1.

Record Nr.

UNINA9910483558103321

Autore

Kuntner Stephan

Titolo

China's foreign-invested limited partnership enterprise : an analysis of its legal personality, limited liability and transferable ownership interest / / Stephan Kuntner

Pubbl/distr/stampa

Cham, Switzerland : , : Springer, , [2021]

©2021

ISBN

3-030-54181-9

Edizione

[1st ed. 2021.]

Descrizione fisica

1 online resource (XIX, 377 p. 9 illus.)

Collana

China-EU law series

Disciplina

346.0668

Soggetti

Limited partnership

Limited partnership - China

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di contenuto

Introduction and Concept -- Part I: Basic Principles of Chinese Partnership Law -- The Concept of Foreign Direct Investment in China -- Joint Venture Enterprises as Sino-Foreign Alliances -- Partnership Enterprises as Sino-Foreign Alliances -- The use of FIPE as Business Organisation in China -- Summary of Part I -- Part II: FILPE as a ‘Standard Corporate Form’ -- Legal Personality. Limited Liability 207 -- Transferable Ownership Interest -- Summary of Part II -- Part III: Conclusion -- Summary of the Book.

Sommario/riassunto

Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited



liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.