In accordance with the Contract Law of the People’s Republic of China, contracting parties are allowed to choose a Chinese court in case a dispute. They are also allowed to designate application of foreign law if they so choose. In the eye of a Chinese court, the application of the foreign law does not work …
I am handling two cases in which the notarization matter really perplexes the clients. Clients always wonder why and when they need to do a notarization and because in some circumstances, doing a notarization is really time and money consuming, clients really want to get a confirmed answer regarding whether the notarization is a must. …
To set-up a new China company, you will first need to reserve a name for the new company. Many people would think this is a simple thing, and should hardly be considered a step by itself. How hard could it be? Not as easy as you think. The chosen name, specifically each word in the …
A Legal Representative of one of our clients came to us and asked who should be the overall controller of the company seals. He thought he would be the one to manage all the seals, but no company documents indicate that as a requirement. In practice, the official company seal and the Legal Representative seal …
The difficult practicalities of the new WFOE recordal system. Recently a new law came into force in China that was hyped by many to simplify the WFOE registration process. However, not all agreed with this and it seems that they were right. Whilst the new system partially relies on recordals rather than registration, it still …
When a China company is closing down the law requires appointment of a “Liquidation Committee” to be responsible for managing the closure and liquidation of the company’s assets. The law outlines who many participate in the Liquidation Committee and its formation, but nothing is mentioned about how the Committee is to conduct its business, or …
We have provided legal service for two foreign clients who experienced the same bad thing and lost a large amount of money in this year. It is quite necessary to write out the whole story to remind all businessmen of raising vigilance. The client keeps a long and good business relationship with a foreign company …
Watch Out the Email Sent to You, It May Cause You Lose Money Read More »
Recently an upset young man called our firm for consultation, he mentioned he lent around RMB 50,000 Yuan to one of his so-called friend, however after many times of been refused by his friend to pay back the money, he came to our firm for help. After further discussion, we found out the young man …
Dealing with litigation matters, client’s are often concerned with paying required “litigation fees” in China, and specifically whether these fees may be recovered. To answer this question, the first thing is to know the statutory scope of “litigation fees”. In the Measures of the Payment of Litigation Fees promulgated by State Council in Dec. 19th, …
Recovering China Litigation Fees: To the Victor go the Spoils Read More »
A Revision to the Law of the People’s Republic of China on Wholly Foreign-Owned Enterprises (“WFOEs”) came into effective on October 1, 2016. A new article was added as Article 23, which stipulates that: Where the establishment of wholly foreign-owned enterprises does not involve the implementation of special access administrative measures prescribed by the State, …
