Cambodia Tax Regulation Update-June 2020
The Ministry of Economy and Finance (MEF) promulgated Prakas No. 525 on June 19, 2020, which aims to reduce the withholding of withholding when the Cambodian banks and microfinance institutions ("MFI") pay domestic and overseas interest payments Tax ("WHT
2021
19
Aug
How to set up a subsidiary with a Chinese company in Cambodia
2021-08-19

This service account insists on originality. The author is Zhang Xiaoming, partner of Zhuozhi (Cambodia) Accounting Firm, three years of multinational enterprise management experience, six years of listing audit experience, five years of entrepreneurial experience, Chinese certified public accountant (CPA), international certified public accountant (ACCA) ). Customer Service WeChat: exe5555, 0974589151

If you have an existing company in China or other countries, how can you use your existing company to establish a subsidiary or branch in Cambodia?

Here we must first clarify two important concepts: subsidiary and branch. A subsidiary company uses an existing company as a shareholder to establish an independent company with legal personality in Cambodia. However, the branch or branch is more special. The details are as follows:

According to regulations, a foreign company is a foreign legal person, and its branches established in Cambodia do not have the status of a legal person. Legally established branches of foreign companies have the following legal characteristics:

(1) The branch of a foreign company is a component of the foreign company to which it belongs, and is a dispatched office established by a foreign legal person in Cambodia. It is not a subsidiary legal person that is separately registered and incorporated by a foreign company in Cambodia in accordance with Cambodian laws;

(2) The branch of a foreign company does not have an internal organization of an independent corporate legal person. Generally, the head office appoints a representative or agent as the responsible person, and does not implement an independent shareholder meeting, board of directors, and supervisory board system. In practice, the branch does not have business Ministry of Statutes;

(3) The name of a branch of a foreign company does not use an independent name that is different from its head office, that is, a branch is generally added to the name of a foreign company, that is, Branch;

(4) Branches of foreign companies do not independently bear civil liabilities, but enjoy rights and assume obligations in the name of the foreign company. Its civil liability should also be borne by the foreign company to which it belongs. In practice, when a branch of a foreign company engages in business activities in Cambodia and generates debts, it is generally the branch that pays off the debt first, and when the branch is unable to pay off, the foreign company to which it belongs will pay off. The foreign company to which it belongs can also be paid directly.

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To give an example: a branch office is like a son who has no independent family. He takes care of things first, and I can't bear Lao Tzu to come forward. The subsidiary company is like an adult son who has been independent, and assumes all legal responsibilities.

Each investor chooses to establish a subsidiary or branch according to his own needs. The registration process is basically the same as that of an ordinary company. For details, please refer to the previous article. In addition to the registration information of the ordinary company, the following information must be provided: business license in Chinese and English Version, domestic notarized bilingual version; Chinese and English version of the company’s articles of association, notarized bilingual version; English version of the company’s power of attorney

It can be seen from the above that the information and procedures required to establish a subsidiary or branch are more complicated, and the registration time will be longer. If you encounter any problems in setting up a company, please communicate with us.