Thursday, May 23, 2019

English Speaking Lawyer From Guangzhou Law Firm Offer Foreign-Related Legal Services in in Pearl River Delta Area( Guangzhou, Shenzhen, Foshan, Zhuhai, Jiangmen, Zhongshan, Dongguan, Huizhou, Zhaoqing)



Foreign companies come in contact with the Chinese legal system the moment they decide to doing business with china

Tommy China Business Consulting is a reputable company which was organized under the laws of China and was licensed to provide legal and consulting services in China. We are consistently recognized as a premier law practice for clients in and out of China. With more than 20 years of practicing law in China, our legal teams have an in-depth understanding and knowledge of China legal culture and market dynamics.
 
We have an affinity for the complex and an aptitude to simplify. We always have an involvement in client's industry approach and suggest practical insightful business and individual solutions. Our mission is partnering with clients to achieve cost effectiveness, timely delivery of optimal effective solutions, integrity and personal responsibility. We listen to our clients and work with them to determine the right solution at the right time so clients are assured of the best advice and terms available for each individual circumstance. 

Our legal teams have served the clients in and out of China since 1990s. We have advised on some significant investments, international trades, real estate projects, arbitration, litigation and individual needs to date. The expertise we have allows us to place ourselves at your full disposal to offer our advisory services in China, to suggest the best path to lead you to the best solutions for any challenge in your business and life. 

Due Diligence

We have ever handled so many fraudulent trading or investment cases in which the foreign partners have all been defrauded or scammed by their Chinese partners. The reason is all the same that the foreign partners failed to conduct background check on reliabilities of their Chinese partners, which could have been easily done before the transactions. We call this background check “Due Diligence”. 

If you want to do business in China or cooperate with a partner, due diligence is an essential step before you go further, and China Law Service (Guangzhou ) Limited can offer professional due diligence report to you in accordance with your typical needs. We can deliver highly cost effective solution to the problems of getting behind glossy presentation and cultural confusion to see the real quality and position of the other party of your business or transaction. The staffs with China Law Service (Guangzhou ) Limited have more than 20 years’ experience in China company research, investigation and commercial analysis sector. They bring experience and knowledge to the presentation of China company information. 

China Law Service (Guangzhou ) Limited can research and report on any company in China to the depth required. Information from which selection can be made includes: corporate details, including export license details, business operations, history, strategic or political factors, international connections, financial status, reputation, rating and overall assessment. 

Our research facilities in Beijing, Shanghai, Guangzhou, Shenzhen, Chengdu, Guangzhou  and other major cities in China are well-established businesses. They combine an extensive and painstakingly constructed contact network across China with the China company registration authorities, with good experience in “live” company research through identifying and interviewing knowledgeable individuals concerning any company. This latter capacity is essential in an environment where even data formally collected by the local authorities may not always be entirely trustworthy. 

Contract Review

In many business situations there comes a time when a relationship or transaction needs to be set down in writing. Contracts are an integral part of business relationships throughout the world. This is no less true in China. Chinese contracts are drafted everyday for many different purposes. A main hindrance to the foreigner doing business in China is the inability to read a contract he is expected to sign. Even if a translation of a Chinese contract is produced, the contract is sill written in legal terms. And complex legal minutia can fill many of the pages of a China contract. For this reason, it is often advisable to retain legal counsel that is fluent in Chinese, English, and legal terminology in both languages. 

At China Law Service (Guangzhou ) Limited, we can produce a Chinese to English translation of a proposed contract. This translation will be carried out or modified by a China lawyer who is fluent at English. By doing this, the rights and interests of our clients will be best guarded. Possible issues that they would be on the lookout for in a contract between a Chinese and a foreigner would be conflicts of law issues between China and another jurisdiction, unequal rights between the two parties, and possible legal ambiguities that could lead to unnecessary litigation in the future. These are just a few of the issues to look out for regarding Chinese contracts. 

People in or out of China may sign property leases, vehicle and equipment leases, advertising agreements, web site development and maintenance agreements, banking documents and numerous other contracts in the usual course of business. Retaining a China lawyer can make these contracts simple and easily understandable. The China lawyer may help you with the clauses like negotiating the terms, identifying the parties, completing all blanks, allocating risk, indemnification provisions, warranties, representations, events of default, rights and responsibilities, remedies provisions and so on. 

