关于外商投资有限责任公司及股份有限公司的几点思考

Abstract

As the Chinese economy is open, more and more investors are focusing their eyes on the china market, even when there are short-term economic fluctuations. This paper begins with the current situation of the foreign invested companys in china. It analyzes the characters of different kinds of the foreign invested companies and the problems on current systems, by introducing, contrasting and evaluating them. At first, according to the cooperating form with Chinese companies, foreign invested companies include the joint ventures, cooperative enterprises and wholly foreign-owned enterprises. Also they can be divided into limited liability companies and joint-stock limited companies according to the fund-raising method. And It contrasts and analyzes the companies at the forms of organizations, internal structure, shortcomings and advantages. Secondly, it describes the foreign-invested joint-stock limited companies and the procedure to set up them especially on the procedure of changing the foreign-invested limited liability companies to foreign-invested joint-stock limited companies. Thirdly, this paper analyzes the advantages and shortcomings of the foreign-invested limited liability companies and the foreign-invested joint-stock limited companies by contrasting the fund-raising method, relationship between the shareholders, investing forms and stock equity transferring of them. At last, on the base of introducing the related laws and regulations, this paper analyzes the defects of the current regulations on the foreign-invested joint-stock limited companies in china.