Crowe Horwath Risk Consulting Managing Risk in World Markets – China Audit | Tax | Advisory | Risk | Performance The Unique Alternative to the Big Four ® Crowe Horwath LLP Second only to the United States in economic size, the People’s Republic of China boasts the fastest-growing global economy with rates averaging 10 percent over the last 30 years. Information from political leaders, governmental agencies, and news media creates a mix of myth and truths about a country trying to build a better future from a difficult past. If conducting business in China is a consideration for your organization, Crowe can help you evaluate the risks and develop potential actions to safely tap into this vast and fast growing market. Considering the Risks If conducting business in China is part of your organization’s plans for growth, weighing the risks should include thorough market research, inquiries with business chambers or trade associations, and making personal visits. Crowe Horwath Risk Consulting can help global organizations balance risk with reward through careful consideration of these seven areas. 1.Establishing the right legal entity. Deciding to invest in China requires the establishment of a legal entity through one of these options: ■■ Setting up a representative office, ■■ Incorporating a wholly foreign-owned enterprise (WFOE), ■■ Establishing a joint venture company, or ■■ Acquiring an existing company. Crowe can help with developing or providing clarity around your entry strategy and obtaining local support to assist you in navigating local rules and regulations. 2.Maintaining accurate and timely documentation. An enterprise in China is supervised by various governmental and regulatory bodies in different ways and is required to keep proper records and filings including: 2 ■■ Business or value added tax (VAT) filings and payments; ■■ Employee income tax and social security contribution returns and payments; ■■ Corporate income tax returns with full financial statements; ■■ Financial statement audits for submission to the Ministry of Commerce; ■■ Income tax audits for submission to the Tax Bureaus; and ■■ State Administration for Foreign Exchange audits. Crowe can help execute accurate and timely accounting, taxation, and payroll administration to help ensure documentation for renewal of business licensing, repatriate taxation, and proof of entry/exit currency. 3.Mitigating regulatory risk. Establishing a company in China requires compliance with the laws and rules and regulations of both the host country (China) and the home country (United States). U.S. laws, rules, and regulating bodies include the Sarbanes-Oxley Act (SOX), Foreign Corrupt Practice Act (FCPA), Anti-money Laundering (AML), and the Securities and Exchange Commission (SEC). Since host subsidiary records are kept in Chinese, the support of a local professional services firm can help overcome the language barrier. Crowe Horwath Risk Consulting Managing Risk in World Markets – China As independent members of Crowe Horwath International (www.crowehorwath. net), Ruihua, China member firm (www. chcncpa.com) professionals share deep local market knowledge and expertise to serve the compliance needs of both host and home country organizations. Through our highly integrated global network of member firms, we are able to provide consistent quality and impeccable service to diverse clients throughout the world. 4.Preventing fraud. Fraud is a pervasive problem across the globe, fueled by a powerful combination of factors. The risk of fraud is high when internal control is lacking and opportunity presents itself through kickbacks, ghost employees, stolen inventory, inflated expenses, and misappropriation of assets. Crowe can help with a strategy to establish adequate policies and to detect fraud in foreign operations through training, periodic monitoring, internal audits, and investigations. 5.Protecting intellectual property. Since joining the World Trade Organization (WTO), China has developed a regulatory framework to protect the intellectual property rights (IPR) of domestic and foreign patent holders as required by the WTO agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Although China’s IPR enforcement covers administrative, civil, and criminal enforcement, Crowe helps enterprises with research and development facilities establish appropriate internal policies and procedures; performs royalty and license audits; and assists in training personnel on how to protect IPR. Crowe can assist with establishing an IPR control and monitoring framework as well as performing a royalty/license audit. www.crowehorwath.com/risk 6.Preserving security and privacy. Information technology (IT) connects nearly every corner of the globe. Securing the storage of vast amounts of valuable digital data and information all over the world is an essential part of daily activities. Crowe can help with strategies to manage IT security and privacy including cyber security, identity and access management, data leakage and breach protection, operational resilience and system outage plans, and application integrity. 