Foreign-invested Joint-stock Companies Capital Research

With the deepening of the economic system reform, the enlarging utilization offoreign investment and the developing of socialism commodity economy,foreign-invested joint stock company has established and perfected as a specialcorporate form in China. Compared with other foreign-invested enterprises andcorporate enterprises, foreign-invested joint stock company has some special legalcharacteristics, however, there is also lots of commonness between them, and it isworth studying in this field not only in theory but also in practice. Facing these legalproblems involved in foreign-invested joint stock company, my dissertation focuseson the capital aspect of the company, and discusses the key problems bothmacroscopically and microcosmically. There are four chapters in this dissertation.As the beginning of this dissertation, Chapter 1, Introduction, generally describesforeign-invested joint stock company as a whole. This part focuses on the background,legal characteristics, application of law and establishment forms of foreign-investedjoint stock company.Chapter 2 discusses the registered capital of foreign-invested joint stock company.Capital is the blood of any company. In China, the registered capital offoreign-invested joint stock company should comply with Interim ProvisionsConcerning Some Issues on the Establishment of Joint Stock Limited Companies withForeign Investment. This part firstly analyses the legal characteristics of the corporatecapital and the basic principals of the corporate capital structure, and then discussesthe registered capital of the foreign-invested joint stock company and the proportionof the equity of the foreign investors in the registered capital in details.Chapter 3 introduces the investors of the foreign-invested joint stock company. Inforeign-invested joint stock company there are both Chinese stockholders and foreignstockholders, which can be separated as promoters and subscribers in theestablishment period. The article talks about the qualification and the responsibility ofpromoters. After that, the article discusses the feasibility and necessity of a Chinesenatural person to be a stockholder of the foreign-invested joint stock company.Chapter 4 discusses the forms of the capital contribution combined with the newlyamended Company Law. In addition to the four frequently used contribution forms —— contribution in currency, kind, intellectual property right and land use right, theauthor also discusses equity and service contribution, which are more and morepopular in these days.