Starting a Business · China
Starting a business in China: foreigner's guide (2026)
China shaded by its starting a business status
China admits foreign investment under a 'pre-establishment national treatment plus negative list' model: sectors not on the negative list are open to wholly foreign-owned enterprises (WFOEs) via online filing, while listed sectors are restricted, capped, or prohibited. Manufacturing is now fully open and there is no general statutory minimum capital, but setup still involves multiple agencies and typically takes one to three months; the 2024 Company Law adds a five-year deadline to pay in subscribed capital.
Key points
Foreigners may own 100% of a company (WFOE) in any sector not on the Negative List for Foreign Investment Access. The 2024 edition (effective 1 Nov 2024) retains restrictions and prohibitions in areas such as telecom value-added services, publishing/media, certain financial services and domestic shipping/aviation; sectors not on the list receive national treatment.
The 2024 Negative List removed the last two manufacturing restrictions (printing of publications and certain traditional Chinese medicine processes), so the entire manufacturing sector is now open to foreign investment with national treatment.
For non-negative-list sectors, foreign investors register/file through the integrated enterprise registration and MOFCOM FDI information-reporting system rather than seeking prior approval; negative-list sectors require a formal approval/permit. Setup spans business-license issuance (SAMR), tax registration, bank account opening and SAFE/foreign-exchange registration.
There is no general statutory minimum registered capital for most companies; specific minimums apply only to regulated sectors such as banking, insurance and finance. Capital is set by the investor to suit the business plan.
Under Article 47 of the revised Company Law (effective 1 Jul 2024), shareholders of a limited liability company must pay in subscribed registered capital in full within five years of establishment; companies formed before 30 Jun 2024 must conform their schedules so contributions are completed by 30 Jun 2032. SAMR implementation measures took effect 10 Feb 2025.
Full establishment generally takes about one to three months depending on business type, including business license, tax and foreign-exchange registration; manufacturing or licensed activities take longer due to additional approvals.
Timeline - major decisions & events
China's first fundamental law dedicated to the private sector entered into force, guaranteeing fair market access/competition, financing support and rights protection for the private firms that make up over 92% of all registered businesses. It signals state commitment to a more predictable environment for private (including newly founded) enterprises.
Ministry of Justice (PRC) ↗The NDRC/MOFCOM released the updated unified negative list governing which sectors are restricted for both domestic and foreign entrants, further trimming restricted items while adding controls in sensitive areas (drones, e-cigarettes, pharma, internet services). Activities off the list are open to free market entry.
UNCTAD Investment Policy Hub ↗The Special Administrative Measures (Negative List) for Foreign Investment Access, 2024 Edition came into force, cutting restricted items from 31 to 29 and abolishing all remaining restrictions on foreign investment in manufacturing. Registration authorities will not process foreign-invested company set-ups in listed prohibited fields.
Beijing Investment Promotion Service Center ↗The comprehensively revised Company Law (adopted 29 Dec 2023) took effect alongside State Council implementation regulations, requiring LLC shareholders to fully pay subscribed registered capital within five years of formation and mandating public disclosure of capital changes. It reshapes how new companies are capitalized and governed.
Library of Congress ↗The unified Foreign Investment Law took effect, repealing the separate WFOE, equity JV and cooperative JV laws and subjecting foreign-invested enterprises to the same Company Law as domestic firms under a pre-establishment national treatment plus negative-list regime. It standardized and simplified how foreigners establish businesses in China.
Ministry of Justice (PRC) ↗The NPC adopted the landmark Foreign Investment Law, establishing the framework that replaced China's three-decades-old fragmented foreign-investment statutes. It promised equal treatment and reduced approval barriers for foreign-funded enterprises.
UNCTAD Investment Policy Hub ↗The Doing Business 2019 report ranked China 46th (up from 78th) after a record seven reforms; the time to start a business fell to 9 days and Beijing became one of only two cities where start-up was free. It marked the payoff of China's business-registration streamlining drive.
World Bank ↗Expanding the 2015 "three-in-one" reform, the State Council merged business, tax, organization-code, statistics and social-insurance registrations into a single license bearing an 18-digit Unified Social Credit Code. This collapsed multiple agency filings into one step, sharply cutting the time and paperwork to register a company.
China Briefing ↗Amendments to the Company Law abolished minimum registered-capital thresholds (e.g., RMB 30,000 for LLCs) and replaced the paid-in system with a subscription system, letting founders set their own capital and contribution schedule. This removed a major upfront barrier to forming a company.
Library of Congress ↗Adopted by the NPC Standing Committee on 29 Dec 1993, China's first modern Company Law came into force, for the first time providing a legal framework for organizing and incorporating limited liability and joint-stock companies. It laid the foundation for company formation in the emerging market economy.
Indiana Int'l & Comp. Law Review ↗China - other topics
Last verified 5/23/2026 · Orientation, not legal advice - verify against the primary sources linked above. Explore the full world map →