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Legal Policies Towards Investment of Offshore Companies in China

Author: ShengHu
Tutor: WangWeiGuo
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Offshore Companies Return Investment Avoidance Foreign M \u0026 A State-owned Assets Legal Personal Law Foreign legal sanction
CLC: D922.29
Type: Master's thesis
Year: 2011
Downloads: 214
Quote: 2
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Abstract


As offshore companies offshore financial centers deregulation, the company can be highly confidential information, but does not impose income tax, so many companies within the country within a country to circumvent the law in offshore financial centers set up offshore companies, and principal place of business or in the actual control of other countries. Therefore, an offshore company is actually non-local investors in tax havens offshore financial centers according to local regulations specialized offshore company incorporation, registration and operations are based in different countries of the company. Offshore company itself is a tool to circumvent the law, many investors through offshore companies to invest in China, on the one hand a considerable influence on the effect of the introduction of foreign policy, it also reflects the country's legal system does have some vulnerabilities. This article is based on the investment behavior of China offshore company analysis, the first starting from the theory of offshore companies, offshore companies relative to the general analysis of the particularity of the company and its special features, and thus on the active offshore companies investing in China and negative effects analysis and interpretation, and finally combined with our existing legal provisions and international experience in major national legislative acts on the offshore company's investment in China to provide the corresponding countermeasures and suggestions. In addition to introductory and concluding section, the paper is divided into four chapters. The first chapter is \Section I discusses the basic characteristics of offshore companies and Chinese companies compared with prominent characteristic of offshore companies. This section from offshore companies to establish a system of capital and management systems were institutionally three Chinese Company Law and the requirements of comparison, the offshore company fundamentally facilitate manipulation of the company's controlling shareholder, and thus become a shareholder seeking Lee business tool. On this basis, section II analyzes the many enterprises through the establishment of offshore companies to invest in China's reasons for different purposes in accordance with this section, the future Chinese investments in offshore companies divided into three categories, one is through a special purpose company overseas financing and return investment, within the second category of return investment of foreign-funded companies, the third category is the real foreign investment through offshore companies curves, respectively, these three types of reasons for the conduct of business analysis, analysis of the pros and cons of Chapter II to pave the way. The second chapter, \Section I discusses the offshore company first positive effects of investment in China, mainly from offshore special purpose company can expand its external financing and foreign investment through offshore companies improve asset liquidity point of interpretation of the positive impact of offshore companies. Section II discusses the offshore company the negative effects of investment in China, including the loss of state assets, capital flight intensified; influence the currency market order, the operation of monetary policy in the country producing pressure; resulted in substantial loss of tax revenue; cause foreign policy arbitrageurs Investment inflated and unfair competition caused; facilitate foreign investors to shift financial risks; facilitate corporate fraud, resulting in potential investment disputes six aspects to be addressed, focusing on offshore company explained the harm on our economy. Section from the causes of defects and illegality two drawbacks in terms of the analysis of offshore companies, offshore companies to put forward a comprehensive management program laid the foundation. The third chapter is \This chapter introduces three main areas of offshore companies in other countries regulate countermeasures and based on the situation in China has made the corresponding evaluation. Section I describes how countries use their own legal personality legal to circumvent the law and regulations is to prevent, mainly from the second sanction against foreign legal regime to curb the negative effects of offshore companies. Section III is the country for a variety of specific acts of offshore companies proposed specific measures, such as tax avoidance, mergers and acquisitions and capital utilization behavior. The fourth chapter is \Section from the legal personal law, legal sanction, businesses and foreign mergers and acquisitions and other anti-avoidance introduces and analyzes several aspects of the legislation for offshore company status, on this basis, Section II presents a reasonable regulatory focus from shore companies' investment in China countermeasures and suggestions from improved corporate personal law, and from the institutional make up legal loopholes, combined with a series of anti-avoidance and anti-asset loss of measures to strengthen the offshore companies to monitor a variety of investment behavior . In the conclusion, the author of the basic characteristics of offshore companies are summarized, pointing out that although the existence of offshore companies investing in China to China's economic development has brought a negative impact, but offshore companies investing in China to some extent promoted the introduction of foreign capital, such as complete ban would be detrimental to China's economic development. I believe that the offshore company is a special legal entity, which requires special treatment, not only to the legal level, the policy level but also in establishing the appropriate regulatory level standards, and fundamentally prevent the negative impact of offshore companies at the same time, maximizing play its positive economic function.

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