Best Board of Investment (BOI) Lawyers in Nanjing

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Hengliang Law Firm

Hengliang Law Firm

Nanjing, China

Founded in 2008
50 people in their team
Outstanding because of professionalismShanghai Hengliang Law Firm is a partnership law firm registered in the Shanghai Municipal Justice Bureau and...
Chinese
English

About Board of Investment (BOI) Law in Nanjing, China

The Board of Investment (BOI) in Nanjing refers to regulatory frameworks and incentives provided by the local government to attract and facilitate foreign investments in the region. Nanjing, being one of the significant urban centers in Eastern China and the capital of Jiangsu Province, offers various incentives for businesses looking to invest in sectors like advanced manufacturing, information technology, and clean energy. BOI laws typically involve tax incentives, administrative support, and potential grants or subsidies for qualifying investments.

Why You May Need a Lawyer

Investing in a foreign country constitutes a complex undertaking full of regulatory and administrative challenges. You might need a lawyer when navigating the intricacies of BOI law for the following reasons: understanding and applying for investment incentives, ensuring compliance with local and national regulations, acquiring necessary permits, protecting your intellectual property, negotiating contracts and joint ventures, handling dispute resolution, and employing local staff. Legal experts can guide you through each stage of the investment process, reducing risks and safeguarding your interests.

Local Laws Overview

In Nanjing, as in the rest of China, BOI laws are part of a broader framework including national guidance and local implementing rules. Investors need to comply with China’s Company Law, Labor Law, and various tax laws, among others. Key aspects of local laws involve equity requirements, restrictions on foreign ownership in certain industries, land use rights, tax rates, and statutory employee benefits. Nanjing may issue its local ordinances/provisions to promote investment in targeted industries and offer benefits on top of national policies.

Frequently Asked Questions

1. What incentives does Nanjing BOI offer to foreign investors?

Incentives may include tax breaks, subsidies for technology-based firms, and preferential land policies. Specific incentives depend on the industry and the scale of the investment.

2. Are there any restricted sectors for foreign investors in Nanjing?

Yes, like in the rest of China, certain sectors are restricted or prohibited for foreign investors. These are listed in the Negative List for foreign investment issued by the central government and may be updated periodically.

3. How long does it take to establish a foreign-invested enterprise in Nanjing?

The timeline may vary based on the type of investment and required approvals, but the process generally takes several months from the initial application to the final establishment.

4. Is it necessary to form a joint venture with a local Chinese company?

It isn’t always necessary but may be required or advantageous in certain industries or circumstances.

5. Can I own 100% of a Chinese company as a foreign investor?

In many sectors, yes, you can establish a wholly foreign-owned enterprise (WFOE), but this should be checked against the latest Negative List and local rules.

6. What taxes are applicable to foreign investors in Nanjing?

Common taxes include corporate income tax, value-added tax, customs duties, and possibly land appreciation tax, among others.

7. Are there any investment limits for foreigners?

There might be capital requirements based on the industry and investment scope, and for certain sectors, there could be explicit investment caps.

8. Can foreign investors qualify for grants in Nanjing?

Yes, grants are available for certain high-tech industries, research, and development initiatives, and other qualifying business activities.

9. Is it difficult to repatriate profits from Nanjing?

While there are processes in place for repatriation of funds, these must be compliant with Chinese foreign exchange controls and tax obligations.

10. Is intellectual property well-protected in Nanjing for foreign investors?

China has strengthened its intellectual property laws in recent years, but protection and enforcement remain complex areas requiring expert legal advice.

Additional Resources

For further assistance, you may reach out to the Nanjing Investment Promotion Bureau, the China Council for the Promotion of International Trade (Jiangsu Sub-Council), and the Jiangsu Provincial Department of Commerce. These organizations can provide detailed information and support related to investing in Nanjing.

Next Steps

If you require legal assistance with Board of Investment (BOI) matters in Nanjing, it is recommended to seek experienced legal counsel familiar with Chinese investment laws. Consider contacting the local legal professional associations to identify qualified lawyers, and arrange meetings to discuss your project's specifics and legal needs. Prepare relevant documents and have a clear understanding of your investment objectives to facilitate the process.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.