Setting Up A Company Overseas: China Vs Singapore

Introduction


Companies Act can be defined as the legal act that regulates the formation, dissolution and management of companies. It differs from Country to Country. No company can be established without following the norms set by the law. Given below is a brief comparison between Singapore and China.

Singapore’s Companies Act came into force in 1967. Any business that has more then 20 employees is termed as a Company. Companies in Singapore are governed by the Companies Act (Cap 50, 1994 Rev Ed.). Certain companies in addition to the Companies Act are also governed by other Acts. Example, Banks and Insurance companies are also governed by the Insurance and Banking Acts.
China is currently ranked the 4th largest economy in the world. The World Bank however classifies China as a low-middle income economy.
Given below is a comparative study for setting up a business in Singapore and China.

Requirements for setting up a company

Singapore
• Minimum one shareholder
• Minimum one director who is the citizen of Singapore
• One Company Secretary who is the resident of Singapore
• Registered office address
• Shareholder and director cannot be the same person

China
• Minimum one shareholder
• Minimum one director
• Director and Shareholder need not be the citizens of China
• Registered office address
• Minimum paid-up capital of US$4175 needs to be paid

Types of Companies that can be formed

Singapore
• Sole-proprietorships/Partnerships/Limited Liability partnership
• Private limited company
• Public limited companies

China
• Branch Office
• Sino-Foreign Equity Joint Ventures
• Sino-Foreign Co-operative Joint Ventures
• Wholly owned Foreign Enterprise
• Chinese holding company

Procedure and Timelines for Company Registration

Singapore
• Get company name approval
• Prepare registration documents
• Client to sign company registration documents
• Register company
• Open bank account
• Memorandum and Articles of Association
• Statutory Declaration of Compliance
• Particulars of Shareholders, Directors, Secretaries, etc.
• Certificate of Identity
• Situation of Registered Office/Office Hrs at Time of Registration
• Consent to Act as Director and Statement of Non-disqualification to Act as Director
• A Consent to Act as Secretary
• Time taken to register the Company is normally 1 day.

China
• Choose Company Name
• Open preliminary bank account, deposit fund and obtain certificate of deposit
• Get capital verification report form auditing firm
• Get registration certificate
• Make company seal
• Get organization code certificate given by Quality and Technology Supervision Bureau
• Register with local statistics and tax bureaus
• Open formal bank account and transfer registered capital to that account
• Apply for authorization to print financial invoices
• File for recruitment registration with a local career centre
• Register with social welfare insurance centre
• Time taken to register a company in China is usually 1 month

Advantages of doing Business in Singapore
• Singapore has extensive tax-treaties with other countries
• English is a common language
• Taxes are only on the income sourced within or that is remitted into Singapore from a foreign source
• It has a one-tier corporate tax system

Disadvantages of doing business in China
• China is not a free market economy
• Chinese often prefer to deal with the locals
• Local language is predominantly used compared to English

By: Andrew GMS Chen

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Refer to Opening Singapore Branch Office , Opening Singapore Representative Office and Singapore Companies Act guides for more information on setting up a company.

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