Wednesday, May 29, 2019

English Speaking Chinese Attorney Lawyer From International Trade Boutique Law Firms In Shanghai Offer International Business Related Legal Assistance Services Including International Trade Dispute,China Debt Collection Legal Services In Shanghai


However, many companies find that they face many legal issue when sourcing from china .Tommy China Business Consulting partner with  International Trade Boutique  Law Firms In Ningbo China and has dealt with a large number of legal issues in international trade since its establishment.  In recent years, our international trade team has been especially active in international trade dispute settlement in china.

The rapid increase in international trade in China in recent years has created many business opportunities for foreign companies both selling to and sourcing from China. However, many companies find that the regulatory barriers facing a foreign company are the greatest disincentive from doing business in China.Tommy China Business Consulting has dealt with a large number of legal issues in international trade since its establishment.  In recent years, our international trade team has been especially active in anti-dumping, trade financing and international trade dispute settlement.

We can provide the following services to our clients: drafting various kinds of international trade contracts, assisting clients in planning and arranging import and export business in accordance with Chinese laws and international practices; international trade dispute negotiation, arbitration and litigation; advising on labeling, marking and other legal requirements on products imported into China, resolving consumer complaints and product liabilities disputes; designing contract structure, evaluating legal risks, drafting documents, handling governmental procedure and formalities and negotiating a deal regarding foreign-related construction contracting projects.
  

1. To offer legal advices and views related to International Trade business; 
2. To offer legal advices related to local International trade laws, regulations and policies; 
3. Due diligence or basic registration file investigation of partners and/or suppliers;
4. To act as a standing lawyer for enterprises related to International Trade;
5. To act for and on behalf of clients in the litigation, arbitration in China concerning
A. negotiation, performance, breach and dispute of International Sales / Purchase Contract; 
B. payment(s) of International Trade, such L/C, D/A, D/P, T/T etc; 
C. product transportation, including carriage of goods by sea, by air, by train and by international multi-transportation; 
D. products responsibility and insurance; 
E. other transnational arbitration and litigation.


One of our feature services is China debt collection.

Collecting a debt in China can seem impossible. Language and cultural barriers, foreign laws and customs, and sheer distance all impose serious challenges.

Since 1991, Tommy China Business Consulting has served as a trustworthy, nationally licensed debt collection agency, helping businesses collect unpaid accounts in China. With knowledge of collecting debts in a wide range of different industries, our experienced team of lawyer collects your debts quickly and effectively so you can receive the payments you're owed. 


Our lawyers have accumulated wide experience in international trade dispute settlement In Shanghai

Contact Tom Lee  if you need English Speaking Chinese Attorney Lawyer From International Trade Boutique Law Firms In Shanghai Offer International Business Related Legal Assistance Services Including International Trade Dispute,China Debt Collection Legal Services In Shanghai

Thursday, May 23, 2019

Set Up Business,Set Up Company In Shanghai,Tommy China Business Consulting Offer One Stop Services For Company Registration In Shanghai

why company registration in Shanghai
Shanghai is located in the Yangtze River Delta. The municipality sits on the southern edge of the estuary of the Yangtze River in the middle portion of the East China coast. It borders the provinces of Jiangsu and Zhejiang to the north, south and west, and is bounded to the east by the East China Sea.
Shanghai is the commercial and financial center of China, and ranks 5th in the 2018 edition of the Global Financial Centres Index (and third most competitive in Asia after Singapore and Hong Kong) published by the Z/Yen Group and Qatar Financial Centre Authority. It also ranks the most expensive city to live in Mainland China, according to the study of Economist Intelligence Unit in 2017. It was the largest and most prosperous city in East Asia during the 1930s, and rapid re-development began in the 1990s. This is exemplified by the Pudong District, a former swampland reclaimed to serve as a pilot area for integrated economic reforms
There are 16 districts under Shanghai's administration: Songjiang, Changning, Fengxian, Jingan, Jiading, Jinshan, Baoshan, Yangpu, Xuhui, Qingpu, Huangpu, Hongkou, Minhang, Putuo, Pudong New Area, and Chongming.
To facilitate people who want to set up company to invest Shanghai, here is an introduction of Types of business presence in China: 

Before starting up a business in China, you have to know what are the options. Foreign Investors generally establish a business presence in China in one of five modes: Wholly Foreign Owned Enterprise(WFOE); Representative Office; Foreign Invested Partnership Enterprises (FIPE); Joint Venture and Hong Kong Holding Company.

