China Risks

The Top 14 China Wild Cards

The below is a list of China wild cards, at least for today. Note that when a deck holds a wild card, the impact of the wild card is something that can be predicted. The wild card changes the rules, but the players all know the wild card will eventually be coming and they can

china law blog

Foreign Direct Investment (FDI) from China: Where Have All the Dollars Gone?

Incoming China FDI. Gone with the Wind. If you are waiting for your Chinese investor to get your company promised investment funds any time soon, you are probably in for a long slog. Most companies, both private and public, do not care who provides their investment capital (as long as the investors are content being

Huawei Sales Ban

The Huawei Sales Ban

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

中国 美国关系

美中贸易战:冬天来了

1.中国违背了开放经济的承诺 我在中国的前排坐了十多年。我的律师事务所在2006年1月开始写这个博客,而在那之前,我们早就在中国和亚洲其他地区代表外国公司。当我们开始这个博客时,我们是

China's new foreign investment law

China’s New Foreign Investment Law Benefits: Like Putting Lipstick on a Pig

Image by Ixocactus In a series of recent posts, we discussed how the media and many commentators have wrongly ascribed great things to the new PRC Foreign Investment Law. See New China Foreign Investment Law: Not Good News, China’s New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was and China Approves New

China's new foreign investment law

China’s Foreign Investment Law: Not Good News

In China’s New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was and in China Approves New Foreign Investment Law to Level Playing Field for Foreign Companies. MEH, we wrote how we were not impressed with China’s new Foreign Investment Law 中华人民共和国外商投资法. Since then, a number of commentators (who near as I can

For Sale Sign

Selling Your China WFOE: Yeah, That’s the Ticket

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

制造业律师

中美贸易战,赢家是....MEXICO

当我还是一个十岁左右的小男孩,在美国中部小镇长大时,我最好的朋友之一皮特-柯林斯(a/k/a/The Big Man),不知怎么搞到了一些在我镇上举行的职业摔跤比赛的门票。因此,我们去了一个令人厌恶的拼凑起来的场馆参加活动--并且

china skyline

China’s New Foreign Investment Law and Forced Technology Transfer: Same As it Ever Was

1. China’s New Foreign Investment Law Under U.S. pressure, China recently adopted a new Foreign Investment Law 中华人民共和国外商投资法 (“FIL”) that had been under discussion for several years. Many believe this law will lead to foreign invested enterprises being treated the same as domestic Chinese private businesses. Unfortunately (and not surprisingly), the existing system that limits

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