Current location - Quotes Website - Personality signature - Is a limited liability company (wholly owned by a foreign legal person) a foreign company?
Is a limited liability company (wholly owned by a foreign legal person) a foreign company?
Legal analysis: Under normal circumstances, the wholly foreign-invested enterprises of a limited liability company belong to foreign capital. An enterprise as a legal person refers to a social and economic organization that independently engages in commodity production and business activities for profit. Have the legal conditions such as the amount of funds, the name of the enterprise, articles of association, organization and domicile, and be able to bear civil liability independently. Approved and registered by the competent department (industry and commerce department) and obtained the legal person qualification.

Legal basis: Several Provisions of People's Republic of China (PRC) on Changes of Investors' Rights and Interests in Foreign-invested Enterprises.

Article 6 With the consent of other investors of the enterprise, the investors who have contributed capital can pledge the equity formed by the paid-in capital to the pledgee by signing a pledge contract and obtaining the approval of the examination and approval authority in accordance with the relevant provisions of the Civil Law. Investors shall not pledge unpaid shares. Investors shall not pledge their equity to enterprises. During the pledge period, the pledgor's identity as the investor of the enterprise remains unchanged, and the pledgee may not transfer the pledged equity without the consent of the pledgor and other investors of the enterprise; Without the consent of the pledgee, the pledgor may not transfer or re-pledge the pledged equity. The rights and obligations of the pledgor and the pledgee and the contents of the pledge contract shall be governed by relevant laws, regulations and these Provisions.

Article 12 After signing the equity pledge contract with the pledgee, an enterprise investor shall submit the following documents to the examination and approval authority that approved the establishment of the enterprise for examination:

(1) The resolution of the board of directors of the enterprise and other investors agreeing that the pledger pledges its shares;

(two) the pledge contract signed by the pledgor and the pledgee;

(3) The capital contribution certificate of the pledgor investor;

(4) A capital verification report issued by an accountant registered in China and his firm for the enterprise. The examination and approval authority shall, within 30 days from the date of receiving all the documents specified in the preceding paragraph, decide whether to approve or not. An enterprise shall, within 30 days after obtaining the approval of the examination and approval authority for the pledged shares of its investors, wait for the relevant approval documents to be submitted to the original registration authority for the record.

Pledges that are not approved and filed according to the provisions of this article are invalid.