china law blog

China Plus One: Strategy or Theory

The goal of this post is to start a discussion on how and why to diversify away from China. Does a China plus one strategy make sense and if so, why? Earlier this week, I wrote an article, China Plus One: How Vietnam’s Riots Help American Businesses, the theme of which is that Vietnam --

China Contracts That Work

China Contracts That Work

The Three Fundamental Rules for China Contracts To ensure that your contracts are enforceable in China, it is important that they adhere to these three fundamental rules: Jurisdiction: Always specify a court within China for resolving legal disputes. Governing Law: Ensure that Chinese laws govern the contract. Language: Use Mandarin Chinese as the official language

OFAC Sanctions

China Trade and OFAC Sanctions

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) enforces U.S. economic and trade sanctions. OFAC sanctions generally block all U.S. individuals and entities – including in some cases U.S. companies’ foreign subsidiaries – from transacting business with comprehensively sanctioned countries, such as Cuba, Iran, North Korea, Russia, and Syria, or sanctioned

Selling software to China

Selling Your Software to China: Check Legality FIRST

A technology company contacted one of our China lawyers months after having started selling its software into China. This company came to us seeking help in deciding whether to continue selling its software from the United States or to form a China WFOE and start selling through that entity. The first thing we told this

China versus Russia for business

Why China is Better Than Russia for International Business

My friend Kent Kedl co-wrote an article for the Moscow Times today, entitled, Why Russia Is Just as Good as China, claiming  businesses should be just as interested in Russia as they are in China and that corruption in Russia is no better or worse than corruption in China: For some reason, investors find Russian corruption

China bank fraud

China Employer/Employee Taxes

To describe employer and employee taxes in China as complicated is an understatement. My law firm usually advices our clients to secure bookkeeping/accounting assistance for this and we do not get much involved with calculating these figures. However, a client of ours for whom we are handling a number of China employment law matters requested

China employment lawyers

China Rep Office Hiring Rules

Just updated our research regarding China Representative Office rules relating to employees and note the following. Q.  How many foreigners can work for the Rep Office? What is the proper term for referring to these employees? A.  A Rep Office may hire no more than four foreign persons, each of whom is called a representative.

China WFOE Documents required

Forming a China WFOE: Watching the Sausage Get Made

One of the most frustrating things about doing business in China is the paper work. I was cc'ed on an email the other day from one of our China company formation lawyers to one of our clients. The client had signed the documents required for a WFOE by ink that looked like the required ink,

Are you operating legally in China

Independent Contractors in China

Our China company formation lawyers spoke with a software company the other day with fifteen "independent contractors" in China they view as "part of the corporate family." This company was looking to form a WFOE in China, but they said they were in no rush. The first thing we did was tell them that what

China movie business

Media Piracy and the End of Chinese Cultural Exceptionalism

A reader sent me a link to a report on Media Piracy in Emerging Economies. The report, put out by the American Assembly at Columbia University, "is the first independent, large-scale study of music, film and software piracy in emerging economies, with a focus on Brazil, India, Russia, South Africa, Mexico and Bolivia." It is

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