china law blog

Hiring China Employees Before Your WFOE Is Registered

Companies often come to our China WFOE lawyers wanting a Wholly Foreign Owned Entity (WFOE) formed “right away” so they can “immediately” bring on a China-based employee or employees. No matter what anyone tells you, it is the rare WFOE that can be formed in less than three months, and three months is possible only

Getting money out of China lawyers

China’s $50,000 Yearly Funds Transfer Limit

Clients often ask our China lawyers whether their buyers in China are telling the truth when they claim not to be able to pay them more than $50,000 in one year. The answer is both yes and no. China controls inbound and outbound foreign exchange flows. If a Chinese citizen or company needs to make

China Hostage lawyers

How to Reduce Your Chances of Getting Kidnapped in China

American businessperson held in China for his company’s unpaid debt Yet another story of an American businessperson held in China for his company’s unpaid debt. Hate to say we told you so, but we told you so. This latest debt-hostage story was brought to my attention by Jeremiah Jenne. Jeremiah asked me about it by

International due diligence checklist

What you Need to Know to Sell Your Product into China

ABC News just did a video news story. on American Products Selling in China. Though it is the proverbial three minute puff piece, it is right in pointing out the huge opportunities to sell American products in China. It starts out noting how “the Chinese spent $104 billion in U.S. exports last year — up

China lawyer client loyalty

Your China Lawyer’s Primary Allegiance is to the Communist Party, NOT You

Your China Lawyer’s Primary Allegiance is Not to You Imagine a scenario where a company involved in a business dispute in China, finds their case entangled in political complexities. This isn’t just a hypothetical situation. A few years ago, a prominent European client of ours faced a legal battle [yes, I am being intentionally vague

China NNN Agreements

China NNN Agreements: Watching the Sausage Get Made.

Of all the mistakes we see foreign companies make with China, the most common (and often the most damaging) has to be using an off the shelf NDA Agreement when dealing with China. Perhaps more than any other agreement, it is critical you use a China-specific NNN Agreement to protect your confidential information from China. 

Bad China WFOE

Badly Formed China WFOEs are Dangerous

Every few months we get an email from someone requesting our China business lawyers prevent the Chinese government from shutting down their business. Something is definitely afoot in China right now as we received three such emails just this week. The following is a composite of these three emails: We set up a WFOE and

China trademark lawyer

The China Trademarks You Need

In 1995, a Chinese company registered the name Ai Ma Shi, which is what Chinese call Hermès. Hermes has for a long time sought to take away the Chinese company’s trademark registration of Ai Ma Shi and secure it for itself. Chinese courts have consistently ruled against Hermès and a Chinese court did so again

China visas

How to Change Your China Employer AND Keep Your China Work Permit

Switching Employers in China and Keeping Your Work Permit China’s faltering economy has led to job losses for Chinese citizens and foreigners alike and my law firm has been seeing an increasing volume of emails from foreign employees seeking legal assistance regarding their China work permits. Navigating employer switches in China requires preparation and —

Shutting down your China WFOE

How to Shut Down Your China Business

Every few months our China lawyers get a call from someone wanting to shut down their China WFOE (Wholly Owned Foreign Entity). These calls usually come from companies that have been in China for a long time (average time, maybe ten years). Their reasons for seeking to leave China are all over the map, but