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China’s Foreign-Invested Limited Partnership Enterprise

An Analysis of its Legal Personality, Limited Liability and Transferable Ownership Interest

Authors:

  • First comprehensive and detailed anlaysis of the Chinese Foreign-Invested Limited Partnership Enterprise in western literature
  • Written from the perspective of a foreign investor, the book adresses the most important concerns of a foreign investor and his legal advisors on whether the enterprise form is suitable for an investment project
  • A special chapter discusses complex and practically relevant structuring-options for utilising the Foreign-Invested Limited Parntership Enterprise

Part of the book series: China-EU Law Series (CELS, volume 7)

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Table of contents (11 chapters)

  1. Front Matter

    Pages i-xix
  2. Introduction and Concept

    • Stephan Kuntner
    Pages 1-30
  3. Part I

    1. Front Matter

      Pages 31-31
    2. Summary of Part I

      • Stephan Kuntner
      Pages 197-198
  4. Part II

    1. Front Matter

      Pages 199-199
    2. Legal Personality

      • Stephan Kuntner
      Pages 201-230
    3. Limited Liability

      • Stephan Kuntner
      Pages 231-283
    4. Transferable Ownership Interest

      • Stephan Kuntner
      Pages 285-353
    5. Summary of Part II

      • Stephan Kuntner
      Pages 355-356
  5. Conclusion

    1. Front Matter

      Pages 357-357
    2. Summary of the Book

      • Stephan Kuntner
      Pages 359-360
  6. Back Matter

    Pages 361-377

About this book

Since a reform in 2010, foreign investors can establish a Foreign-Invested Limited Partnership Enterprise (FILPE) in China together with Chinese or foreign investors. The FILPE can be combined with a domestic or foreign corporate general partner, thus allowing for a structure that offers the flexibility and taxation conditions of a partnership while protecting its investors against personal liability like a company. The book explores from the perspective of a foreign investor if the FILPE is an attractive investment vehicle by analysing whether it provides the characteristics that are internationally recognized as constituting a standard corporate form. Among these characteristics, the three that are most strongly interconnected and interdependent form the core of the analysis: legal personality, limited liability and transferable ownership interest. These are analyzed in context of China's restrictive framework of foreign investment regulations and enterprise organization law.

Authors and Affiliations

  • Hamburg, Germany

    Stephan Kuntner

About the author

Stephan Kuntner is Head of China Corporate Business, Funk Gruppe GmbH, Hamburg, providing risk management services to Chinese investors for their investment project in Germany and Europe. He has also established an office of Funk Gruppe in Shanghai, China. Previously, he has worked for an international law firm in Shanghai, advising foreign investors on their investment projects in China.



Bibliographic Information

  • Book Title: China’s Foreign-Invested Limited Partnership Enterprise

  • Book Subtitle: An Analysis of its Legal Personality, Limited Liability and Transferable Ownership Interest

  • Authors: Stephan Kuntner

  • Series Title: China-EU Law Series

  • DOI: https://doi.org/10.1007/978-3-030-54181-1

  • Publisher: Springer Cham

  • eBook Packages: Law and Criminology, Law and Criminology (R0)

  • Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2021

  • Hardcover ISBN: 978-3-030-54180-4Published: 02 October 2020

  • Softcover ISBN: 978-3-030-54183-5Published: 03 October 2021

  • eBook ISBN: 978-3-030-54181-1Published: 01 October 2020

  • Series ISSN: 2198-2708

  • Series E-ISSN: 2198-2716

  • Edition Number: 1

  • Number of Pages: XIX, 377

  • Number of Illustrations: 9 b/w illustrations

  • Topics: Private International Law, International & Foreign Law, Comparative Law , Business Law, International Economic Law, Trade Law

Buy it now

Buying options

eBook USD 84.99
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book USD 109.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book USD 109.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access