Rebirth 79: I opened a bank in the United States

Chapter 380 What Are Special Circumstances?
As the saying goes, you don’t know if you don’t see it, and you are shocked when you see it.
When he learned from the audience that China has not even promulgated the "Company Law" and "State-owned Land Law", Carter was in a Spartan state.I feel like I have been talking for a long time, all the fuck is talking about snakeskin.
Fortunately, this kind of thing is not a problem at all for the flexible Chinese. There is no "Company Law", right?There is the "Sino-Foreign Joint Venture Management Law" passed in 79; there is no "State-owned Land Law", so it is not easy to transfer state-owned land, right?It's okay, according to the "Sino-Foreign Joint Venture Business Law", this is called site use right investment!
According to the provisions of Article [-] of the Law: The investment of the Chinese joint venturer may include the right to use the site during the operation of the joint venture.If the right to use the site is not included as part of the Chinese joint venturer's investment, the joint venture shall pay the Chinese government the use fee.

Lo and behold, the land becomes a field!The problem was solved immediately, and the comrades in the Land Bureau also showed smiles on their faces.
There is another sentence following Article [-]: the above-mentioned investments should be stipulated in the contract and articles of association of the joint venture, and the price (except for the site) shall be discussed and agreed by the parties to the joint venture.

As soon as this sentence came out, the representative of the city hotel company suddenly showed a ray of surprise on his face.What does this mean?It's the land, no, the price of the site is up to you to decide!

Ever since, the smiles on the faces of comrades in the Land Bureau disappeared instantly under the craziness of the representatives of the municipal hotel company.This is a hot potato!

The law stipulates that the right to determine the valuation of the site value is not in the hands of foreign capital, which is correct!But, the price you quoted must be accepted by others, right? !

Look left at the supervisor-like leader sent by the city committee; look right at the hotel company representative who is winking frantically, signaling that he is waiting for someone to increase the valuation of the right to use the site.
Comrades from the Land Bureau, who were in a dilemma, bit the bullet and said tentatively:

"Mr. Black, we have some doubts about the valuation of the right to use the site. I don't know what basis you used to estimate the right to use the site? We think this price is unreasonable!"

"How unreasonable? I made an estimate based on the previously purchased shops and residential courtyards, based on their land area."

The other party can see this article, and Carter can naturally see it too.However, compared with the legal provisions on the valuation of the right to use the site, Carter is more worried about Article [-] of the law.
"The Chinese government protects the investment, profits and other legitimate rights and interests of foreign joint ventures in joint ventures in accordance with the agreements, contracts, and articles of association approved by the Chinese government. All activities of joint ventures shall abide by the laws and regulations of the People's Republic of China. .”

There is nothing wrong with the first half of the second article. On the contrary, what it says is to protect the legal income of foreign investors and improve foreign investment confidence.For Carter, this is good news.

On behalf of the Chinese government, it has protected its legal income at the legislative level and made its investment more secure.But in the second half, the taste changed a bit:

"The state does not implement nationalization or expropriation of joint ventures; under special circumstances, according to the needs of social and public interests, joint ventures may be expropriated in accordance with legal procedures and corresponding compensations shall be given."

Why is it specifically emphasized that joint ventures will not be nationalized?Also, what is the need for social public interest?What kind of legal procedures to follow?What is corresponding compensation? !

To be honest, this passage made Carter a little creepy.The second uncle who killed the pig once said "it is easy to make money, but difficult to keep it", echoing in my ears, buzzing.
At this time, Carter was not in the mood to care about the pricing of the right to use the site.So what if it's an overestimate?As long as the assets are not embezzled, Carter has no objection to giving the hotel company more shares.Just pay the protection fee. In the past, there were always people who said that the biggest thing was that. Cough cough cough
Make money, it's not shabby!
A place has its own rules, and different places have different ways of playing!Carter understood this truth.

"That's wrong, Mr. Black! You have to know that we don't actually have commercial housing for sale now. Whether it's a house or a shop you bought before, it belongs to the transfer of collective property rights according to the regulations. For example, the three large courtyards you once bought, It is not owned by you personally, but it is transferred from the original residential area for the employees of the state-owned No. [-], [-], and [-] factories to your newly established office of the foreign bank according to the plan, and it belongs to the residential area for the employees of the office."

"This is not a sale, but a plan adjustment!"

Good guy, is there such an operation? !
Carter turned his head to look at Han Xue, and when he saw the latter nodded slightly, he was speechless for a while.

"So, normally speaking, the current site use right cannot be measured by the market value in our country. Our land bureau evaluation should be based on its use value and future value! Refer to the proposed store provided by Secretary Han. This is what our Land Bureau means.”

"Xuanwu store, Chaoyang store, Ping'anli store, Chongwen store, Dongzhi store, Gulou street store, etc., these stores are located in the core area of ​​our urban area, with dense crowds. It can be said that every inch of land is precious, and more Not to mention the Nanchangjie store and Donghua store, which are close to the walls of the Forbidden City. The price of these stores is 20 yuan per flat, which is obviously too low!"

"What do you mean?"

Carter, who was not thinking about the valuation of the right to use the site at all, asked when he heard the news.Indeed, in these lots, 20 per square meter.
Carter felt a little ashamed for taking it himself.
Put these positions at 30, no, 20 years later, they will all exist with a price but no market!

"Our opinion is that Xuanwu store and other stores on the outer ring line of the urban area are priced at 40 yuan per square meter, and Nanchang Street store, Donghua store and other stores near the inner ring line are priced at 60 yuan per square meter. Ping. I don't know what you think, Mr. Black"

"It's too high! It's too high! Even if you're bargaining, there's no one like you who doubles and rolls up!"

Seeing Carter shaking his head, everyone in the Land Bureau thumped in their hearts.The regulations are true, but it’s rare for a foreign businessman to come in. If they don’t agree with the valuation, the business will not be done at all, and they will pat their ass and leave, then their task of earning foreign exchange will not be completed!

Just when everyone in the Land Bureau was feeling uneasy, looking left and right, thinking about whether to lower the price, only Carter said again:

"However, this price is actually secondary. I am concerned about this issue now. Can anyone explain to me the second French article, what is meant by 'Under special circumstances, the state has the right to nationalize joint ventures' What kind of special situation is this special situation? What is the procedure for expropriation, and what is the corresponding compensation standard?"

"I understand your anxiety about carrying out market-oriented economic reforms for the first time, but this sentence in French makes us foreign businessmen very confused! Before talking about other matters, I hope to get a reasonable explanation for this one! And, Our current verbal agreement needs to be written into the terms of the contract, so that both parties are bound!"

(End of this chapter)