china law blog

The Canton Fair: Find Out What’s Happening with Your IP

Old pirates, yes, they rob I Sold I to the merchant ships — Bob Marley’s Redemption Song 1. The Canton Fair The 125th Canton Fair will kick off on April 15th. For those unfamiliar with this event (formally known as the China Import and Export Fair), it is China’s largest trade show, held biannually in

International company formation lawyers

Should a Special Purpose Vehicle Own Your China Subsidiary?

1. Who Should Own Your China Subsidiary? One of the first tasks in forming a subsidiary company in China (often referred to as a WFOE or Wholly Foreign Owned Entity) is to determine what entity will be the shareholder of the subsidiary company. It is possible for an individual or individuals to own a China

Five Keys to a International Trade Secret Protection

Drafting China Contracts That Work

China Enforces Good Contracts Contrary to popular belief, China’s legal system offers robust mechanisms for contract enforcement, outperforming not only common perceptions, but also the judicial systems of the United States, Canada, and the United Kingdom in efficiency. At least this is what the World Bank said in its last (2020) report ranking countries on

China form and Template Contract

China Contract Templates and Getting your China Counterparty Right

One of the most important things our China attorneys do with every contract we write is to determine who exactly is on the other side. This is often no small feat. When the process goes smoothly, our client instructs us to draft a contract with XYZ Mainland Chinese Company. Our role then involves thoroughly researching

China lawyers

Getting Money Out of China: NOT This Way

Every month or so, someone calls one of our China lawyers wanting to discuss “working with you to help your clients get money out of China.” These are nearly always phone calls (not emails) and we typically do not take the calls. We’ve been doing this long enough (and discussing this long enough with ultra-high

How to form a china wfoe

How to Form a China WFOE: A Roadmap

My law firm’s China company formation lawyers are often asked about the steps it takes to form a China WFOE. So often, in fact, that we long along drafted a stock response to that question. Figuring this response would be helpful to our faithful readers, I am running it below. Please note that the below

China employment lawyers

China Employee Social Insurance Laws

It is not news that Chinese labor authorities have been cracking down on employers that fail to make social insurance payments for their employees. What is news is that Chinese labor authorities are taking that enforcement to the next level. Last week, 28 government departments (including the National Development and Reform Commission, the People’s Bank

China Sexual Harassment MeToo

China Sexual Harassment Protections

On September 5, 2018, the PRC National People’s Congress issued a new draft of Several Sections of the PRC Civil Code (the “Draft”) for public comments until early November. The Draft would provide heightened protection against sexual harassment on a national level and would also impose more obligations on China employers. Below are a few highlights

china law blog

How China Drove Out Mister Softee: This is China

China Law Professor Donald Clarke sent me a great article this week from New York Magazine, entitled, How China Drove Out Mister Softee. Professor Clarke’s email with the link said the following: Thought you might like this. Interestingly, it is NOT a story of “guy skirts rules, naively trusts Chinese partner, gets screwed.” It’s “guy does

China employment lawyer

China Employee Warning Signs

My law firm’s China employment lawyers have done a ton of employer audits this year and from those we compiled the following list of the most common “warning signs” of impending employment problems. 1. All or some of your employment documents are in English only If your employment documents are in English, you are giving

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