Wholly Foreign Owned Enterprise(WFOE) is a Limited liability company wholly owned by the foreign investor. WFOE requires no registered capital and it's liability of equity , can generate income, pay tax in China and it's profit could be repatriate back to investor's home country. Any enterprise in China which is 100 percent owned by a foreign company or companies can be called as WFOE.

Representative Office (RO) is a Liaison Office of it's parent company. It requires no registered capital. It's activities would be: product or service promotion, market research of it's parent company's business, Quality Control liaison office etc in China. RO generally is prohibited to generate any revenue nor generating contracts with local businesses in China.

Joint Venture (JV) is a Limited liability company formed between Chinese investor and Foreign investor. The parties agree to create a entity by both contributing equity, and they then share in the revenues, expenses, and control of the enterprise. JV usually been used by foreign investor to engage the so called restricted in areas such like: Education, Mining, Hospital etc.

Since March 1, 2010: Measures of Establishment of Foreign Invested Partnership Enterprises (FIPE) in China istaking effect. The regulation, which take effect since March 1, 2010, are known as the Administrative Measures for the Establishment of Partnership Enterprise in China by Foreign Enterprises or Individuals. There's no required minimum registered capital for a Foreign Invested Partnership Enterprise (FIPE) in Shanghai, Beijing, Shanghai, Shenzhen, Hangzhou and rest cities of China

Hong Kong Company usually been used as a Special Purpose vehicle (SPV) to invest Mainland China. Hong Kong is one of the quickest locations to Incorporate a business. Although a HK company is not a legal entity in Mainland China (Mainland China and Hong Kong, See Wiki 1 country, 2 systems), lots foreign investors, especially investors from Europe and North America still chose to setting up a Hong Kong company as SPV to invest China.

After China's entry to WTO, most industries in China welcome foreign investment, WFOE setting up inChina becomes the first option of foreign investment's entity structures instead of Rep.Office setting up in China. At the mean time, for tax purpose, effective licensing system etc more and more investors use Hong Kong as the holding company to invest China mainland, using this offshore company to hold their operations in China.

Business set-up in Shanghai is a big project by itself, which requires financial and time commitments, business management knowledge and China expertise. Identifying a competent agent to manage the complex process will be a cost and time effective way to avoid potential pitfalls . Tommy China Business Consulting has direct connections in the local government

Since 2006, TCBC has been focusing on consulting services for our clients to invest in Shanghai China. We are specialized in establishment of wholly foreign owned enterprises (WFOEs), setting up of offshore companies, trading services, tax minimization, Assist in obtaining government approvals and certificates for running business, negotiate and draft various legal documents provide legal advice, negotiate government officer for Land acquisition. Advising on formation of WOFE and business structures, managing and controlling WOFE in Shanghai China, drafting privacy policies and structuring commercial transactions

TCBC will manage all aspects of incorporation to get you a business license in Shanghai  China. We offer a range of company formation services including helping you to set up:
-Wholly Foreign Owned Enterprises (WFOE )
-Joint Ventures (Equity/Co-operative)
-Foreign Invested Partnership Enterprises (FIPE)

Contact Tom Lee to set up company to invest in Shanghai

English Speaking Lawyer From Shanghai Law Firm Offer Foreign-Related Legal Services in Shanghai

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Foreign companies come in contact with the Chinese legal system the moment they decide to doing business with china

Tommy China Business Consulting is a reputable company which was organized under the laws of China and was licensed to provide legal and consulting services in China. We are consistently recognized as a premier law practice for clients in and out of China. With more than 20 years of practicing law in China, our legal teams have an in-depth understanding and knowledge of China legal culture and market dynamics.
 