It is always wise to have a competent legal professional review any document before signature. This is true especially in China where a Chinese contract is written in Chinese script. Failure to retain competent legal advice before signing a Chinese contract could lead to unforeseen legal consequences befalling the foreign businessman in China. Please contact China Law Service (Guangzhou ) Limited for more information about Chinese contract review

Merger & Acquisition

On a global basis, mergers and acquisitions (M&A) were the prevalent method through which multinationals conducted foreign investment, while “green field” investments were virtually the only option available to foreign investors in China in the past. However, the environment for M&A in China has fundamentally changed in recent years, affected in party by the global economic trend and with the intention of stimulating M&A related activity, Chinese Government have introduced and consolidated various laws and regulations since 2002. 

The robust growth of China’s economy and its further liberalization of the domestic market after its accession to the World Trade Organization have worked together to fuel the accelerated pace of M&A activity in recent years. It is foreseeable that M&A activity, which offers foreign investors a more immediate method of entering the China market as opposed to “green field” investment, will continue to boom in China in the years to come. 

Suppose a US-based company “ABC Co.” has preliminarily identified an ideal target company in China, which it intends to acquire. Before proceeding to conduct an in-depth financial assessment and structure the prospective acquisition, it is advisable to take the following into consideration: 1. M&A transactions in China require examination and approval by Chinese government agencies. 2. The sectoral restrictions applicable to “green field” investment in China are also applicable to foreign-related M&A transactions. 3. Ascertaining the nature and desirable businesses of the target is essential to structuring the M&A transaction.  

Due to the general lack of transparency or proper regulations in China, many Chinese companies may have certain irregularities incurred somewhere or sometime in the course of its business. It is imperative that a foreign investor resolve any irregularities before entering into the transaction. Therefore, conducting a legal due diligence exercise is often just as important as conducting a financial due diligence to determine the viability of the target company in a merger and acquisition deal.  

Business Establishment

We have extensive experience with the entire spectrum of business entities in China, from simple Representative Offices to more complex Foreign Invested Enterprises such as Wholly Owned Foreign Enterprises (WOFEs) and Joint Ventures (JVs). We have served hundreds of clients from more than 30 countries in virtually every industry sector. Our consultants have developed an extensive network of local connections to expedite business registration projects and to negotiate for favorable incentives for large Foreign Direct Investment (FDI) projects.

We also provides a wide range of business support services tailored to the needs of Representative Offices and newly established foreign invested companies in China, including accounting services and regulatory compliance assistance.

Registering a foreign company in China is much easier than before as it doesn’t involve approval from multiple local authorities and bureaus if the perspective enterprise isn’t subject to the special administrative measures for permits stipulated by the government. However, the establishment of a foreign company is still a complicated process. Our extensive network of local government bureaus contacts, knowledge of local regulations and experience with hundreds of projects already executed can help you accelerate your entry and growth in China.

Foreign investment companies that engage in business operations in China are required to pay taxes according to China tax laws. The most commonly used forms of business for foreign investment companies are the Representative Office (Rep. Office) and the Limited Liability Company (LLC). The most important tax categories for these forms of businesses are corporate income tax and business tax, which is being transitioned to a new value-added tax (VAT) system, as well as the value-added tax (VAT) for manufacturing, wholesale, retail, and trade.

We assist our clients with their China projects regardless of which stage of development they are in, like researching the business environment, entering the market or already growing their business within China. We are committed to guiding our clients through the challenges of achieving their goals by not only keeping them abreast of current trends but also anticipating how those trends may impact the market they are in. We customize our approach according to our clients’ specific needs.

Our main priority is to provide high-quality services to maximize our clients’ potential for long-term success within China. Our mission is to provide the best solutions for our clients’ China market entry & growth needs and to become the partner of choice for companies and organizations doing business in China.

Image result for legal services

Services in General

 Litigation and Arbitration;
 Advising and counseling;
 Being retained as legal counsel;
 Defending lawyer or agent ad litem for criminal suspects, criminal defendants and criminal victims;
 Translation of legal documents;
 Other legal services.

     
Practice Areas


International Trade (Import & Export)
Formation & Registration of Foreign-funded Companies in China
Intellectual Property Protection
Corporate Law
Labor and Employment
Maritime Law
Franchise
Tax
Financing & Insurance
Real Estate
Criminal Law
Family Law
Immigration
Others


International Trade (Import & Export)

 Advising on import and export matters in China;
 Drafting and reviewing international sales contract;
 Other matters (L/C, B/L, etc.) related to international trade;
 Tax refund.


