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In fact, the crux of your problem is whether the money is legal to use in China.
This mainly depends on the laws and regulations of the United States, and it is recommended that it is best to translate the rules of the man's location and study it. (No, the laws of each state in the United States are different, and there is no standard for reference).
If the issue is raised by the man, and the evidence is that he understands some of the rules for using the money, he should be allowed to see for himself whether the act is in accordance with the law of the United States.
In China, foreigners are allowed to buy and invest in real estate, and the law does not make restrictive provisions.
Therefore, your question is not illegal. The only point is that the man should check the local laws or policies.
PS: The legal systems of China and the United States are different, and there are similarities in foreign-related marriage law or investment law, for example, foreign marriages are allowed to marry if they do not violate China's marriage law; As long as the business is legal, China is also allowed.
This investment and purchase of a house can exclude the liability of the woman. Therefore, the man has full right to dispose of it, even if the purchase of the house is in the woman's name, it is a legal gift, and it does not involve illegality, let alone a crime. So your friend can accept the gift with confidence.
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1. "How can Chinese and foreigners partner to do business in China?" As long as they reach a cooperation intention and abide by Chinese laws and regulations, they are fine. However, there are some industries that do not allow foreign capital to operate.
2. "Is it in accordance with U.S. law for the other party to do so?" I don't know much about U.S. law, and I don't know if it's a violation of U.S. law, but from what her boyfriend said:
The United States will definitely not allow him to take out this money (maybe this money is only allowed to be used by his father, and he has no right to use it), nor is it allowed to use this money in the United States, right? In this case, it is safe to say that her boyfriend must be doing something that violates American law.
3. "The woman doesn't know if it's legal to do this?" Will it be punished under Chinese law? ”:
He obtained this money in violation of US laws in the United States, and after he arrived in China, he did not do anything that violated Chinese laws, so China will not care about it. However, if the amount is too large and the United States pursues and requests China's judicial assistance, China may also assist in extraditing him back to the United States for processing, but the United States cannot come to China to punish him until China agrees to extradite him to the United States. The nature and amount of the money is unknown.
4. "If they do this, will they still be able to get married normally?" They should have nothing to do with their marriage, as long as the man can provide his or her valid passport or other valid international travel documents, a certificate issued by a U.S. notary public or competent authority, certified by the embassy (consulate) of the People's Republic of China in that country or certified by the U.S. embassy (consulate) in China, or a certificate issued by the U.S. embassy (consulate) in China that he has no spouse.
He has not violated Chinese law and will not affect his marriage.
The basis is: 1) Paragraph 2 of Article 4 of the Marriage Registration Regulations: "Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident's permanent residence is located to register the marriage."
2) Article 5: "Mainland residents who go through marriage registration shall present the following certificates and supporting materials:Foreigners who go through marriage registration shall present the following documents and supporting materials:
1) A valid passport or other valid international travel document of the applicant; (2) A certificate issued by a notary public or competent authority of the country where the person is located, authenticated by the embassy (consulate) of the People's Republic of China in that country or authenticated by the embassy (consulate) of that country in China, that person has no spouse, or a certificate issued by the embassy (consulate) of the country where he or she is located without a spouse".
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1.As long as the money is not obtained in a crime, there is no money laundering involved, and there is no money laundering offence. It is possible to invest this money in China.
However, China has very strict foreign exchange controls, and we need to see in what name this money is remitted to China. This procedure should be registered with the State Administration of Foreign Exchange; Violation of this procedure may result in a fine (up to 30% of the total amount) by the foreign exchange office
2.Regarding the issue of foreigners buying houses, overseas individuals who have worked or studied in China for less than one year are not allowed to buy commercial houses. (For details, see Articles 10 to 12 of the Opinions on Regulating the Access and Management of Foreign Investment in the Real Estate Market).
3.Investment is not about marriage, even if it is illegal, it will not affect the marriage of those two people (only from the perspective of following the legal procedures to register the marriage with the Civil Affairs Bureau).
4.Foreigners investing in China may set up companies in the form of wholly foreign-owned enterprises, foreign-owned joint ventures, Sino-foreign joint ventures or Sino-foreign cooperative ventures.
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Yes, the money originally belonged to him, and he had the right to use it at all times. Foreign nationals who come to China to do business are also protected by Chinese law.
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As long as it doesn't violate Chinese law, from what you introduced, whether it's doing business or getting married, it's okay.
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I'm a student, and I personally think it's a bit of a bad idea! You might as well charge more on ** and try to ask a professional lawyer! This may involve tax evasion in the United States!
Of course, I don't know if there is such a policy in the United States, but in China, you may have to go to court by the tax bureau!
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In the form of Sino-foreign joint ventures and Sino-foreign cooperation.
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1. First of all, the woman accepts the partner's money in China for business cooperation, usually acting in accordance with Chinese law, and from your statement, there is no direct legal problem.
2. If the husband used his father's money, if it has been withdrawn, then whether his act of taking it out is illegal and what legal liability he should bear if he violates the law should be determined in accordance with US law. It has nothing to do with the woman. Moreover, the most important thing is that since the father's money has been withdrawn instead of directly transferred to the woman, it is difficult to prove that this money is the other money even if the United States ** investigates civil legal issues, and there is no big legal obstacle for the woman.
3. The above withdrawal of money, cooperative transfer, and marriage belong to three levels of legal relations, and will not affect each other. At present, China and the United States do not have an agreement on judicial assistance in criminal matters, so the legal judgment on criminal and civil matters is very complicated.
To sum up, your topic and content are still quite different, as a woman, if you really don't know whether the man's withdrawal of money is a criminal violation of U.S. law, then there will be no legal obstacles to business cooperation in China.
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partnered with relatives to open a grilled fish restaurant, and 100,000 yuan was lost. How to do a partnership.
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Of course, partnerships also need to be paid more attention to, mainly in several aspects:
3. Expenses: Partnership business, investors in the enterprise should be given salary bonuses according to their ability positions, do not think that their own business can not get salary, the future calculation will be more tiring. Ordinary travel expenses are settled according to the same standard, and the excess part is borne by oneself.
4. Appointment: All appointments must be completed by the Personnel Department, and cannot be done by a certain kinship of a certain ** east.
The above points are important to pay attention to when doing business in partnership. Others can be adjusted according to the actual situation of their own enterprises.
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At present, foreign trade companies can only be registered by Chinese citizens, and ordinary foreign citizens cannot be registered, nor can they be joint ventures.
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Wouldn't it be better for you to go to the local industrial and commercial registration department to ask about this question?
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