WOFE Invested by HKSAR, Macau, Taiwan

Investors of Hong Kong SAR, Macau SAR, and those investors from Taiwan who set up commercial enterprises in China provinces, autonomous regions and municipalities for investment may refer to the "Measures for the Administration of Foreign Investment in Commercial Fields" for execution, it includes the following provisions:-

  • I.  Since 1 January 2004, Hong Kong, Macau commercial service providers can set up foreign-invested commercial enterprises in Mainland.
  • II. Hong Kong, Macau service suppliers who set up commercial retail enterprises in Mainland can expand its geographical scope from the prefecture-level city in Guangdong province to county-level city.
  • III. Since 1 January 2004, to apply for the relevant provisions of the Hong Kong and Macau commercial service providers which receive the basis of establishing methods in the automotive retail business, commercial enterprises in mainland. Its application for the first three years are of the average annual sales for not less than USD 100 million; in previous year before application, the asset amount for not less than USD 10,000,000; the registered capital for setting up the car retail business in mainland are the minimum amount of RMB 10 million to set up a retail business in Midwest; automotive minimum registered capital of RMB 600 million.
  • IV. Allow Hong Kong, Macau permanent residents, same as Chinese citizenship, in accordance with the relevant laws, rules and regulations, set up individual businesses that engage in commercial retail activities (excluding franchising), its business area is not exceeding 300 square meters.
  • V. Hong Kong, Macau commercial service providers as required by this section shall conform to "Mainland and Hong Kong Closer Economic Partnership" and the "Mainland and Macau Closer Economic Partnership Arrangement", in which the term "Service Provider" set out its requirements, definition and the related requirements.


About the "Service Provider" is defined as follows and its related requirements:-
A,   "Mainland and Hong Kong Closer Economic Partnership Arrangement" and its annex, "Service Provider" refers to the services provided by any person, including:-
     I.  "Person" means a natural or legal person;
     II.  "Natural Person":
         (1) In mainland, it refers to citizens of the PRC;
         (2) For Hong Kong, the Special Administrative Region of the People's Republic of China’s permanent residents;
     III.  "Legal Person" means any legal entity duly constituted or established under the applicable law of Mainland and Hong Kong SAR, regardless of Whether it is profitable and whether private or government-owned, including any corporation, trust, partnership, cooperation, sole proprietorship or association (chamber of commerce).

B,   "Mainland and Macau Closer Economic Partnership Arrangement" and its annex, "Service Provider" refers to the services provided by any person, including:-
     I.  "Person" means a natural or legal person;
     II.  "Natural Person":
         (1) In mainland, it refers to citizens of the PRC;
         (2) For Macau, the Special Administrative Region of the People's Republic of China’s permanent residents;
     III.  "Legal Person" means any legal entity duly constituted or established under the applicable law of Mainland and Macau, regardless of Whether it is profitable and whether private or government-owned, including any corporation, trust, partnership, cooperation, sole proprietorship or association (chamber of commerce).