How about a representative office of a foreign company? Is a representative office of a foreign comp

Slag Defeat Company Law".

Article 191.

For the purposes of this Law, the term "foreign company" refers to a company established outside China in accordance with foreign laws.

Article 217 of the Company Law is like a trembling article.

This Law shall apply to foreign-invested limited liability companies and shares****;

Where laws on foreign investment provide otherwise, apply those provisions.

There are several differences between a representative office of a foreign company and a foreign company:

1.The nature of the company is different: the representative office of a foreign enterprise is a form of institution set up by a foreign enterprise in China, which is essentially a representative office of a foreign enterprise in China, with a relatively limited business scope and rights.

Foreign enterprises refer to enterprises that are completely controlled by foreign capital or foreign enterprises, and the companies established in the country can have independent legal personality and complete management rights.

2.Different registered capital: A representative office of a foreign company is a non-independent legal entity with no registered capital requirements, while a company established by a foreign company needs to be registered in accordance with the minimum registered capital requirements stipulated by Chinese law.

3.Different business scope: The business scope of a representative office of a foreign company in China is usually relatively limited, and can only engage in non-profit activities such as market research, information consulting, and technical exchanges, and cannot directly engage in commercial activities.

On the other hand, companies set up by foreign companies in China can carry out business activities within the scope of Chinese law.

4.Different tax and financial treatments: The tax and financial treatment of a representative office in China is also different, and it is usually required to file tax returns and financial reports in accordance with the requirements set out in the Chinese tax law.

Foreign companies set up in China, on the other hand, are required to undergo tax and financial treatment in accordance with the standards stipulated by Chinese law.

To sum up, although both the representative office of a foreign enterprise and a foreign enterprise are operating institutions of foreign enterprises in China, their essence and functions are different, and it is necessary to choose the appropriate form of organization according to the actual situation.

The full name of a foreign-funded or foreign-funded representative office is "Resident Representative of Foreign Enterprises in China". The role of the representative office is usually to represent the parent company in a certain place to carry out relevant business liaison, guest reception, strengthen the relationship and cooperation between the parent company and local enterprises, and handle some local matters on behalf of the parent company. A foreign-owned or representative office is not an independent legal entity, so it cannot carry out direct profit-making business activities.

Shanghai, Beijing, Guangzhou and other three places are the places where more foreign representative offices are established.

1. What are the regulations for foreign-invested enterprises?

"Foreign-invested enterprises" refers to enterprises established within the territory of China in accordance with the laws of the People's Republic of China, jointly invested by Chinese investors and disrupting foreign investors, or invested only by foreign investors. The term "Chinese investors" includes Chinese companies, enterprises or other economic organizations, and foreign investors include foreign companies, enterprises and other economic organizations or individuals.

Type. According to the different proportions of shares and shares held by foreign investors in the registered capital and assets of enterprises and other legal characteristics, foreign-invested enterprises can be divided into four types:

Joint venture. Enterprises jointly invested and operated by Chinese and foreign joint venture parties, and share risks and profits and losses according to the investment ratio. Its main legal features are:

There are statutory requirements for the proportion of foreign investors in the registered capital of enterprises; The enterprise takes the organizational form of a limited liability company. Therefore, this kind of joint venture is called an equity joint venture.

There is no mandatory requirement for foreign investors to share the registered capital of an enterprise; Enterprises adopt flexible organizational management, profit distribution, and risk burdening methods. Therefore, this kind of joint venture is called a contractual joint venture.

Foreign-funded enterprises. Its main legal characteristics are that all the capital of the enterprise is funded and owned by foreign investors. It does not include branches established by foreign companies, enterprises and other economic organizations within the territory of China.

Foreign Investment Partnerships.

Its main legal characteristics are: a partnership established by two or more foreign enterprises or individuals in China, and a partnership established by a foreign enterprise or individual with a Chinese natural person, legal person or other organization in China.

The difference between a representative office and an office: Under normal circumstances, an overseas company sets up a liaison office in China as a representative office, while a domestic company sets up a liaison office in various provinces and cities as an office. A representative office, also known as a representative office of a foreign enterprise in China, is a business liaison agency established in China by a foreign company to represent the parent company.

The business scope of the representative office shall be specified in the documents submitted to the registration authority, confirmed by the administrative authority for industry and commerce (special industries need to be approved), and the business scope will be specified on the registration certificate of the permanent representative office. The representative offices of foreign enterprises in China can only engage in activities within the scope specified in their registration certificates. The office of foreign-invested enterprises is an office established in accordance with the Regulations on the Administration of Registration of Enterprise Legal Persons and its Implementing Rules.

The legal certificate for the office established by a foreign-invested enterprise to engage in business activities is the Registration Certificate for the Office of Foreign-invested Enterprise, according to which the official seal can be engraved, bank accounts can be opened, and business activities can be engaged. In short, a representative office refers to an institution set up in China by a foreign (or regional) enterprise, and an office is an institution established by a foreign-invested enterprise.

There are generally two understandings:

Refers to a department or administrative unit that handles affairs, such as the Hong Kong Special Administrative Region** Office in Beijing, the United Nations Children** Office in China, the United Nations European Office, etc., and the latter such as sub-district offices in various parts of China.

A place to conduct certain business or provide services, such as the DAAD office in Beijing, Cathay Pacific in Shanghai, etc. It refers to an organization in a certain place, which does not need to obtain administrative licensing procedures from the industrial and commercial department. There are no fixed requirements for service items and places, and they can be flexibly changed.

The Office is an unincorporated entity with non-independent accounting. Therefore, the office is not allowed to buy and sell, and there is no need to file and pay taxes. The office is not a company, and everything has to go from the head office, including invoicing and collection.

Therefore, the Office is only a coordinating role.

A foreign enterprise office is a foreign enterprise set up in another country to handle all kinds of affairs of the enterprise. As for which company you are talking about, you can't find the information on the Internet, you can go to the industrial and commercial administrative department where the enterprise is located to consult and verify!

A foreign company office is generally a foothold set up by foreign companies before investing in China, opening a company or factory, so as to facilitate communication.

Whether you can get the shares depends on the situation, if the foreign company has invested in China to establish a formal company, then yes, if it has always been an office, then it is impossible.

As far as I know, the office generally uses a third party to dispatch employees, and a tripartite agreement (office, employee, dispatch company) is required, but the social security payment is the same as that of a normal company.