In the Chinese-foreign cooperative enterprise law, there are many ways for Chinese and foreign parties to contribute capital, which can be in currency or equivalent currency. Foreign investors must contribute capital in foreign exchange.

I. Investment Methods in the Law on Sino-foreign Joint Ventures

The joint venturer may make capital contribution in cash or with buildings, factories, machinery and equipment or other materials, industrial property rights, proprietary technology and the right to use the site at a fixed price. Where buildings, factories, machinery and equipment or other materials, industrial property rights and know-how are used as capital contribution, the price shall be determined by the parties to the joint venture through consultation in accordance with the principle of fairness and reasonableness, or a third party agreed by the parties to the joint venture shall be hired for evaluation.

The foreign currency contributed by the foreign party shall be converted into RMB or agreed foreign currency according to the benchmark exchange rate published by the People's Bank of China on the date of payment.

If the RMB cash invested by the China joint venture needs to be converted into foreign currency, it shall be converted according to the benchmark exchange rate published by the People's Bank of China on the date of payment.

The machinery, equipment or other materials invested by the foreign party shall be necessary for the production of the joint venture.

The pricing of machinery, equipment or other materials mentioned in the preceding paragraph shall not be higher than the current international market price of similar machinery, equipment or other materials.

The industrial property rights or proprietary technology contributed by a foreign party must meet one of the following conditions:

(a) can significantly improve the performance and quality of existing products, improve production efficiency;

(two) can significantly save raw materials, fuel and power.

Where a foreign party contributes capital with industrial property rights or know-how, it shall submit relevant materials of the industrial property rights or know-how, including a copy of the patent certificate or trademark registration certificate, its effective status and technical characteristics, practical value, calculation basis for pricing, pricing agreement signed with the Chinese side and other relevant documents, as annexes to the joint venture contract.

Machinery, equipment or other materials, industrial property rights or know-how contributed by a foreign party shall be submitted to the examination and approval authority for approval.

Two. Application for the establishment of a foreign-invested commercial enterprise

(1) application;

(two) the feasibility study report signed by all investors;

(3) contracts and articles of association (only articles of association are submitted by foreign-invested commercial enterprises) and their annexes;

(4) bank credit certificate, registration certificate (photocopy) and legal representative certificate (photocopy) of all investors, and identity certificate if the foreign investor is an individual;

(5) Audit reports of all investors audited by accounting firms in the latest year;

(six) the state-owned assets evaluation report of China investors to invest in Sino-foreign joint ventures and cooperative commercial enterprises;

(7) Catalogue of import and export commodities of the foreign-invested commercial enterprise to be established;

(eight) the list of members of the board of directors of the foreign-invested commercial enterprise to be established and the letter of appointment of all investors;

(9) Notice of pre-approval of enterprise name issued by the administrative department for industry and commerce;

(10) land use right certificate (photocopy) and/or house lease agreement (photocopy) of the store to be opened, except for the store with business area less than 3,000 square meters;

(1 1) A description document issued by the competent commercial department of the government where the store is to be opened that meets the requirements of urban development and urban commercial development.

(12) If the document is signed by a non-legal representative, the power of attorney of the legal representative shall be issued.

Three. Sino-foreign joint venture project

(1) encouraged foreign investment projects:

1, which belongs to new agricultural technology, comprehensive agricultural development, energy, transportation and important raw materials industries;

2, belongs to the high-tech, advanced and applicable technology, can improve product performance, improve the technical and economic benefits of enterprises or produce new equipment and materials with insufficient domestic production capacity;

3. Adapting to market demand can improve product quality, open up new markets or increase domestic competitiveness;

4. It belongs to new technology and equipment, which can save energy and raw materials, comprehensively utilize resources and renewable resources, and prevent environmental pollution;

5. Be able to give full play to the advantages of human resources in the central and western regions, in line with national industrial policies;

6. Other circumstances stipulated by laws and administrative regulations.

(2) Restricted foreign investment projects:

1, the technical level is backward;

2, it is not conducive to saving resources and improving the ecological environment;

3. Engaged in the exploration and mining of specific minerals that are subject to protective mining as stipulated by the state;

4. It belongs to the industry gradually opened by the country;

5. Other circumstances stipulated by laws and administrative regulations.

(3) Prohibited foreign investment projects:

1, endangering national security or harming the public interest;

2. Causing pollution damage to the environment, destroying natural resources or endangering human health;

3, occupying a large amount of cultivated land is not conducive to the protection and development of land resources;

4, endangering the safety and efficiency of military facilities;

5, the use of China's unique technology or technology to produce products;

6. Other circumstances stipulated by laws and administrative regulations.

According to the law, it can be known that the joint venture can make capital contribution in cash, as well as buildings, factories, machinery and equipment or other materials, industrial property rights, know-how and the right to use the site.

Legal objectivity:

Article 2 of the Regulations on the Implementation of the Law on Chinese-foreign Joint Ventures stipulates: "Chinese-foreign joint ventures approved to be established in China according to the Law on Chinese-foreign Joint Ventures are legal persons in China and are governed and protected by the laws of China." Article 2 of the Interim Provisions on Several Issues Concerning the Establishment of Foreign-invested Joint-stock Companies also stipulates that foreign-invested joint-stock companies are enterprise legal persons. 1. A Sino-foreign joint venture is an enterprise legal person with civil rights and capacity for civil conduct. As an enterprise legal person, a Chinese-foreign joint venture has the legal person conditions stipulated in Article 37 of the General Principles of the Civil Law. The General Principles of Civil Law stipulates four conditions for legal persons: being established according to law; Having the necessary property or funds; Having its own name, organization and place; Be able to bear civil liability independently. Sino-foreign equity joint ventures refer to economic organizations registered and established in the administrative department for industry and commerce with the approval of the China Municipal Government in accordance with the procedures prescribed by the laws of China; Having its own assets independent of the property of Chinese and foreign investors; Having an approved name and a fixed business place, and having a corresponding organization; A foreign country may engage in civil activities, enjoy rights and perform obligations in its own name, file a lawsuit or respond to a lawsuit in its own name, and independently assume property liability for losses suffered by its own production and operation with its own assets. It can be seen that the Sino-foreign joint venture is not only an economic entity, but also a legal entity. 2. A Sino-foreign joint venture is an enterprise legal person with China nationality. Established in accordance with the laws of China, the registered place of articles of association, business center and management center are all in China. It is completely reasonable to define it as a "legal person in China" in the Implementation Regulations of the Law on Sino-foreign Joint Ventures. Sino-foreign joint ventures are legal persons in China, which means that they have the nationality of China. On this basis, the China government can exercise both territorial jurisdiction and personal jurisdiction over it, which requires that all activities of Sino-foreign joint ventures must abide by the laws of China, and its branches and business activities established outside China must be governed by the laws of China. Of course, as a legal person in China, the legitimate rights and interests of Sino-foreign joint ventures are also protected by the laws of China. As a legal person in China, the relationship between Chinese-foreign joint ventures and the subjects of various civil activities in China and other foreign-invested enterprises is the relationship between equal civil subjects in China, not foreign-related civil relations.