Wholly Foreign-Owned Enterprise Registration
From choosing the right type of WFOE to completing all registration steps, Dingxin will provide a one-stop solution to ensure a smooth start for your business in China.
A Wholly Foreign Owned Enterprise (or WFOE for short) is a type of limited liability company registered in China that is wholly owned by one or more foreign investors. This type of business entity ensures that foreign investors have complete control over the company with full ownership of their business operations. Forming a WFOE in China can bring you the following major advantages:
As long as your company will not be engaged in industries listed in the ‘Market Entry of Foreign Investment (Negative List)’ published by the Chinese government, you will be allowed to operate with 100% of foreign capital. WFOEs can be generally classified into the following types:
How to Register a WFOE in China?
Documents Required for a WFOE Formation in China
To register a WFOE in China, you need to prepare the following documents. No worries, Dingxin will guide you through these!
Please note that the identification documents of the shareholders (such as passports or incorporation certificates) must be notarized by the local notary office and authenticated by the Chinese embassy or consulate abroad. You may also apply for an Apostille Certificate instead if it is applicable to your country.
Steps to Register a WFOE in China
For you to understand what we are doing, we will report different steps and stages to finally set up your WFOE. Our thorough WFOE checklist will also guide you in every process.
Step 1: Company Name Pre-approval
The first step in establishing a WFOE in China is to come up with a name for your company. According to the regulations in China, you need to follow a format when giving your company a name. You can read more about ‘how to name a Chinese company (for foreign investors)’.
Step 2: Application Materials Preparation
After the company’s name is pre-approved, you will then need to prepare the registration materials and documents. Dingxin will help you prepare the documents and guide you through all the difficulties while gathering the materials.
Among all the information mentioned above, the most important item might be the investment capital of your company. It is important to note that the Chinese Company Law has been revised in 2023, introducing significant changes to the investment capital system.
Step 3: Obtain License and Apply for Company Seals
After successful application, the business license of your WFOE will be issued within 5 working days, followed by an application of the company seals. If you are not familiar with the management of the company seals, you can choose Dingxin’s company seal management services for an easier operation
Step 4: Tax Registration
Tax registration is the legal registration process that must be completed within 30 days since the issuance of your company’s business license. This process is designed to ensure that enterprises legally pay taxes and comply with Chinese tax laws.
Step 5: Open Corporate Bank Account
For normal operations in China, you need a company bank account to manage your daily income and expenses. You may go through various steps such as on-site visits, submission of documents, and account activation. Depending on the requirements of different banks, you might need to submit various application materials. Hongda's China Bank Account Opening service will assist you in selecting the most suitable bank and support you through the entire account opening process. You are welcome to visit our bank account service page to learn more about the relevant information.
Step 6: Obtain Work Permit and Employment Residence Permit
According to Chinese legal regulations, foreigners residing or staying in China are required to hold the corresponding type of visa. This means that if you want to work legally in China, you need to apply for and hold a work-type work permit and residence permit, otherwise, you may face penalties from the Chinese immigration authorities. Applying for a work permit is a relatively complex process, requiring the preparation of many documents and taking about 1.5 months. Let Dingxin assist you in applying for a work permit and residence permit to comply with the regulations of Chinese immigration law. Please click here to learn more.
Step 7: Hire Qualified Employees
Depending on the needs and scale of your enterprise, you may need to recruit employees to support the operation of your business. Before hiring employees, you need to clarify job requirements, develop a recruitment plan, and conduct recruitment according to local labor laws. Dingxin now provides comprehensive HR services, including EOR, PEO, and headhunt to find the ideal candidates for you! We are also happy to support your employees with our payroll services. Please read related service pages or book a free meeting with us to know more!
Step 8: Ongoing Compliance
Now your WFOE is ready to start operation. However, during this process, you will still need to face several compliance affairs throughout the life cycle of your WFOE.
Factors to Consider When Setting up a WFOE in China
When registering a WFOE in China, there are several important factors you should consider during the forming process for a smooth formation.
WFOE Registered capital
The registered capital of a WFOE is the total amount of capital contributed by the shareholders to form the company, either in the form of cash, land use right, intellectual property, equipment, and/or other assets. A WFOE’s registered capital needs to be declared in the Articles of Association and submitted during the registration process. In 2024, the revised China Company Law was put into effect, in which the regulations regarding registered capital changed.
Business Location
A careful consideration of the business location of your WFOE in China is crucial, as it can influence the administrative and tax policy incentives you can enjoy from the local government. Within a specific city, the policies may also vary depending on the districts where your WFOE is registered. To find an ideal address for you, Dingxin offers an affiliated registered address service for you to locate your company. Please click to see more about our registered address service page.
Special Licenses and Permits
Some business activities in China may require additional permits and licenses for a legal operation. For example, if you want to open a restaurant in China, you need to apply for a Food Operation License in addition to a company Business License.
Frequently Asked Questions
Still have a question? No worries! We are glad to answer!
How to Name a Company
To name your WFOE in China, according to the Company Law of the P.R.C., you will have to follow the regulated format:
Do I need to go to China in person to register my WFOE?
No, you don’t need to travel to China. By partnering with Dingxin, you can enjoy remote WFOE registration service. All you need to do is to prepare some documents and deliver them to Dingxin and let us take care of the rest of the work.
What is the minimum investment amount required for registering a WFOE?
China has no nationwide minimum capital requirement for WFOEs under the 2023 Company Law. Key points:
Need specifics? Contact us for a tailored analysis based on your business type and location.
What are the ongoing compliance requirements for a WFOE?
The basic compliance requirements for a WFOE include:
It is a great idea to choose Dingxin’s all-in-one package for life-long support to keep you compliant all year long.
What are company seals? Why are they so important?
Company seals are also called company chops or company stamps. They are generally used to replace signatures as used in Western countries. A company seal is the official representative and legal evidence of the company’s activities.
The most important one of all the seals is the official company seal. It has the widest scope of use among all the seals and it stands for the company itself. All letters, official documents, or contracts issued in the name of the company can be stamped with the official seal, which will legally bind the company. Keep it SAFE!
Please give us a message
Tel:15066768857
E-mail:sales@dxjclegalconsulting.com