Selling Your WFOE When Exiting China: Good Luck With That
Selling a stripped down (off the shelf) WFOE seldom works. Sorry.
Selling a stripped down (off the shelf) WFOE seldom works. Sorry.
There are those who believe China's ongoing Party Congress will bode well for companies that do business in or with China. I am firmly convinced that the opposite is true and that it will used as yet another opportunity by China to show that it will not be cowered by the declining relations and sanctions/counter-sanctions between the United States / EU / Australia / Japan on the one hand, and China on the other. I see China using this Congress to let the world (domestic and external) know that it fully intends to fight back and fight back hard. In other words, this Party Congress will lead to China's decoupling from much of the world accelerating, not slowing down.
I am more convinced than ever that the CCP does NOT want to ameliorate COVID's impact on China because doing so would diminish its incredible power and control over its people. And I'm also more convinced than ever that COVID in China -- more accurately, the CCP's handling of COVID -- will negatively impact foreign companies there for a long, long time.
Recently, I was fortunate to attend a World Trade Center Utah event attended by Minister Jing Quan, the number three-ranking Chinese diplomat in the U.S. This was the first visit by a high-ranking Chinese official since the imposition of the “Trump tariffs”, after which a massive delegation of Chinese officials descended on Salt Lake City
More than ever, the imperative to register your trademarks in China is clear. By taking action today, you could be holding a China registration certificate for your trademark before next summer. But if you don't take action, you may be ringing in 2023 by preparing an opposition to someone else's application. Stop that application from being filed, by filing yours first!
At least once a day, someone — usually a client — asks me if President Xi will hold onto power. And every day, I give a much shorter version of the following half-serious, half-facetious answer: He will hold onto power, but for how long I don’t know. It’s like the stock market. I can right
U.S. and European companies that manufacture in China are typically concerned about their Chinese factory or some local competitor stealing their design yet are far too relaxed about protecting their trademarks.
Even in the best of times, employee terminations in China are fraught with risk. A mishandled China employee termination (or even just the discussions surrounding the termination) can quickly cause problems. China's declining economy has weakened its job market and made both employees and the government more likely to fight back against any little termination mistake.
Even though China private equity (PE) activity has cooled down (see here and here), our law firm has even this year been involved in many U.S. PE transactions involving China entities, employees, and assets. These deals are typically conducted at the U.S. entity level between two private equity groups, with the seller in each instance
China trademark oppositions work. What's more, they are relatively speedy and streamlined, with reasonable costs.