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, …
Artificial inteligence, the key to improving legal work and justice system Artificial intelligence (AI) is the future of the legal profession. This, among other related topics, has been disccused during a conference specializing in the internet and law in Beijing, which took place this last Sunday and was jointly held by the Internet Society of …
Compared to court proceedings, arbitration is a commonly agreed convenient way to resolve commercial disputes. An Arbitral Award is final and binding, and cannot be appealed to court unless there is material defect in the award or a procedural defect in the arbitral proceedings described in the Arbitration Law. When a dispute arises and one …
Things You Need To Know About Arbitration Agreement Read More »
China’s system of border protection for IPRs was established in 1995 with the adoption of the Regulation on Customs Protection of IPRs by the Chinese State Council. Since China is one of the main sources of counterfeit items globally, more and more IPR holders have over the last few years started using the mechanism of …
One of our clients was trying to terminate one of its employees who had been held detention by the local Public Security Bureau for 3 days due to a drunken fight. The client mentioned the intended reasons for the termination in the Terminate Notice are 1) the employee is subject to criminal liability in accordance …
Can I Fire The Drunken Brawler Who Was Arrested? Read More »
