Developing a Business in China before Registering a Local Entity

With its vast size and impressive economic growth, the Chinese market can no longer be ignored as a location to do business.

Any company Starting a Business in China or planning to enter the Chinese market needs to determine the right corporate structure. This decision will have a significant impact on the process of entering the Chinese market, and an accurate choice tailored to the company’s needs can alleviate unnecessary business restrictions and decrease costs.

Thus, the first questions you need to ask yourself are:

• Is it necessary to establish a legal entity in China?

• If so, when is the right time to establish a legal entity in China?

We will address these two commonly asked questions in this post and propose answers that may surprise you.

1

Establishment of a local subsidiary in China

It is generally assumed that a legal entity involved in capital investment in China must be registered in order to take initial steps to develop a business here, such as examining the market, building business relationships and establishing a local representative. We recommend you start more carefully:

There is no need to rush into setting up a company before you know where your market is, before you assemble a team that can support your business and before you have enough business activity to justify opening a subsidiary in China.

Setting up an entity in China is a major decision that comes with serious liabilities – it takes time, budget and management resources. After it is established, its management poses an even greater challenge and requires specific China management expertise. Deciding to register an entity should come only after a thorough evaluation.

Thinking About Entering the Chinese Market?

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2

So how can you conduct your business in China without an entity?

Most business activities in China can be accomplished without a local entity by leveraging outsourced services. Operational support companies like PTL Group enable you to handle almost any aspect of your business without setting up a formal entity: recruiting employees, importing goods into China and storing them in a warehouse, collecting payments, invoicing, accounting and reporting, and much more.

Newcomers to China think that the only way to conduct the following activities is by setting up a WFOE, a representative office or a joint venture. However, this is simply not the case.

You do not need a WFOE to conduct the following activities:

• Hire local employees

• Employ foreigners and obtain visas and work permits for them

• Sign a lease, contract or obtain office space

• Manage HR: salaries, social benefits, expense management, etc.

• Manage Chinese financial requirements

• Import products into China

• Claim an import VAT refund

• Store products in a warehouse or logistics center

• Sell products and issue RMB VAT invoices (known in Chinese as fapiao)

• Register an ICP license and set up a Chinese website

• Register a WeChat account

• Set up an E-commerce store and conduct E-commerce activity

At PTL Group, we help international businesses enter the Chinese market by establishing and supporting their on-the-ground operations before formal subsidiaries are registered. Our team helps facilitate employee recruitment, office set-up, financial controls, logistics, warehousing, reselling capabilities and more. From day one, our clients can invoice, collect RMB payments and sign local purchase and sales contracts.

This allows a critical period of market learning with full operational flexibility before committing to a specific structure, location, business model and partnerships.

After gaining some business experience in China, you may realize that it is time to set up your own operation and start taking control and ownership over your activities.

When is the right time to establish a local entity (WFOE)?

• When you benefit from a decent market share and a stable income through your own business.

• When you hire several employees that know your business, have proven to be loyal and professional and are able to take on additional management challenges.

• When you can identify a location where you feel you should have a stronger presence: near your clients, suppliers, competitors, etc.

• When you come across a business activity that requires you to present your own business license and not use a third party’s business license – e.g. government tenders.

• When you want to set up a comprehensive E-commerce structure that requires you to register your own ICP, open your own local bank account and have the appropriate license for payment collection in China and for transferring funds overseas.

• Going through the procedure of Company registration in China, you will realize that it is not at all simple and should only come after considering all your options. What types of entities can be registered in China? What is the process and how can we help you? 

Going through the procedure of Company registration in China, you will realize that it is not at all simple and should only come after considering all your options. What types of entities can be registered in China? What is the process and how can we help you? 

Contact us for more information – click here! 

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