Skip to content
World Watch/China/Starting a Business

Starting a Business ยท China

How to start a business in China as a foreigner (2026)

ModerateCountry index 81 ยท B+

China shaded by its starting a business status

Starting a business in China as a foreigner: moderate.

FrameworkForeign Investment Law (2020) + revised PRC Company Law (effective 1 July 2024) + 2025 Special Administrative Measures (Negative List) for Foreign Investment Access, administered by NDRC, MOFCOM and SAMR

China permits 100% foreign ownership through a Wholly Foreign-Owned Enterprise (WFOE) or other FIE forms in any sector not appearing on the Foreign Investment Negative List, which was cut to 29 restricted/prohibited items in the 2025 update and now fully opens manufacturing to foreign capital. Company formation is governed by the 2020 Foreign Investment Law and the revised 2024 Company Law, with registration handled by the State Administration for Market Regulation (SAMR); end-to-end setup typically takes 8โ€“14 weeks (roughly 1.5โ€“3 months) and involves multiple regulators (SAMR, MOFCOM record-filing, tax bureau, banks, foreign-exchange). It is workable and increasingly liberalized, but paperwork legalization, sectoral licensing, the 5-year paid-in capital rule and city-by-city practice keep the process moderately complex rather than easy.

Key points

Foreign ownership

100% foreign ownership is allowed in all sectors outside the 2025 Negative List, which was reduced to 29 restricted/prohibited items (from 31); manufacturing was fully opened on 1 November 2024. Sectors on the list require a Chinese-majority JV or are prohibited.

Governing law

The 2020 Foreign Investment Law replaced the old WFOE/JV laws; the 5-year transition ended in early 2025, so FIEs are now governed primarily by the revised PRC Company Law (in force 1 July 2024) plus SAMR's Implementing Measures for Company Registration (in force 10 February 2025).

Minimum capital

There is no statutory minimum registered capital for a general WFOE (RMB 1 in law), but the revised Company Law requires subscribed capital to be fully paid in within 5 years of establishment; practical benchmarks are RMB 100kโ€“500k for consulting, 500kโ€“3M for trading, 1Mโ€“10M+ for manufacturing, and sector-specific minimums still apply (e.g., RMB 1 billion for foreign banks).

Setup steps

Typical path: (1) confirm sector is off the Negative List; (2) reserve Chinese company name with local SAMR; (3) file incorporation with SAMR (articles, legalized shareholder documents, lease, legal representative) and obtain the Unified Social Credit Code business license; (4) complete MOFCOM foreign-investment information report; (5) register with the tax bureau within 30 days; (6) carve chops, open RMB and foreign-currency bank accounts, register with SAFE for foreign-exchange.

Timeline & cost

End-to-end incorporation runs roughly 8โ€“14 weeks (about 1.5โ€“3 months) assuming overseas documents are notarized and apostilled/legalized; consulting/trading WFOEs are fastest and manufacturing WFOEs slowest. Professional service fees typically run about USD 2,500โ€“12,000 depending on entity type and city.

Restricted/prohibited sectors

Restrictions remain concentrated in media, telecoms and internet information services, satellite/broadcast facilities, social-science research, geodetic/aerial/marine surveying and select cultural sectors; free-trade-zone-specific negative lists offer narrower carve-outs in some regions.

Timeline - major decisions & events

May 20, 2025lawofficial
Private Economy Promotion Law takes effect

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) โ†—
Apr 16, 2025decisionofficial
2025 nationwide Market Access Negative List issued

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 โ†—
Nov 1, 2024lawofficial
2024 Foreign Investment Negative List takes effect

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 โ†—
Jul 1, 2024lawofficial
Revised Company Law and registered-capital regulations in effect

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 โ†—
Jan 1, 2020lawofficial
Foreign Investment Law enters into force

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) โ†—
Mar 15, 2019lawofficial
National People's Congress passes Foreign Investment Law

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 โ†—
Oct 31, 2018guidanceofficial
World Bank: China jumps to 46th, a top-10 reformer

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 โ†—
Oct 1, 2016decision
"Five-in-One" business license and Unified Social Credit Code rolled out nationwide

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 โ†—
Mar 1, 2014lawofficial
Registered-capital registration reform takes effect

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 โ†—
Jul 1, 1994law
Company Law of the PRC takes effect

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 โ†—

China - other topics

Starting a Business in other countries

Last verified 8/28/2026 ยท Orientation, not legal advice - verify against the primary sources linked above. Methodology & how to cite ยท State of Technology Regulation 2026 ยท Explore the full world map โ†’