外企(wài qǐ)一般指含有外资成分的企业。外商投资企业,是依照中国法律在中国境内设立的,由中国投资者与外国投资者共同投资,或者由外国投资者单独投资的企业。依照外商在企业注册资本和资产中所占股份和份额的比例不同以及其他法律特征的不同,可将外商投资企业分为四种类型:
Foreign-invested enterprises (wài qǐ) generally refer to enterprises with foreign capital. Foreign-invested enterprises are enterprises established in China in accordance with Chinese law, jointly invested by Chinese and foreign investors, or solely invested by foreign investors. According to the different proportions of shares and shares held by foreign investors in the registered capital and assets of the enterprise and other legal characteristics, foreign-invested enterprises can be divided into four types:
合资经营
由中外合营各方共同投资、共同经营,并按照投资比例共担风险、共负盈亏的企业。其主要法律特征是:外商在企业注册资本中的比例有法定要求;企业采取有限责任公司的组织形式。故此种合营称为股权式合营。
合作经营
中外合作各方通过合作企业合同约定各自的权利和义务的企业。其主要法律特征是:外商在企业注册资本中的份额无强制性要求;企业采取灵活的组织管理、利润分配、风险负担方式。故此种合营称为契约式合营。
外资企业
其主要法律特征是:企业全部资本均为外商出资和拥有。不包括外国公司、企业和其他经济组织在中国境内设立的分支机构。
外商投资合伙
其主要的,以及外国企业或者个人与中国的企业或者经济组织(不包括个人)在中国境内设立的合伙企业。
Joint venture
An enterprise jointly invested and operated by Chinese and foreign parties, and sharing risks and profits and losses in accordance with the investment ratio. Its main legal characteristics are: there are statutory requirements for the proportion of foreign investors in the registered capital of the enterprise; the enterprise adopts the organizational form of a limited liability company. Therefore, this type of joint venture is called an equity joint venture.
Cooperative operation
An enterprise in which the Chinese and foreign parties agree on their respective rights and obligations through a cooperative enterprise contract. Its main legal characteristics are: there are no mandatory requirements for the share of foreign investors in the registered capital of the enterprise; the enterprise adopts flexible organizational management, profit distribution, and risk-bearing methods. Therefore, this type of joint venture is called a contractual joint venture.
Foreign-invested enterprise
Its main legal characteristics are: all capital of the enterprise is invested and owned by foreign investors. It does not include branches established by foreign companies, enterprises and other economic organizations in China.
Foreign-invested partnerships
Its main part, as well as partnerships established in China by foreign enterprises or individuals and Chinese enterprises or economic organizations (excluding individuals).