중국(中國)에 있어서 외국인투자(外國人投資) 지주회사제도(持株會社制度)의 현황(現況)과 향후(向後) 개선과제(改善課題) = The Present and Improvement Task of the System of Holding Company Established by Foreigner Investors in China

다국어 초록 (Multilingual Abstract)

The holding company system in China derived from the development of the state-owned holding company, holding company established by foreigner investors and financial holding company after 1990s, and the special regulations on holding company could be divided into three dimensions, including regulations of state-owned holding company, holding company established by foreigner investors and financial holding company. As one of the important parts of regulations on holding company invested by foreigners, the system of investment company established by foreign investors is considered to be a distinctive phenomenon in China. According, this paper is mainly focusing on the Provisions on the Establishment of Investment Companies by Foreign investors to overview its main contents and characteristics and even to suggest the improvement task in the future.
At present, the regulations of holding companies invested by foreigners are comparably systematically established in China by the legislation of Provisions on the Establishment of Investment Companies by Foreign investors, as a main part of which, much benefit are endowed to investment company invested by foreigners as well as several regulations on efficient investment supervision are included therein. Therefore, it plays an active role in attracting extensive foreign investment including many multinational companies. However, there remains various issues including but not limited to the effect induced by the strict requirement on establishment, the low legislative level and even lack of systematical regulations. Accordingly, it appears necessary to relieve the establishing requirements, develop the legislative levels and reinforce the corporate regulations and such like. It seems especially desirable to improve relevant corporate regulations.
For Korean companies, it is supposedly necessary to make a good use of the systems of investment company invested by foreigners which is legally acceptable in China so as to enforce the effect of their investment to China and furtherly, it is especially much desirable to take more attention to the its changes and increase the management abilities in China by acquiring deeper understanding of the corporate systems.