The Identity Of Foreign Investor

With the trend of economic globalization,international investment and the open of capital account,foreign company’s business activities, organizational forms and shareholder composition exhibit diverse and complex,the nationality of foreign companies become “fuzzy”.The identity of foreign investor is a controversial issue, the international community has not formed a unified standard.All along,China adopts the standard of registration,and in January 19,2015 the Ministry of Commerce issued,“Foreign Investment Law(draft)”,presented actual control standard.It provided an opportunity of the improvement of foreign investor identification system. Indeed, with the transformation of investments and foreign investment management model, the original identification standard has no longer meet the current reality, need to re-adjust the standard in order to promote investment and safeguard our national interests.This paper is composed of five parties except the preface and the conclusion parts:Part One describes the current situation of the identity of foreign investors. Secondly, the paper analyzes the standard and its practical difficulties of the identity of foreign investor under the current system of foreign investment regulatory.Part Two analyzes the standard of identity of foreign investors, the development context,the theoretical basis,advantages and disadvantages,different countries’ situation, thus providing theoretical basis for this article.Part Three explores the factors of the establishment of the standard of identity of foreign investor.First, the paper analyzes the regulatory environment for foreign investment.Secondly,the paper discusses three elements of the identify of foreign investors : the investor, th capital and the investment behavior.Part Four is mainly about the legislative trend of actual control standard,analyzing the introduction of practical control standard,defining control standard.Part Five is mainly about the special issues of the identity of foreign investor,including the problem of domestic investment VIE,the nationality of the company with the Chinese shareholders changed his nationality and the convergence of related systems of the identity of foreign investors.