Contents

Foreign investments in China

China is currently one of the fastest growing markets in the world. This exemplary dynamism offers Western companies major opportunities for growth, particularly as the market access has become substantially easier for foreign companies.

However, there are still numerous hurdles that foreign companies have to overcome if they want to establish themselves on the Chinese market. Thanks to our many years of consulting activities on site, we know the special requirements of the market and are fa-miliar with the local legal and cultural situation.

Together with our Chinese colleagues in Beijing and Shanghai, we advise small and medium-sized companies as well as international corporations from Germany on their projects in China and Chinese companies and investors on their market presence in Germany.

Whether it is direct investments, mergers & acquisitions, industrial property rights, tech-nology transfer, real estate and labour law or general legal consulting in day-to-day business – our China experts offer you consulting that is tailored to your requirements.

Our focus areas in the advising of foreign direct investments in the PR China are:

  • Development of the market entry strategy
  • Checking of the reliability and feasibility of investment projects 
  • Support in the choice of location and creation of general specialist reports on location analysis 
  • Selection of the suitable investment vehicle
  • Establishment of representations, joint venture companies and wholly foreign owned enterprises (fully owned subsidiaries)
  • Development of expansion strategies and advising on the restructuring of a company's commitment in China

Corporate law / M&A

  • Establishment, conversion and winding-up of companies with foreign capital investment 
  • Identification of the necessary official permits, preparation of the documents to be obtained 
  • Corporate governance 
  • Increase or reduction of capital 
  • Accompaniment of the acquisition and disposal of companies (asset and share deal)
  • Preparation, coordination and implementation of legal due diligence audits 
  • Structuring and management of transactions in the PR China as well as formulation and negotiation of the contracts and accompanying documents required for this

Insolvency and financial reorganisation and recapitalisation

  • Strategies and consulting with regard to financial reorganisation and recapitalisation for companies with foreign capital investment 
  • Consulting with regard to insolvency law 
  • Advising of German insolvency administrators in the event of company restructuring measures and liquidation of companies with foreign capital investment

Brand and patent law / IT

  • Advising on the protection of industrial property rights in the PR of China
  • Implementation of brand research 
  • Registration of trademarks and design patents 
  • Defence enforcement of property rights

Labour law

  • Advising with regard to the delegation of employees to China, in addition to formulation with regard to contract law
  • Creation and checking of employment contracts pursuant to Chinese labour law 
  • Consulting and accompaniment in the case of restructuring measures and mass lay-offs
  • Consulting and accompaniment in disputes relating to labour law

General contract law

  • Formulation of contracts in the area of distribution law and trade law
  • Drafting and negotiation of technology transfer agreements 
  • Consulting in the drawing up of General Terms and Conditions of Business 
  • Support in the negotiation of contracts with Chinese business partners

Receivables collection

  • Procurement of information about the Chinese debtor, in particular from official registers
  • Credit rating checks with regard to Chinese companies 
  • Enforcement of payment claims against Chinese debtors