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 —

Three Steps to Forming a China WFOE

How to Form a Company (WFOE) in China

Though we often talk generally about what it takes to form a company in China, a loyal reader recently wrote to point out that we have never set out the basic steps one must take to do so. The following sets out the basic steps foreigners usually must take to form a Wholly Foreign Owned

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

International due diligence checklist

Your China Law Checklist

Clients, potential clients and the press are always asking our China lawyers what foreign companies that do business in China need to know to stay out of legal trouble. Next time I get such a question, I will refer them to the list below as it sets out the most common legal issues foreign companies

China law issues for business speech

China Legal Issues for Business: The Ten Minute Version

I spoke yesterday at the 2010 U.S. China Business Conference in Atlanta. I was tasked with talking about the legal issues American businesses face in China and the legal issues Chinese businesses face in the United States. I was given ten minutes. The below is my speech: I am going to be talking about the

china law blog

China Representative Offices: Getting Started

I am always saying that for every 100 China WFOEs and Joint Ventures my law firm helps set up in China, it does one representative office. Why so few, when it is generally agreed that representative offices are the easiest type of offices for foreign firms to set up in China? Because the inherent limitations

international compliance lawyers

China Guanxi: You Ain’t Got It

David Wolf at The Silicon Hutong blog just came out with a superb post riffing on the meaning of guanxi. The post A Few Notes on Guanxi more accurately and concisely defines guanxi than anything I’ve seen. It is so good and so important, I feel I have no choice but to post it wholesale

China Employment Contracts and Double Wage Claims

Ten Key Things You Should Know About China Employment Contracts

This morning, I received a cc of an email one of our China employments lawyers sent to a software client of ours for whom we just started working on their China employment law issues after having registered their WFOE. The email explains the various employment documents we prepared for them, but it serves as a