We have an affinity for the complex and an aptitude to simplify. We always have an involvement in client's industry approach and suggest practical insightful business and individual solutions. Our mission is partnering with clients to achieve cost effectiveness, timely delivery of optimal effective solutions, integrity and personal responsibility. We listen to our clients and work with them to determine the right solution at the right time so clients are assured of the best advice and terms available for each individual circumstance. 

Our legal teams have served the clients in and out of China since 1990s. We have advised on some significant investments, international trades, real estate projects, arbitration, litigation and individual needs to date. The expertise we have allows us to place ourselves at your full disposal to offer our advisory services in China, to suggest the best path to lead you to the best solutions for any challenge in your business and life. 

Due Diligence

We have ever handled so many fraudulent trading or investment cases in which the foreign partners have all been defrauded or scammed by their Chinese partners. The reason is all the same that the foreign partners failed to conduct background check on reliabilities of their Chinese partners, which could have been easily done before the transactions. We call this background check “Due Diligence”. 

If you want to do business in China or cooperate with a partner, due diligence is an essential step before you go further, and Tommy China Business Consulting can offer professional due diligence report to you in accordance with your typical needs. We can deliver highly cost effective solution to the problems of getting behind glossy presentation and cultural confusion to see the real quality and position of the other party of your business or transaction. The staffs with Tommy China Business Consulting  have more than 20 years’ experience in China company research, investigation and commercial analysis sector. They bring experience and knowledge to the presentation of China company information. 

Tommy China Business Consulting can research and report on any company in China to the depth required. Information from which selection can be made includes: corporate details, including export license details, business operations, history, strategic or political factors, international connections, financial status, reputation, rating and overall assessment. 

Our research facilities in Beijing, Shanghai, Guangzhou, Shenzhen, Chengdu, Guangzhou  and other major cities in China are well-established businesses. They combine an extensive and painstakingly constructed contact network across China with the China company registration authorities, with good experience in “live” company research through identifying and interviewing knowledgeable individuals concerning any company. This latter capacity is essential in an environment where even data formally collected by the local authorities may not always be entirely trustworthy. 

Contract Review

In many business situations there comes a time when a relationship or transaction needs to be set down in writing. Contracts are an integral part of business relationships throughout the world. This is no less true in China. Chinese contracts are drafted everyday for many different purposes. A main hindrance to the foreigner doing business in China is the inability to read a contract he is expected to sign. Even if a translation of a Chinese contract is produced, the contract is sill written in legal terms. And complex legal minutia can fill many of the pages of a China contract. For this reason, it is often advisable to retain legal counsel that is fluent in Chinese, English, and legal terminology in both languages. 

At Tommy China Business Consulting, we can produce a Chinese to English translation of a proposed contract. This translation will be carried out or modified by a China lawyer who is fluent at English. By doing this, the rights and interests of our clients will be best guarded. Possible issues that they would be on the lookout for in a contract between a Chinese and a foreigner would be conflicts of law issues between China and another jurisdiction, unequal rights between the two parties, and possible legal ambiguities that could lead to unnecessary litigation in the future. These are just a few of the issues to look out for regarding Chinese contracts. 

People in or out of China may sign property leases, vehicle and equipment leases, advertising agreements, web site development and maintenance agreements, banking documents and numerous other contracts in the usual course of business. Retaining a China lawyer can make these contracts simple and easily understandable. The China lawyer may help you with the clauses like negotiating the terms, identifying the parties, completing all blanks, allocating risk, indemnification provisions, warranties, representations, events of default, rights and responsibilities, remedies provisions and so on. 