Formation & Registration of Foreign-funded Companies in China

 Legal analysis on foreign investment projects and initial investment planning;
 Formation and registration of joint ventures (JV);
 Formation and registration of wholly foreign-owned companies (Consulting company,
  Trading company, Freight forwarding company);
 Formation and registration of Representative office   (RO);
 Merger & Acquisition;
 Due diligence;
 Issuance and listing of shares;
 Veture capital;
 Establishment of branches and/or offices in China by foreign-funded companies;
 Finance planning and structuring;
 Tax planning, advising on taxation in China;
 Design of corporate governance;
 Customs formalities;
 Labor and employment;
 Registrations and filings with government authorities;
 Restructuring and liquidation of foreign-funded companies.

Intellectual Property Protection

 Advising and counseling on the protection of patents, trademarks, copyrights, trade
   secrets, trade name and unfair competition matters;
 Trademark Registration;
 Conducting search, watch and investigation of patent and trademarks and providing
   legal opinions therefore;
 Obtaining computer software registrations;
 Advising on domain name issues, and registrations of domain names;
 Recording intellectual property rights with China Customs;
 Enforcing intellectual property rights through administrative or legal proceedings;
 Litigating disputes on intellectual property rights;
 Licensing and transfer of IP;
 Advising and counseling on other intellectual property related matters.


Corporate Law

 Establishment of corporations;
 Design of corporate governance;
 Re-organization of enterprises, increase or reduction of registered capital;
 Clarification of property title and property transaction;
 Re-organizing an enterprise into a joint stock company, shares transfer and conversion    of debts into shares;
 M & A, dissolution and asset trust management;
 Bankruptcy and liquidation;
 Drafting and reviewing shareholders’ agreement, articles of incorporation, board    resolution and various other corporate documents.


Labor and Employment

 Legal advise on labor and employmnent


Maritime Law

 Legal adise on Maritime Law


Franchise

 Legal analysis on and initial planning for the establishment of franchise businesses;
 Franchise contract drafting or reviewing;
 Other franchise related legal matters.


Tax

 Tax planning, advising on taxation in China;
 Tax refund.


Financing & Insurance

 Loans of various kind;
 Inter-bank loan, trust investment and financial lease;
 Guarantee, mortgage and pledges;
 Letter of credit, credit cards and electronic currencies;
 Various financial instruments;
 Foreign exchange;
 Insurances application and insurance claims.


Real Estate

 The granting, transfer, lease and mortgage of land use rights;
 Developing, financing, sale and lease of real estates;
 Tender, bid and contracting of real estate projects;
 Real estate mortgage and buy-back;
 Agreements on the management of property, preparatory work for the establishment
   of proprietor committee and its operation.


Criminal Law

 Represent clients in criminal legal proceedings in China
 Criminal Procedure Law.


Family Law

 Advise on Marriage Law, Inheritance Law in China
 Marriage law
 Inheritance law


Immigration

 The Application for Permanent Residence in China and Chinese Nationality ;
 Acquisition of St.Kitts & Nevis Citizenship by Investment Program;


Others

 Aviation and maritime issues;
 International leasing of machinery and equipment;
 International contracting for construction projects;
 Sales of goods and compensation trade;
 Anti-dumping and anti-subsidy;
 Service trading and immigration.

Our lawyers have accumulated wide experience of  Foreign-Related Legal Services  In in Pearl River Delta Area

Picture: Pearl River Delta

The Pearl River Delta economic zone (PRD) is one of China's leading economic regions and a major manufacturing centre. It locates at the Pearl River estuary where the river enters the South China Sea. The zone is formed by 9 cities, namely Guangzhou (the provincial capital), Shenzhen, Foshan, Zhuhai, Jiangmen, Zhongshan, Dongguan, four districts and counties of Huizhou and four districts and counties of Zhaoqing.


Contact Tom Lee  if you need English Speaking Chinese Attorney Lawyer From Guangzhou Law Firms Offer Foreign-Related Legal Services  in Pearl River Delta Area( Guangzhou, Shenzhen, Foshan, Zhuhai, Jiangmen, Zhongshan, Dongguan, Huizhou, Zhaoqing)


Monday, May 13, 2019

How to find an affordable lawyer in China that speaks English!

how to find an affordable lawyer in china that speaks english

My experience answering the question “how to find an affordable lawyer in China?”

