Examples of EJV Law in a sentence
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.
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.
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.
As of 1 January 2020, the three (3) FIE laws, i.e. WFOE Law, EJV Law and CJV Law, were superseded by a consolidated FIL.
Under the EJV Law and its implementation rules, an equity joint venture incorporated in China may declare and distribute the dividends only after it sets aside reserve funds, bonus and welfare funds for employees and development funds, at a percentage of the after-tax profits determined by the board at its discretion.
It should be noted, though, that the EJV Law was “more a statement of principles than a well-defined legal code [and] sketchy both in form and substance” (Fu 2000: 29).
For example, originally Article 57 of the EJV Law Implementing Rules reads: “In its purchase of required machinery, equipment, raw materials, fuel, parts, means of transport and office equipment, etc., a joint venture has the right to decide whether it buys them in China or from abroad.
The Company is a Sino-foreign equity joint venture company in accordance with the PRC EJV Law, other PRC Law and the provisions of this Contract.
PRC Laws on (i) Sino-Foreign EJV (EJV Law), (ii) Sino-Foreign CJV (CJV Law), and (iii) WFOE (WFOE Law) and their implementing rules published in the 1970s-1990s, as amended from time to time, have served as the fundamental laws governing foreign investment in China.
According to these laws, FIEs shall be subject to examination and approval of competent authori- ties including their establishment, changes and ter- mination (Articles 6, 10 and 20 WFOE Law; Articles 3,13, and 14 EJV Law; Articles 5, 7, 10, 12(2) and 24 CJV Law).