7.Understanding Chinese business governance. Although the practices of enterprise risk management and internal control are converging across the globe, insisting on the application of a governance framework adopted in the home country across world operations can miss opportunities for learning and absorbing good international practices. Crowe can help global organizations assess and adapt governance frameworks to fit local conditions while providing resources to assist in the management of risks, objective reviews, and internal audit of key activities. Preparing for Opportunities Global Crowe Consulting Services ■■ Corporate governance assessments and standards ■■ Internal audits ■■ Enterprise risk management ■■ Internal control and financial advisory ■■ IT consulting ■■ Fraud/bribery risk management ■■ Setting up a WFOE or representative office in China ■■ Bookkeeping and accounting ■■ Tax, payroll, and administrative outsourcing ■■ Financial due diligence ■■ Post M&A integration project management We bring together the risk expertise you need and our consultants’ experience in risk assessment, internal audit, enterprise risk management, information technology, and information security includes access to benchmarks and best practices to craft the right solution for your unique requirements. Crowe Horwath Risk Consulting, along with our member firms, is committed to building lasting relationships with clients, focusing on understanding each client’s perspective, needs, and goals. Our close ties with Ruihua, which has nearly 10,000 personnel operating out of 40 offices in China, have resulted in the placement of resources in Beijing and Shanghai offices making us uniquely qualified to deliver risk consulting services to organizations looking to enter or expand into the Asian marketplace. 3 Contact Information About Crowe Horwath Risk Consulting For more information, please contact: Crowe Horwath Risk Consulting is a global professional service firm providing a singular global delivery methodology to assist multinational businesses meet their governance, risk, and compliance needs. Crowe Horwath Risk Consulting experienced professionals have deep subject-matter expertise in risk management, internal audit, fraud and ethics, security and privacy, and regulatory compliance to keep you advised of emerging trends, industry benchmarks, and best practices. By combining in-depth industry skills with practical technologies and innovative processes, Crowe Horwath member firms can help you improve your corporate governance and manage your risk. Yangchew Ooi China Managing Director Crowe Horwath Risk Consulting +86 138.1787.2897 yangchew.ooi@crowehorwathgrc.net William C. Watts Crowe Horwath LLP Principal Crowe Horwath Risk Consulting 614.280.5227 william.watts@crowehorwath.com Crowe Horwath LLP, The Unique Alternative® Crowe Horwath LLP (www.crowehorwath.com) is one of the largest public accounting and consulting firms in the United States. Under its core purpose of “Building Value with Values,®” Crowe uses its deep industry expertise to provide audit services to public and private entities, while also helping clients reach their goals with tax, advisory, risk, and performance services. With offices coast to coast and 2,600 personnel, Crowe is recognized by many organizations as one of the country’s best places to work. Crowe serves clients worldwide as an independent member of Crowe Horwath International, one of the largest global accounting networks in the world, consisting of more than 150 independent accounting and advisory services firms in more than 100 countries around the world. Ruihua Certified Public Accountants Ruihua Certified Public Accountants (“Ruihua”) is one of the largest accounting firms in China. Ruihua is the sole China member of Crowe Horwath International providing a comprehensive and cohesive range of audit, tax, advisory, risk, and performance professional services to valued local and international clients in China. www.crowehorwath.com/risk When printed by Crowe Horwath LLP, this piece is printed on Mohawk Color Copy Premium, which is manufactured entirely with Green-e certified wind-generated electricity. ® The Mohawk Windpower logo is a registered trademark of Mohawk Fine Papers Inc. Green-e is a registered trademark of Center for Resource Solutions. Crowe Horwath LLP is an independent member of Crowe Horwath International, a Swiss verein. Each member firm of Crowe Horwath International is a separate and independent legal entity. 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