Foreign companies come in contact with the Chinese legal system the moment they decide to doing business with china
Due Diligence
Merger & Acquisition
Business Establishment
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.
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.
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
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.
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
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.
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.
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.
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;
Practice Areas：
International Trade (Import & Export)
Formation & Registration of Foreign-funded Companies in China
International Trade (Import & Export)
● Advising on import and export matters in China;
Formation & Registration of Foreign-funded Companies in China
● Legal analysis on foreign investment projects and initial investment planning;
Intellectual Property Protection
● Advising and counseling on the protection of patents, trademarks, copyrights, trade
Corporate Law
● Establishment of corporations;
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;
Tax
● Tax planning, advising on taxation in China;
Financing & Insurance
● Loans of various kind;
Real Estate
● The granting, transfer, lease and mortgage of land use rights;
Criminal Law
● Represent clients in criminal legal proceedings in China
Family Law
● Advise on Marriage Law, Inheritance Law in China
Immigration
● The Application for Permanent Residence in China and Chinese Nationality ;
Others
● Aviation and maritime issues;
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
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