It is always wise to have a competent legal professional review any document before signature. This is true especially in China where a Chinese contract is written in Chinese script. Failure to retain competent legal advice before signing a Chinese contract could lead to unforeseen legal consequences befalling the foreign businessman in China. Please contact Tommy China Business Consulting for more information about Chinese contract review

Merger & Acquisition

On a global basis, mergers and acquisitions (M&A) were the prevalent method through which multinationals conducted foreign investment, while “green field” investments were virtually the only option available to foreign investors in China in the past. However, the environment for M&A in China has fundamentally changed in recent years, affected in party by the global economic trend and with the intention of stimulating M&A related activity, Chinese Government have introduced and consolidated various laws and regulations since 2002. 

The robust growth of China’s economy and its further liberalization of the domestic market after its accession to the World Trade Organization have worked together to fuel the accelerated pace of M&A activity in recent years. It is foreseeable that M&A activity, which offers foreign investors a more immediate method of entering the China market as opposed to “green field” investment, will continue to boom in China in the years to come. 

Suppose a US-based company “ABC Co.” has preliminarily identified an ideal target company in China, which it intends to acquire. Before proceeding to conduct an in-depth financial assessment and structure the prospective acquisition, it is advisable to take the following into consideration: 1. M&A transactions in China require examination and approval by Chinese government agencies. 2. The sectoral restrictions applicable to “green field” investment in China are also applicable to foreign-related M&A transactions. 3. Ascertaining the nature and desirable businesses of the target is essential to structuring the M&A transaction.  

Due to the general lack of transparency or proper regulations in China, many Chinese companies may have certain irregularities incurred somewhere or sometime in the course of its business. It is imperative that a foreign investor resolve any irregularities before entering into the transaction. Therefore, conducting a legal due diligence exercise is often just as important as conducting a financial due diligence to determine the viability of the target company in a merger and acquisition deal.  

Business Establishment

We have extensive experience with the entire spectrum of business entities in China, from simple Representative Offices to more complex Foreign Invested Enterprises such as Wholly Owned Foreign Enterprises (WOFEs) and Joint Ventures (JVs). We have served hundreds of clients from more than 30 countries in virtually every industry sector. Our consultants have developed an extensive network of local connections to expedite business registration projects and to negotiate for favorable incentives for large Foreign Direct Investment (FDI) projects.

We also provides a wide range of business support services tailored to the needs of Representative Offices and newly established foreign invested companies in China, including accounting services and regulatory compliance assistance.

Registering a foreign company in China is much easier than before as it doesn’t involve approval from multiple local authorities and bureaus if the perspective enterprise isn’t subject to the special administrative measures for permits stipulated by the government. However, the establishment of a foreign company is still a complicated process. Our extensive network of local government bureaus contacts, knowledge of local regulations and experience with hundreds of projects already executed can help you accelerate your entry and growth in China.

Foreign investment companies that engage in business operations in China are required to pay taxes according to China tax laws. The most commonly used forms of business for foreign investment companies are the Representative Office (Rep. Office) and the Limited Liability Company (LLC). The most important tax categories for these forms of businesses are corporate income tax and business tax, which is being transitioned to a new value-added tax (VAT) system, as well as the value-added tax (VAT) for manufacturing, wholesale, retail, and trade.

We assist our clients with their China projects regardless of which stage of development they are in, like researching the business environment, entering the market or already growing their business within China. We are committed to guiding our clients through the challenges of achieving their goals by not only keeping them abreast of current trends but also anticipating how those trends may impact the market they are in. We customize our approach according to our clients’ specific needs.

Our main priority is to provide high-quality services to maximize our clients’ potential for long-term success within China. Our mission is to provide the best solutions for our clients’ China market entry & growth needs and to become the partner of choice for companies and organizations doing business in China.

Services in General

 Litigation and Arbitration;
 Advising and counseling;
 Being retained as legal counsel;
 Defending lawyer or agent ad litem for criminal suspects, criminal defendants and criminal victims;
 Translation of legal documents;
 Other legal services.

