WFOE (Wholly Foreign-Owned Enterprise) setup
A Wholly Foreign-Owned Enterprise (WFOE) is the standard vehicle for many foreign founders who need a mainland China operating presence with 100% foreign ownership (subject to the Foreign Investment Negative List). Since the 2014 company-capital reforms there is no universal statutory registered-capital minimum for ordinary companies, but local Administration for Market Regulation (AMR) practice still expects registered capital to be “sufficient” for the stated business scope. Under the revised Company Law (effective 2024), subscribed capital is generally expected to be fully contributed within five years (verify current implementing rules). For service businesses, practitioners often plan practical capital bands around RMB 100,000–500,000 or more — this is planning guidance, not a published national legal floor; always confirm with local AMR counsel in your city. Critical: incorporating a WFOE does not grant the founder work rights or residence. China does not offer a simple national “startup visa” comparable to the UK Innovator Founder route. Entity setup and immigration must be planned as parallel workstreams. Official investment portals such as fdi.gov.cn and MOFCOM English resources provide policy context — local municipal FDI / AMR windows govern filings.
Min. capital
No universal statutory minimum; practical sufficiency + 5-year contribution rule (verify locally)
Best for: Founders committed to a real mainland operating company who will separately obtain work and residence permission for themselves and key staff.
Do not treat “RMB 100k–500k+” as a legal national minimum — it is a practical planning range often discussed for service WFOEs. Capital-intensive or licensed sectors need far more. Negative List sectors may forbid or restrict WFOEs entirely. Verify-on-official-site / local AMR before locking a figure.
Investment options
- WFOE under the Foreign Investment Law framework (check Negative List)
- Subscribed capital sized for local AMR expectations and 5-year contribution timeline (Company Law 2024)
- Alternative structures (JV, representative office) only where they fit — RO generally cannot take RMB revenue like a WFOE
- Immigration remains a separate track after (or while) incorporating
Eligibility
- Business scope permitted for foreign investment (Negative List / encouraged catalogue checks)
- Name pre-approval, articles, lease/virtual address rules as required by the local AMR
- Foreign investor KYC and legalised / apostilled corporate documents as applicable
- Post-registration: company chops, bank account, tax / social insurance onboarding
Process timeline
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1
Scope & Negative List check
Confirm the activity is open to a WFOE in your target city; engage local corporate counsel.
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2
AMR registration
Name, articles, capital subscription, and business licence issuance.
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3
Chops, bank, tax
Carve chops, open RMB / FX accounts, complete tax and social insurance registrations.
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4
Start immigration track
Begin Foreigner’s Work Permit Notice process for the legal representative / key hires — do not assume the licence equals a visa.
Family
WFOE registration has no immigration effect for spouses or children. Family reunion depends on the principal’s residence permit category after work authorisation.
Work rights
None from the business licence alone. Working without a Foreigner’s Work Permit / correct visa is unlawful.
Route to PR
Permanent residence in China is a separate, selective process (e.g. long contribution / talent categories). A WFOE does not create a PR entitlement.
Route to citizenship
Chinese citizenship is not a practical by-product of WFOE investment. Dual nationality is generally not recognised by China; Pakistan dual-nationality implications need personal advice.
Pros
- Full operating control via WFOE where the sector is open
- Clearer contracting, hiring, and invoicing than informal agent arrangements
- National FDI policy portals (fdi.gov.cn / MOFCOM) for orientation
- Company Law contribution timeline gives structured capital planning
Watch-outs
- No Innovator Founder-style startup visa — plan entity + permits separately
- Local AMR “sufficient capital” expectations vary by city and scope
- Negative List and licensing can block or delay intended activities
- Shelf WFOEs without substance struggle with banks and work-permit filings