The reasons for the insufficient foreign capital contribution of foreign enterprises and the insuffi

China's Law on Sino-Foreign Equity Joint Ventures does not specifically stipulate this, but as long as it is established within the territory of China, the provisions of the Company Law also apply.

1. Article 3 of the Company Law of the People's Republic of China provides that "the company shall be liable for the debts of the company with all its property." The shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contributions", which shows that the limit of shareholders' liability to the company is within the scope of subscription rather than the scope of actual payment, and shareholders who make insufficient capital contributions or withdraw funds shall be liable to the company.

2. Article 36 of the Company Law stipulates that after the establishment of a company, shareholders shall not withdraw their capital contributions.

Article 201 of the Law stipulates that if the promoters or shareholders of a company withdraw their capital contributions after the establishment of the company, the company registration authority shall order them to make corrections and impose a fine of not less than 5 percent but not more than 15 percent of the amount of capital contributions withdrawn.

3. Article 159 of the Criminal Law of the People's Republic of China: Where the founders or shareholders of a company violate the provisions of the Company Law by failing to deliver money or goods or transfer property rights, or make false capital contributions, or withdraw their capital contributions after the establishment of the company, and the amount is huge, the consequences are serious, or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention, and/or a fine of not less than 2% but not more than 10% of the amount of false capital contributions or the amount of capital contributions withdrawn.

Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be sentenced to up to five years imprisonment or short-term detention.

To sum up, the acts you are talking about may bear civil, administrative, and criminal liabilities under different circumstances.

First of all, it depends on the contract signed between your company and the foreign-funded institution, if it meets the requirements of the Contract Law, then it can be investigated according to the content of the agreement signed between your company and the foreign-funded institution. Please refer to the "Contract Law" for relevant legal provisions (there are too many contents, you can check it on the Internet, sorry).

In addition, be sure to check the relevant national policies on joint ventures and, if necessary, the legal provisions of the country where the foreign-funded institution is located.

In addition, I suggest that if you really want to pursue the case, you must come up with the strongest evidence and go through the legal department. No compromise, no negotiation.

This is very important, and I know them too well when they are invested. In addition, remember that all this is supported by laws and contracts, and there is no such thing as losing face and tearing your face. If you do this, in turn, foreigners will pay more attention to you.

If you compromise, he'll get even worse in the future.

That's what I'm talking about from experience.

Summary. Hello, I am glad to answer for you: the reasons for the lack of FDI are 1

Imbalance in the regional structure, 2Imbalance in industrial structure, 3There is a phenomenon of duplicate introduction.

Foreign direct investment refers to the direct investment of foreign enterprises and economic organizations or individuals (including overseas Chinese, Hong Kong, Macao and Taiwan compatriots, and Chinese enterprises registered abroad) in China in accordance with relevant Chinese policies and regulations, such as cash exchange, physical goods, technology, etc.

Hello, I am glad to answer for you: the reasons for the lack of FDI are as follows: 1The regional structure is unbalanced, and the bureau is known 2

Imbalance in industrial structure, 3There is a phenomenon of duplicate introduction. Foreign direct investment (FDI) refers to the act of foreign enterprises and economic organizations or individuals (including overseas Chinese, compatriots from Hong Kong, Macao and Taiwan, as well as Chinese enterprises registered abroad) to make direct investment in China with cash, physical goods, technology, etc., in accordance with relevant policies and regulations of China.

Foreign direct investment refers to the investment (including the reinvestment of foreign investment income) (including the reinvestment of foreign investment income) by foreign enterprises and economic organizations or individuals (including overseas Chinese, Hong Kong, Macao and Taiwan compatriots, as well as enterprises registered outside China) in accordance with the relevant policies and laws of China, using cash, physical goods, technology, etc. to set up wholly foreign-owned enterprises in China, and jointly establishing Sino-foreign joint ventures, cooperative joint ventures or cooperative development of resources with enterprises or economic organizations within China, as well as economic and economic investment. Funds borrowed from overseas by enterprises within the total investment amount of the project approved by the relevant departments. It is generally believed that export is the precursor of OFDI, and OFDI is the final result of the export of enterprise products. China's absorption of foreign investment is generally divided into direct investment and other investment methods.

The most commonly used forms of direct investment are Sino-foreign joint ventures, Sino-foreign cooperative joint ventures, wholly foreign-owned enterprises and cooperative development. Other investment methods include compensation**, processing and assembly, etc. Sino-foreign joint ventures, also known as equity joint ventures.

It is an enterprise jointly invested and established by foreign companies, enterprises and other economic organizations or individuals with Chinese companies, enterprises or other economic organizations within the territory of China. It is characterized by the joint venture parties to jointly invest, operate together, share risks and share profits and losses according to their respective capital contribution ratios. The capital contribution of all parties is converted into a certain proportion of capital contribution, and the proportion of capital contribution of foreign partners is generally not less than 25%.

Sino-foreign joint ventures (Sino-foreign joint ventures) are one of the earliest and largest in China using foreign direct investment (FDI). It accounts for a considerable proportion of the absorption of foreign capital. Sino-foreign cooperative joint ventures are also known as contractual joint ventures.

It is an enterprise established by foreign companies, enterprises and other economic organizations or individuals who jointly invest or provide cooperation conditions with Chinese companies, enterprises or other economic organizations within the territory of China. The rights and obligations of each dismantling and selling party shall be determined in the contract signed by the parties. In general, the foreign partner provides all or most of the funds for the establishment of Sino-foreign cooperative joint ventures, and the Chinese side provides land, plants, available equipment and facilities, and some also provide a certain amount of funds.

The reasons are as follows: 1. Imbalance in regional structure. Foreign direct investment is concentrated in the eastern region, and the number of newly approved enterprises, foreign capital, and actual utilization of foreign capital account for more than 80 percent of the total, while the proportion of central and western foreign investment is very low, and the proportion of contracted foreign capital and actual utilization of foreign capital does not exceed 9 percent, which shows that foreign direct investment is too concentrated in China's eastern coastal and prosperous areas, and the regional structure of direct investment is obviously unbalanced. 2. There is a phenomenon of repeated introduction, and it cannot be effectively digested and absorbed.

Among the foreign capital introduced by China in the form of joint ventures, the import of complete sets of equipment belonging to hardware technology accounts for the vast majority, and the number and amount of contracts for the introduction of software technology such as technology licensing and technical consulting services are relatively small, and Chinese enterprises are dependent on foreign technology. 3. Foreign-invested enterprises in the bureau have the problem of tax evasion. Some foreign-invested enterprises have the problem of tax avoidance, and the most common way to avoid tax is pricing, which mainly includes:

In the early stage of the establishment of the enterprise, the high price of imported complete sets of equipment, you can raise more depreciation to recover the investment as soon as possible, assuming that the joint venture is a soldier, and can increase its share in the joint venture, and you can share more profits later; After the enterprise is put into operation, it purchases raw materials and semi-finished products from overseas affiliated enterprises, and then sells the products produced to overseas affiliates at low prices.