Companies often contact our China lawyers on “how to get money out of China”. These questions usually arise from a Chinese entity purchasing assets like real estate or stock and other securities and then failing to perform on its deal payment obligations. The Chinese side claims it wants to pay, but the Chinese government will
My law firm writes more China NNN Agreements than any other contract. We have been drafting 5-15 of these a month for more than 15 years. These are basic and important agreements no matter what your industry. We write China NNN Agreements to protect against disclosure, competition, and circumvention. For more on what goes into
Not a week goes by without one of the China attorneys at my firm getting an email or a phone call from someone (usually an American or a European) wanting us to help them complete a house sale to a Chinese citizen or with some plan for selling houses to Chinese citizens. They want to
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
Foreign companies doing business in China must onboard their employee hires correctly. Unfortunately, there are many myths that make doing this less likely. This post briefly explains four common and potentially dangerous China hiring myths. 1. Hiring Without a Chinese Legal Entity (WFOE or Joint Venture) is Fine if You Bring on Only Independent Contractors.
Dual Language China Contracts: What You Must Know I cannot believe this is still happening, but it is. The “this” to which I am referring is foreign companies signing dual language contracts without knowing exactly what the Chinese language portion of their contract says. This is dangerous for the reasons given below. The Pitfalls of Dual
Chinese manufacturers are notorious for making and sending bad products. Not surprisingly, foreign buyers of these bad products often refuse to pay their Chinese factory anything more for those products. This unpaid amount is often substantial. The foreign buyer then moves on to a new factory. This new factory is often located in the same
If you are an expat working or seeking a job in China, your China employment contract matters. If you plan to travel to China to take a new job there (or even just take a new job there) you should do all of the following Have your proposed employment contract checked by a China employment
Not a month goes by without a company telling me how great their relationship is with their Chinese counterparty, be it the Chinese company with which they are contemplating a joint venture or the Chinese company that manufactures their widgets. As a lawyer, my thoughts when hearing this sort of thing tends to be as
The basic rule for foreign companies hiring an employee in China is that you cannot do so unless and until you have a Chinese legal entity (e.g., a WFOE), and violating this rule can (and nearly always does) cause problems. See Doing Business in China with Deportation or Worse Hanging Over Your Head. What though
