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Q: Should I need a lawyer to register a company in China?

I want to establish a company in China. I have the basic knowledge of company registrtion procedure. Should I need a lawyer to registre a company in China?

7 years 46 weeks ago in  Business & Jobs - Beijing

 
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Many foreign investors use Chinese commercial companies to assist them with the establishment of their businesses in China. Often this decision is made in an attempt to save costs and is based on the mistaken belief that lawyers will charge exorbitant fees to do exactly the same thing.  This is a fallacy.  In fact, all these commercial companies do is help with the registration of the new company.  A few commercial companies train their secretaries in the registration process, but many companies do not and some even employ free lance operators who have dubious or no qualifications.  The risk is that the services offered by these companies may be unreliable and possibly illegal.  At Jay and Shaw our fees are comparable with those of the commercial companies, and in some instances, even more cost effective than some.

 

Lawyers can also advise on the correct description of the scope of a business which can give the business enormous tax benefits.  For example a software company which devotes some of its energy to research and development can be classified as a high technology company.  High technology companies pay just 15% capital income tax, when all other companies pay 25%.

 

When a lawyer is engaged in the initial establishment of the company, the benefits of a properly constructed company will be immediately apparent from the smooth registration of the company, the expedient signing of the well constructed, legitimate employment contracts, to the first day of trading.  In addition a lawyer will assist the company with all its future legal work as he has the benefit of a full knowledge and understanding of the structure of the company.  He will be able to skillfully navigate the company through what could be a potential minefield of Chinese law.

 

More answers will be found when send your questions to inquiry@jayandshaw.com

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