During my 20 years living in Asia, I’ve owned a number of different business entities in greater China, ranging from China manufacturing WFOE’s to service companies.  Along the way I have dealt with lawyers based in China, back home and in HK. I’ve engaged (and dismissed) both foreign and local lawyers.
I’ve had my share of success as well as failure in the China courts, and in this blog post I’d like to share some of the key lessons that I learned the hard way when answering the deceptively simple question of “how to find a good lawyer in China?”
The concepts discussed in this blog post may be of interest to anyone that wishes to do business in China, regardless if you are on the buy or sell side of the transaction with China. Readers who are thinking about setting up their own offices or factories in China will find the whitepaper (available for download at the bottom of this post) particularly useful. 
The concepts explained in this blog post also apply to personal law, so it’s not just business people that may find the blog post of interest.

How to find, contract and pay an affordable lawyer in China- that’s professional and speaks English too!”

Step One: Look in the right place: China, not back home
There are essentially 3 types of law firms operating in China
Type 1: Large multinational firms with offices in your home country and partners in China.  They target large clients with large bank accounts. They usually offer excellent service, have dedicated account managers and are set up to tackle legal issues for clients that involve 3 or more national jurisdictions. But if your particular legal issue is in China, you may not need global expertise.
Type 2: At the other end of the spectrum, there are lots of local lawyers in Asia with variable degrees of professional and affordability, yet they often lack the foreign language, project management and customer service skills to successfully engage overseas clients. But they are low cost.
Type 3: In the middle you will find China-based, foreign-operated law firms and legal service providers. They offer excellent service at reasonable prices. For example, here is the firm I used. Their rate sheet can be downloaded off their website.

Keep in mind that foreign lawyers are generally not allowed to practice in China. So most of those non-China-based law firms have structured partnership arrangements with local law firms. Going direct cuts out the “middleman” and can reduce your fees, assuming you found the right local lawyer. 

Step Two:  Due diligence on your China lawyer: 5 key questions to ask
  • Check out references: If the lawyer can’t give you a few references to happy clients, run away. 
  • Find out what is outsourced? If outsourced, to who exactly? Your legal issues are sensitive and you deserve to know the parties involved.
  • How many years have they been in business?  Be very concerned if it’s a start up and you are their first customer!
  • Who will be your account manager? How many projects do they handle at any given time? How are their communication skills?  You want to avoid getting drawn in by the polished English skills of the sales team, only to learn that the firm’s local staff will handle your projects and they don’t speak fluent English.  Attention to detail is critical for legal projects, is the firm up to the task?
  • How many lawyers in the firm?  How many clients?  Ensure they are large enough to have experience in your areas of concern, but small enough that they take your project serious. Avoid being a big client of a small firm or a small client of a large firm.

Step Three:  Clear service agreement in place with your China lawyer
It’s not a good sign if the service agreement, quotation or invoice from the local lawyer is poorly written. You are hiring them to represent you in your business dealings, and if their business dealings with you are sloppy, you should expect the same on your project.
Make sure your agreement is very clear in terms of who is doing what, when for how much money.  It also helps to have the contract list legal fees separate from government fees. No surprises later. 
Are you paying by the hour or by the project? Make sure in advance.
List out the project gates in your contract and state what happens should these gates not be achieved? Link your payments to the lawyer’s performance.
IMPORTANT:  Are you paying your fees to the company with whom you have the service agreement for legal support?  Sometimes local lawyers will ask you to pay a personal account, HK account or an overseas account so they can avoid local taxes.  While it’s not a good idea to be supportive of tax fraud, it a really bad idea to have a contract with one entity then make payment to another entity. If the lawyer lets you down and you need to take them to court, your case will be a lot stronger if you can directly link proof of payment to the lawyer in question.   
Step Four: Don’t overpay or underpay your China lawyer
In our whitepaper on legal services in China, we offer an inside look at the typical rates of the above mentioned “option 3” law firms. If you are paying less than these rates, you are probably dealing with a “local local” law firm and you may end up “getting what you paid for”. If you are paying more than these rates, you may be dealing with a lawyer who has built in a margin but outsourced the work to a local law firm.
About the author:
In the interest of transparency, know that the author of the above article, Mike Bellamy, is an American serving on the board of advisors at AsiaBridge Law.  If you have questions about legal services in China, feel free to contact him directly via www.AsiaBridgeLaw.com