     
Practice Areas

International Trade (Import & Export)
Formation & Registration of Foreign-funded Companies in China
Intellectual Property Protection
Corporate Law
Labor and Employment
Maritime Law
Franchise
Tax
Financing & Insurance
Real Estate
Criminal Law
Family Law
Immigration
Others


International Trade (Import & Export)

 Advising on import and export matters in China;
 Drafting and reviewing international sales contract;
 Other matters (L/C, B/L, etc.) related to international trade;
 Tax refund.


Formation & Registration of Foreign-funded Companies in China

 Legal analysis on foreign investment projects and initial investment planning;
 Formation and registration of joint ventures (JV);
 Formation and registration of wholly foreign-owned companies (Consulting company,
  Trading company, Freight forwarding company);
 Formation and registration of Representative office   (RO);
 Merger & Acquisition;
 Due diligence;
 Issuance and listing of shares;
 Veture capital;
 Establishment of branches and/or offices in China by foreign-funded companies;
 Finance planning and structuring;
 Tax planning, advising on taxation in China;
 Design of corporate governance;
 Customs formalities;
 Labor and employment;
 Registrations and filings with government authorities;
 Restructuring and liquidation of foreign-funded companies.

Intellectual Property Protection

 Advising and counseling on the protection of patents, trademarks, copyrights, trade
   secrets, trade name and unfair competition matters;
 Trademark Registration;
 Conducting search, watch and investigation of patent and trademarks and providing
   legal opinions therefore;
 Obtaining computer software registrations;
 Advising on domain name issues, and registrations of domain names;
 Recording intellectual property rights with China Customs;
 Enforcing intellectual property rights through administrative or legal proceedings;
 Litigating disputes on intellectual property rights;
 Licensing and transfer of IP;
 Advising and counseling on other intellectual property related matters.


Corporate Law

 Establishment of corporations;
 Design of corporate governance;
 Re-organization of enterprises, increase or reduction of registered capital;
 Clarification of property title and property transaction;
 Re-organizing an enterprise into a joint stock company, shares transfer and conversion    of debts into shares;
 M & A, dissolution and asset trust management;
 Bankruptcy and liquidation;
 Drafting and reviewing shareholders’ agreement, articles of incorporation, board    resolution and various other corporate documents.


Labor and Employment

 Legal advise on labor and employmnent


Maritime Law

 Legal adise on Maritime Law


Franchise

 Legal analysis on and initial planning for the establishment of franchise businesses;
 Franchise contract drafting or reviewing;
 Other franchise related legal matters.


Tax

 Tax planning, advising on taxation in China;
 Tax refund.


Financing & Insurance

 Loans of various kind;
 Inter-bank loan, trust investment and financial lease;
 Guarantee, mortgage and pledges;
 Letter of credit, credit cards and electronic currencies;
 Various financial instruments;
 Foreign exchange;
 Insurances application and insurance claims.


Real Estate

 The granting, transfer, lease and mortgage of land use rights;
 Developing, financing, sale and lease of real estates;
 Tender, bid and contracting of real estate projects;
 Real estate mortgage and buy-back;
 Agreements on the management of property, preparatory work for the establishment
   of proprietor committee and its operation.


Criminal Law

 Represent clients in criminal legal proceedings in China
 Criminal Procedure Law.


Family Law

 Advise on Marriage Law, Inheritance Law in China
 Marriage law
 Inheritance law


Immigration

 The Application for Permanent Residence in China and Chinese Nationality ;
 Acquisition of St.Kitts & Nevis Citizenship by Investment Program;


Others

 Aviation and maritime issues;
 International leasing of machinery and equipment;
 International contracting for construction projects;
 Sales of goods and compensation trade;
 Anti-dumping and anti-subsidy;
 Service trading and immigration.

Our lawyers have accumulated wide experience of  Foreign-Related Legal Services  In Shanghai 


Contact Tom Lee  if you need English Speaking Chinese Attorney Lawyer From Shanghai Law Firms Offer Foreign-Related Legal Services  in Shanghai