In 2016, in Getting Money Out of China: The Long Version, we wrote how Western companies were contacting our China lawyers to get money out of China to get paid on all sorts of deals. On our China Law Blog Facebook Page, we linked over to the original post and described it as “In which we
The real economic threat posed by the US-China trade war is not tariffs. The real threat has always been the U.S. government prohibiting product sales to China and product purchases from China and focus on the tariff issue misses this. As we wrote in Who Pays the Tariffs on China Imports? there are various things companies
1. Selling a China WFOE In the last year or so, our China lawyers have been seeing a steady increase in emails from people inquiring about selling their China WFOEs. I have gotten three or four of these in the last month alone, including the following one this week, which is fairly typical: I have
Contents of this Article Implications and Practicalities of China's E-Commerce Law China E-Commerce Definitions China E-Commerce Operators Impacts on Foreign Businesses Basic Aspects of the E-Commerce Law What Constitutes E-Commerce Activities Under Chinese Law? Are Foreign Businesses Subject to China's New E-Commerce Law? Impacts on Foreign Brands Selling to China's Consumers via Cross-Border E-Commerce Implications
1. Typical Boilerplate Provisions The Western world -- particularly the Anglo-Saxon/common law world -- is used to ultra-long contracts for everything. A contract to buy $6,000 worth of rubber duckies will include all sorts of boilerplate provisions, such as one making clear that buying rubber duckies does not make the buyer and seller parties a
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
In the past few months, our China lawyers have been seeing something new and troubling with China licensing agreements. Before I explain, let me step back and give a bit of history. This post is important so please stay with me. In a typical China licensing deal the foreign licensor grants the Chinese licensee the
It is nearly always a good idea to have your Chinese counter-party "chop" or "seal" your China contracts with their official China company chop. There are many types of company chops. Which one should be used? How do you know if the company chop is real? What does a real China company chop look like?
Hardly a day goes by without one of our China employment lawyers getting an email from a China expat seeking legal help involving an ex-employer. Many times they will briefly describe their situation and conclude their email with something like, "do I have a case?" Our employment attorneys nearly always respond with something like the
Forming a WFOE in China and then operating that business in China is difficult and expensive. See e.g., Forming a China WFOE: Ten Things To Consider and See also Doing Business in China Without a WFOE: Will the Defendant Please Rise on why having a WFOE is a must if you will be doing business
