by another enterprise, or two enterprises with more than half of their senior management personnel or more than one executive director is appointed by a sam...
Q&A
Under what other conditions would parties be considered as related parties?
- January 2014
- Members Access
If one of the following scenarios is met, then parties shall be considered as related parties: • When one enterprise’s production and operation activities are dependent on intangibles licensed from another enterprise (including indu...
Q&A
What aspect should be cautioned when using holding companies for Chinese or ASEA...
- January 2014
- Free Access
It must be noted that compliance with anti-avoidance tax rules from Hong Kong and Singapore is a must. The key to such compliance is to show that the holding company is a genuine business, i.e.: there must be economic substance to justify this tax...
Q&A
What are the tax incentives for Hong Kong and Singapore holding companies?
- January 2014
- Members Access
Since both Hong Kong and Singapore have double taxations agreements with China and ASEAN countries, the withholding tax rate for profit repatriation to these two locations would normally be reduced. An instance would be that the Chinese withholding t...
Q&A
Why are Hong Kong and Singapore holding companies attractive to foreign investor...
- January 2014
- Free Access
In terms of ease of doing business, both locations take the stance of protecting investors and facilitating cross-border trade, by providing highly transparent business environment and favorable tax regime to businesses. Also, with English being the ...
Q&A
What would be an ideal location for offshore company to trade with India and wha...
- December 2013
- Free Access
Singapore provides a procedurally easy and inexpensive option. Also, the tax rates are kept relatively low, comparing to other Asian countries and that it only taxes on profits made within Singapore, i.e.: if you make a profit in India, it is not sub...
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