On The Legal System Of The Off-shore Company

Off-shore Company is a kind of company which is invested by foreign capital and does not do business in the off-shore area, it is established by investor according to off-shore company law in the off-shore area. Due to its advantages that the other kind of companies does not have, off-shore Company is becoming the first choice by many investors all over the world. Nowadays, off-shore Company influenced China to a great extent, but its importance is still not recognized enough in China. The author hopes that the fruit of the article, which is gained after deep research in this field, can be a good reference both on theory and in practice. The article is divided into four Chapters:Chapter One, the author introduces the general knowledge of off-shore company, including the general definition and legal characteristic of off-shore company. The comparative and analysis method is used when introducing the definition of off-shore company, the author compares the different understandings on off-shore company of the experts in this field, and then expressed her own idea on the subject. Following this, the author analyzes that the off-shore company deviates from the traditional company law, and also points out the different characteristics of off-shore company. At the end of this chapter, the author discusses the fields which off-shore company exercises in practice.Chapter Two, the author starts with the establishment and function of off-shore company, analyzes the legal problems in the operation of off-shore company. It concludes that the existence of off-shore company has its rationality, that is, the off-shore company has many advantages, however, it still causes lots of social problems, such as money laundering crime, and the crime on evading the taxation.Chapter Three, according to the result of deep research on the rule of the international organization, the law of different countries and the law and regulation of the off-shore field on off-shore company, the author discusses the influence of the "disregard of corporation" theory to off-shore company.Chapter Four, after the entire analysis on the off-shore company, the author discusses the topic in the practice of China. The author introduced the development status of off-shore company in China with related data, concluded the characteristic of off-shore company in China and the related legal problem arises. After the analysis on the off-shore fund law and the foreign investment law of China, it is clear that China can not regulated off-shore company effectively until now. Therefore, the author puts forward her own legislation suggestion on off-shore company at the end of the article.