China CFIUS

CFIUS Shuts Down Chinese Investment in U.S. Technology

1. Chinese Investment in U.S. Businesses is Down 95% Mergermarket, just published its global M&A report for 2018, revealing that investments from China in U.S. businesses fell by 95% as compared to 2016. A summary of the data in the Report shows the following: 1. Worldwide M&A activity was strong in 2018. “The transactions that

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

Doing business in Thailand

Manufacturing Outside China: It’s Thailand’s Time

With all that has been happening with China lately on trade, Thailand is emerging as a very attractive investment destination. Thailand has consistent and well-defined investment policies, increasing regional connections, and a government committed to improving its transportation infrastructure. It also (for the most part) has had long-term political and economic stability. Thailand is emerging

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 licensing lawyers

Selling, Licensing and Distributing Products and Services into China

I have been writing too much about foreign companies looking to leave China and not enough about foreign companies looking to get into China. For the last few months, the work lives of the international lawyers at my law firm have been tilted towards those looking to leave China, rather than to get into China,

关闭中国独资企业

中国、美国和新常态

昨天,我收到一封愤怒的电子邮件,针对我预测中国制造业订单下降一事。邮件指责我 "憎恨中国",想要 "阻碍中国的和平 "崛起,"嫉妒中国的进步"。这一切都是因为我们最近一直在写我们律师事务所有多少客户

China Repres

Forming a China Subsidiary: Needed or Not

If I were to list the ten biggest/most common mistakes my law firm’s China lawyers see, not forming a China subsidiary when necessary and forming a China subsidiary when not unnecessary would both be on that list. We write constantly about the risks of doing business in China without a subisidiary. See Doing Business in

China WFOE formation

Doing Business in China Without a WFOE: Will the Defendant Please Rise

I do mean to sound alarmist here. Almost since this blog’s inception, we have written about how if you are doing business in China you need a Chinese legal entity, be it a Wholly Foreign Owned Entity (WFOE), a Joint Venture (JV) or a Representative Office (RO). And pretty much each time, our writings on

China WFOE formation and business scope

Forming a China WFOE: Scope is Key

When it comes to company formations, China is from Mars and the Western world is from Venus. For most things related to doing business in China, I often stress the similarities. But when it comes to forming a China Wholly Foreign Owned Enterprises (WFOE) I make it a point to stress the differences. I do

China WFOE Rules

China WFOE Registered Capital Rules

We hear so many half-truths and misconceptions about registered capital that it’s hard to keep track of them all, let alone dispel them. Not for lack of trying, though: see e.g. China Company Law Myths: Registered Capital and Personal Liability and China WFOE Minimum Capital Requirements: The Goldilocks Rule. Without further ado, following please find