We understand that appropriate legal services will protect our clients’ legal rights and business interests. Our clients usually need us to provide the following legal services in the course of their business.
I. Company Establishment
- Applying for pre-registration of company name
- Preparing documents for the application of registration, such as Articles of Association (AOA), Appointment Letters
- Submitting the registration documents
- Preparing or reviewing related contracts, such as lease contract for the registered office, shareholders’ agreement
- Conducting post-establishment formalities, such as registration as a foreign trade operator, registration with customs
We will provide a step-by-step guidance on the company establishment process. Based on our rich experience in the past, we are fully aware of clients’ concerns and will provide clients with practical advice.
II. Foreign Direct Investment
- Conducting legal due diligence investigations of Chinese partners
- Drafting and/or reviewing relevant cooperation agreements
- Advising on legal questions related to business models of foreign companies in China
- Assisting foreign companies in establishing, altering and terminating their business operations in China, which may be in the form of representative offices, wholly foreign-owned enterprises, Sino-foreign equity joint venture enterprises, Sino-foreign cooperative enterprises, partnerships, equity investment enterprises, regional headquarters, etc.
We closely follow the legislative progress related to foreign investment and keep our clients updated of the latest legal changes. We have abundant experience in assisting foreign investors in greenfield investments, mergers and acquisitions, joint ventures, and exit projects in China.
III. Contract Management
- Establishing or improving contract management policies
- Drafting or reviewing contracts
- Preparing company’s standardized contracts
- Participating in the negotiation with the counter party of relevant contract terms
- Providing solutions to any potential disputes arising from the performance of signed contracts
According to clients’ requirements and the characteristics of their business activities, we can prepare and update internal contract management policies to remind clients of key points of the contract management process, including the signature of contracts, the performance of contracts and the filing of documents, in order to reduce and avoid clients’ potential contract risks. In the meanwhile, we can also prepare standardized contract templates, with instructions, for the types of contracts that clients frequently used.
In addition, we can draft the specific non-standard contracts or review contracts provided by the counter party. Under the authorization of the client, we can negotiate the contract with the counter party on behalf of the client.
We have considerable experience in preparing and reviewing the most common trading-related contracts, including but not limited to:
Sales Contract / Purchase Agreement / Procurement Contract
Manufacturing Contract (ODM or OEM)
NDA Agreement (i.e. Non-Disclosure Agreement / Confidentiality Agreement)
NNN agreement (i.e. Non-Use, Non-Disclosure, and Non-Circumvention Agreement)
IV. Daily Corporate Operation
- Providing compliance review and external legal support for internal decisions
- Providing legal advice on investment decisions of the company
- Collating and analyzing the relevant legal and policy information related to the company’s operation
- Providing legal trainings to employees
- Answering legal questions related to the daily management of the company
- Issuing relevant lawyer’s letter for the company
As the external legal counsel of many foreign clients and foreign-invested companies, we are committed to providing top-tier general legal counsel services.
We can promptly understand and respond to the needs of our clients, and provide value-added and cost-effective legal advice during the daily management and business development of our clients. We assist our clients in strengthening their internal management, implementing the compliance policies, and providing legal solutions to their concerns.
V. Labor and Employment
- Reviewing all kinds of rules and policies related to employment management, e.g. employment handbook
- Drafting and reviewing labor contracts, labor dispatch agreements, non-compete agreements, and confidentiality agreements
- Advising on employment-related issues, e.g. employment terminations, occupational injuries and illness
- Representing clients to attend the labor dispute mediations, arbitrations and litigations
- Providing updated policy trainings on labor laws and regulations
We are able to provide comprehensive daily legal support in regard to labor and employment issues. With our assistance, many clients establish a relatively complete employment system and put themselves in the best position to meet their business goals.
VI. Intellectual Property
- Establishment of the daily management systems of trademarks, patents and copyrights
- Applying for registration for trademarks, patents and copyrights
- Advising on contract issues with regard to intellectual property rights (e.g. transfers, cooperation and licensing)
- Assisting clients in response to allegations of infringements or taking legal actions against infringements by third parties
In the process of business development and market development, companies will inevitably be involved in issues related to intellectual property, such as application for registration, management, promotion and protection.
Based on our rich experience in the field of intellectual property, on the one hand, we can recommend appropriate intellectual property strategic planning and establish a comprehensive system of intellectual property protection. On the other hand, we can assist clients in taking all necessary and appropriate legal measures to avoid the infringement of clients’ intellectual property rights.
VII. Disputes Resolution
- Litigation practice and arbitration practice, including applications for property preservation, initiating of lawsuit/arbitration procedures, participation in litigation/arbitration hearing, applications for enforcement
- Recognition and enforcement of overseas arbitral awards / judgement in China
- Serving as expert witnesses on Chinese law in international litigation/arbitration
- Bankruptcy practice, including but not limited to commencing or participating in bankruptcy procedures, acting for clients in related litigation
We provide clients with high quality dispute resolution services in various common types of disputes, including but not limited to international trade disputes, contract disputes, company-related disputes, intellectual property rights protection disputes and labor disputes.
VIII. Merger and Acquisition
- Designing transaction structure
- Conducting legal due diligence investigation
- Handling legal issues during acquisition of corporate equity, assets and businesses
- Participation in the negotiation
- Drafting and/or reviewing legal documents, e.g. Equity Transfer Agreement, Share Purchase Agreement, Asset Acquisition Agreement
For many years, we have been dedicated to assisting clients in solving various legal problems that may be involved in the merger and acquisition process under the changing and complex Chinese legal environment. Our ample experiences enable our team to be able to propose optimum and customized plan for the merger and acquisition based on the clients’ practical needs.