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Study on the Legal Control Regulation of the Offshore Company

Author: DingLiang
Tutor: JiangXueYue
School: Hunan University
Course: Legal
Keywords: Offshore company International investment International tax avoidance Overseas listing Legal control system
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 188
Quote: 2
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Abstract


The legal control of the offshore company is a practical problem, judiciary pay more attention on it in recent years. With the rapid development of world economic integration, the offshore company has attracted worldwide attention because of its unique advantages. Currently, the offshore company has played an important role in international investment, international tax avoidance, international financing.However, the rapid development of the offshore company has brought a number of negative effects to each country, especially some offshore companies have become the tool for the international tax avoidance, capital flight and money laundering. Therefore, how to use effective legal means to regulate the offshore company becomes a common problem facing all countries in the world including China.Since the past decade, with the gradual deepening of reform and opening-up, China has achieved great result in attracting foreign capital and foreign investment. As a country which attracts the most foreign investment in current world, a lot of foreign capital inflows into China through the form of the offshore company. At the same time, there are many enterprises in China invest overseas in the form of offshore companies, especially use the offshore company to avoid international tax and list overseas.However, regulation of offshore companies in the field of law in China is a blind spot, and relevant laws and regulations are far from perfect. The rapid development of offshore companies and the relatively lagging legal regulatory status of China caused a series of serious problems such as the losing of tax and capital flight and so on. The author thinks that study should start from the operation mode of the off-shore company, should learn from international organizations and western countries’advanced regulatory experience, based on our current laws, and should work out the legal system of regulating the offshore company as soon as possible.This thesis studies legal control system over offshore company, it analyzes the regulations on offshore companies in the areas of taxation and finance adopted by developed countries and international organizations, and it deals with present situation of china and gives some suggestions regarding how to establish and further improve offshore company legislation.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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