EJV Law definition
Examples of EJV Law in a sentence
For example, under the “encouraged foreign investment industries”’ list under the “mining and quarrying industries”’ for the “venture prospecting and exploitation of petroleum, natural gas” the only forms of FIE prescribed are EJV or a Contractual Joint Venture.48Article 5 of the EJV Law imposes the following condition: “The technology and the equipment that serve as a foreign joint venture's investment must be advanced technology and equipment that actually suit our country's needs.
The EJV Law statutorily prescribes sharing of profits, risks and losses between the parties to the EJV in proportion to the respective capital contributions, whereas the CJV Law allows the parties to determine proportions by the CJV contract.
The execution and delivery by such party of this Agreement and the performance by such party of such party’s obligations under this Agreement do not and will not conflict with or violate any provision of, or require the consent or approval of any person or entity (except for any such consents or approvals which have been obtained) under, (a) applicable law, (b) the organizational documents of such party (if it is not an individual) or (c) any contract or agreement to which such party is a party.
As of 1 January 2020, the three (3) FIE laws, i.e. WFOE Law, EJV Law and CJV Law, were superseded by a consolidated FIL.
There are other legislations like the Sino-Foreign Equity Joint Venture Enterprise Law (EJV Law), adopted in July 1979, which marked the beginning of China’s foreign investment law regime; the Sino- Foreign Cooperative Joint Venture Enterprise Law (CJV Law) and the Foreign-Capital Enterprise Law (FCE Law) and the Wholly Foreign-owned Enterprise Law (WFOE Law), which govern such foreign investments within the territory of China (Potter, 1995).
Under the EJV Law, dividends shall be allotted to the shareholders in proportion to their registered capital ratio.
Also, the EJV Law required certain decisions to be unanimously consented by all members of the Board of Directors (irrespective of the majority/minority ratio of the shareholders) while under the PRC Company Law (provided the articles of associations of the company do not provide otherwise) a majority of two-thirds of the votes is sufficient to resolve any matter subject to approval by the Shareholders’ Meeting.
The EJV Law, CJV Law and WFOE law and their respective implementing rules are collectively referred to as the “Three Laws.” The Foreign Investment Law has the following impact on existing FIEs and any future new FIEs to be established by foreign investors in China.
The Council maintains a cash and investments pool used by all funds.
This Decision authorizes the State Council to suspend several approval require- ments for FIEs as provided under the Law on Wholly Foreign-owned Enterprises (WFOE Law), the Law on Sino-foreign Equity Joint Ventures (EJV Law) and the Law on Sino-foreign Contractual Joint Ventures (CJV Law).