Practice Areas
The outline below focuses on addressing the specific legal needs of Western clients coming to China, providing comprehensive support in areas crucial for expats and foreign businesses operating in the country.
Business and Corporate Law
- Assistance with setting up WFOEs (Wholly Foreign-Owned Enterprises), joint ventures, and representative offices.
- Required documentation for foreign business registration in China.
- Navigating China’s foreign investment laws and regulations.
- Ensuring compliance with local corporate governance rules and anti-corruption laws.
- Annual reporting and auditing requirements for foreign businesses.
- Legal due diligence for acquisitions in China.
- Cross-border merger negotiation and approval processes.
- Drafting and reviewing commercial contracts.
- Enforceability of contracts in China and cross-border contract disputes.
- Supply chain and vendor agreement management.
Immigration and Work Permits
- Business visa, tourist visa, and residency visa options for foreigners.
- Guidance on the application process and required documentation.
- Transitioning from short-term visas to long-term residency permits.
- Support with the work permit application process for foreign employees.
- Compliance with China’s employment and work permit regulations.
- Renewal of work permits and dealing with visa overstays.
- Assistance with obtaining and renewing residence permits for expatriates and their families.
- Residency permit types (short-term, long-term, family reunification) and legal obligations.
- Conversion of student or tourist visas into residence permits for work or family purposes.
Intellectual Property Protection
- Registering foreign trademarks in China and understanding local brand protection.
- Assistance with the China Trademark Office filing process.
- Defending against trademark infringement or opposition filings.
- Filing patents for foreign innovations under Chinese law.
- Registration and enforcement of copyright protection for creative works.
- Handling patent disputes and preventing intellectual property theft.
- Legal strategies to combat counterfeit goods in China.
- Representation in intellectual property lawsuits, both locally and internationally.
- Collaboration with Chinese authorities to enforce IP rights.
Labor and Employment Law
- Drafting, reviewing, and negotiating employment contracts in compliance with Chinese labor law.
- Special considerations for hiring foreign employees and the use of bilingual contracts.
- Handling changes in labor contracts, such as promotions, job role changes, and salary adjustments.
- Legal procedures for terminating foreign employees in compliance with local laws.
- Dispute resolution between employers and employees, including mediation and arbitration.
- Representation in wrongful termination lawsuits or disputes over unpaid wages.
- Ensuring compliance with Chinese labor laws, including social insurance and welfare programs.
- Advising on health and safety regulations in the workplace.
- Legal audits to ensure labor compliance and avoid penalties or shutdowns.
Real Estate and Property Law
- Negotiating leases for office spaces, retail stores, factories, and warehouses.
- Drafting leasing agreements that comply with local laws and protect foreign tenants.
- Dealing with property management and landlord disputes.
- Legal advice on purchasing residential or commercial properties as a foreigner.
- Navigating property purchase restrictions for foreign nationals.
- Understanding property taxes and legal obligations after purchasing real estate.
- Assistance with obtaining land use rights in China for construction or development.
- Navigating zoning laws, development restrictions, and environmental regulations.
- Drafting agreements for partnerships or joint ventures in land development.
Taxation Law
- Corporate tax filing and structuring for foreign businesses in China.
- Assistance with annual tax declarations and audits by Chinese tax authorities.
- Legal strategies for tax reduction and avoidance of penalties.
- Assistance with filing individual income taxes as an expatriate.
- Understanding China’s tax residency rules and double taxation treaties.
- Legal advice on managing personal wealth and cross-border tax issues.
- Navigating international tax treaties and avoiding double taxation.
- Legal strategies for handling profits repatriation and offshore banking.
- Compliance with tax regulations in both China and your home country.
Dispute Resolution and Litigation
- Representation in business disputes, such as breach of contract or unpaid debts.
- Understanding China’s court system and alternative dispute resolution options.
- Pursuing or defending commercial lawsuits involving foreign parties.
- Representation in international arbitration, including before CIETAC (China International Economic and Trade Arbitration Commission).
- Drafting arbitration clauses in contracts and enforcing foreign arbitration awards in China.
- Legal support for mediating international trade disputes.
- Mediating disputes between foreign businesses and Chinese partners to avoid litigation.
- Negotiating settlements in cross-border commercial disputes.
- Legal advice on dispute resolution clauses and procedures for business contracts.
Family and Personal Law
- Marriage Between Two Foreigners in China: Legal advice and assistance for foreign nationals wishing to marry in China.
- Marriage Between a Foreigner and a Chinese National: Guidance on marriage procedures between foreigners and Chinese citizens.
- Recognition of Foreign Marriages: Assistance with recognizing foreign marriages under Chinese law.
- Marriage Registration and Certificates: Navigating China’s marriage registration system for legal and residency purposes.
- Legal representation for foreigners seeking divorce in China.
- Navigating cross-border divorce issues, including asset division and child custody.
- Handling divorces involving mixed-nationality couples (one foreign and one Chinese spouse).
- Support with child custody arrangements, visitation rights, and support obligations.
- Assistance with international child custody disputes, including child abduction cases under The Hague Convention.
- Navigating Chinese laws for custody decisions and enforcement of foreign custody orders.
- Drafting wills and estate plans for foreign nationals to ensure their assets are distributed according to their wishes.
- Navigating Chinese inheritance laws for expatriates.
- Assistance with cross-border estate planning and probate processes.
Regulatory Compliance and Licensing
- Assistance with obtaining the necessary licenses to operate in industries such as manufacturing, technology, healthcare, and financial services.
- Guidance on meeting regulatory requirements specific to foreign businesses.
- Navigating the legal landscape for special economic zones and free trade zones.
- Obtaining regulatory approvals from Chinese government agencies for business operations.
- Compliance with government inspections and audits.
- Assistance with reporting requirements and maintaining legal standing with authorities.