At the end of each calendar year, many nonprofit organizations, including nonprofits in China, start to appear more frequently on everyone’s radar. Recently I counseled a nonprofit organization that wanted to set up China operations in some way. Technically they are a U.S. not-for-profit (501(c)(6)) organization, rather than a 501(c)(3) charitable nonprofit, but I use
China WFOE Closures Are Increasing China WFOE closures/shutdowns are rising due to China's economic slowdown, its deteriorating relations with the rest of the world, and the difficulty and risks of sending people to China. There is an old saying about how lawyers do well in good times and in bad times, just not in times
How to control your China operations while avoiding China government control is critical and companies looking to do business in China need to decide what the China market means to them and what they are willing to risk. Companies looking to do business in China should decide what the China market means to them and what they are willing to risk. There is no way to entirely avoid China regulatory risk, but depending on your product or service and your company’s and owner’s risk appetites, there is always a way forward. The question of how to control your China operations is just one of many questions to ask.
Doing business in or with Taiwan is likelier to get tougher for those who also do business in or with China. As China ramps up its attempts to pressure and intimidate Taiwan, we expect it to expand the scope of what is unacceptable cooperation with Taiwan's government. If political donations to Taiwan's governing party are verboten, why not paying taxes? Or establishing a company in Taiwan? Or selling equipment to Taiwan's military? Or even simply doing business in or with Taiwan?
In two recent posts, How To Succeed When Taking Your Company Overseas and Do I Always Need to Form a Company in a Foreign Country?, I discussed some common issues companies need to wrestle with when deciding whether and how to take their company overseas. Among those are the pitfalls of having a foreign entity
In yesterday's post (How To Succeed When Taking Your Company Overseas) I briefly mentioned one of the most common problems companies face when going international: having a foreign entity when you do not really need one (and relatedly, having the wrong type of foreign entity, which I will discuss in a future post). This mistake
Most China watchers have spent the past three months trying to decide what a Biden Presidency means for U.S.-China relations. And over the past week, some China watchers also have been watching as mainland Chinese users flocked to discussions on the Clubhouse app, seemingly without sparking concern among Great Firewall monitors. That brief window into
Lately we have seen an uptick in international M&A work – some of it from China, some of it to China, some with other China alternative countries, like India and Malaysia, and some of it within the U.S. relating to U.S. subsidiaries owned by foreign companies. This increase coincides both with the world partially thawing
Contents of this Article: Confirm Legality Create a Contract Protect Your Intellectual Property Comply With Export Control Laws Understand Employment Laws Comply With Tax Rules Lawyers love checklists, and we international business lawyers are no exception. Me, I love clients, not only because they are the lifeblood of my law firm and thus my livelihood,
Contents of this Article: How the new Foreign Investment Law will change intellectual property rights for foreign companies in China Overview of foreign direct investment (FDI) protections for intellectual property rights (IPR) in mainland China FDI Reform: the New National Statute Will Overhaul Current FDI Protections for IPR The FIL Overhaul Will Maintain and Build
