Key Takeaways:
- China’s Foreign Investment Law simplifies setup via a "filing" system for most sectors, replacing the older dual-track approvals — except for industries on the Negative List.
- PIPL enforcement now requires businesses collecting user data to conduct risk assessments and, in many cases, localize data or seek approval for cross-border transfers.
- Building local partnerships — with AMR officers, banks, and bilingual counsel — helps reduce setup delays and is a strategy used by global brands like Skechers and Starbucks.
With a population of over 1.4 billion in 2025, as reported by the World Bank, China represents one of the world’s largest and most promising markets for international businesses.
However, entering this market isn’t straightforward.
The market can be complex, and foreign companies must navigate a series of steps, from establishing a legal presence to staying compliant with ongoing regulatory changes.
Agencies like KOPI, experienced in guiding businesses through global market entry, know just how important it is to understand and adapt to local regulations.
Here’s a practical guide to the key steps involved in establishing operations in China and managing the latest regulatory shifts.
Editor's Note: This is a sponsored article created in partnership with KOPI.
Step 1: Choose the Right Business Structure
Foreign companies entering China have three business structures to choose from:
- Wholly Foreign-Owned Enterprise (WFOE): Full foreign ownership and control, ideal for independent operations in China.
- Joint Venture (JV): Shared ownership with a local partner, often required in regulated sectors.
- Representative Office (RO): A simpler structure for non-profit activities like market research and liaison, but without revenue generation.
China’s 2020 Foreign Investment Law replaced the old dual-track approval system, simplifying the process for most sectors.
Most industries now fall under a "filing" system, except for those on the "Negative List," which still require pre-approval.
“One common mistake is defaulting to a WFOE without assessing whether your sector is subject to restrictions or informal local pressures,” said Jeremy Koh, founder of KOPI.
“We often recommend mapping regulatory risk against your five-year operational plan to choose the right structure. In some tech and education sectors, starting with a JV or localized partner can reduce setup resistance.”
Step 2: Secure Name Approval and Registered Address
Before applying for a business license in China, securing a unique business name and a physically registered address is crucial.
Even if your business is remote or service-based, a registered address is mandatory.
Some cities allow virtual offices as a temporary solution, but stricter regions may require a physical office space.
Key Steps:
- Submit a name reservation form through the local Administration for Market Regulation (AMR).
- Lease or verify an address in your chosen city.
- Clearly define your business scope, as it will impact your licensing process.
Step 3: File for Incorporation
Once the name and address are approved, you’ll submit incorporation materials to the AMR, including
- Articles of Association
- Legal representative and supervisor appointments
- Company stamps (chops)
- Initial capital declaration
Watch for:
- Some regions support partial online applications, but physical document submission is still common.
- Digital chops and e-signatures are increasingly recognized, especially in tech and service sectors.
Step 4: Complete Post-Incorporation Compliance
Receiving your business license doesn’t mean you’re ready to launch. Several critical compliance steps must be followed before operations can begin.
Key Requirements:
- Open Bank Accounts: Set up both an RMB basic account and a foreign capital account.
- Tax Registration: Register with the local tax bureau, determine your tax category, and align your invoicing system.
- Employee Compliance: If hiring local staff, enroll in China’s social insurance and housing fund systems.
- Apply for Industry-Specific Permits: This includes licenses for import/export activities, ICP filings for websites, food distribution permits, and others depending on your business scope.
Since 2022, the enforcement of the Personal Information Protection Law (PIPL) has raised the bar for how companies handle customer data.
If you're collecting personal data through apps, websites, or CRM systems — especially involving cross-border transfers — compliance is no longer optional.
Businesses must conduct data impact assessments and, in many cases, localize data storage or apply for regulatory approval before transferring data overseas.
Even brands operating in low-risk industries should review their data collection practices early. Data compliance is now a key reputational and operational risk in China.
Step 5: Build Regulatory Resilience with Local Relationships
In China, regulatory success often hinges on more than paperwork — it depends on who you know and how early you engage them.
From securing office space to navigating bureaucratic approvals, trusted local relationships are critical to avoiding costly delays and missteps.
What Works:
- Hire bilingual legal counsel or set up consultants with direct experience working with local authorities.
- Leverage industry networks and chambers of commerce for insights, introductions, and updates on policy changes.
- Build connections early — especially with landlords, Administration for Market Regulation (AMR) officers, and bank representatives. These relationships can expedite procedures and help resolve issues more quickly.
Even in cities where processes appear standardized, informal communication and relationship-building often play a decisive role in moving things forward.
Step 6: Stay Adaptable to Regulatory Changes
China’s regulatory setting evolves quickly, especially in sectors like advertising, data, education, and finance.
What’s compliant today may not be tomorrow, and staying proactive is key to avoiding penalties and protecting long-term operations.
Smart Practices:
- Subscribe to policy bulletins from the Ministry of Commerce (MOFCOM), local AMRs, and industry associations.
- Review and update your Articles of Association annually, especially if your business scope or operations change.
- Conduct quarterly compliance audits, with a focus on tax filings, labor contracts, and data handling protocols.
Designate a local compliance lead or work with advisors who monitor regulatory developments in real time — it’s far easier to adjust early than after an infraction.
“China’s regulatory environment includes both written laws and unwritten expectations. Building credibility with local institutions is essential. Relationships ensure smoother execution when policies shift or approvals stall,” said Koh.
Market Entry Through Local Insight
Agencies like KOPI that have experience supporting brands like Skechers and Starbucks in China help companies navigate the market by aligning strategy with local regulations and operations.
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Establishing a business in China is achievable.
But it demands a clear understanding of regulations, attention to administrative detail, and readiness to adapt.
For international companies, working with experienced partners can smooth out the path, minimize missteps, and ensure that strategy and compliance go hand in hand.
In a market as nuanced and fast-moving as China, doing your homework isn’t just smart. It’s essential.