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Most-Asked-About Legal Issues in China
Trademarks: Registration Infringement and Enforcement
- Trademark Registration: Essential to register trademarks in both English andChinese to prevent squatting and unauthorized use.
- Enforcement Challenges: Despitecomprehensive laws, enforcement can be inconsistent. Robust internal protocolsare crucial.
- Legal Support: Legal assistance ensures proper registration and helps navigate enforcement mechanisms.
International Business Disputes Resolution
- Arbitration Preference: Arbitration is often preferred due to the enforceability of arbitral awards under the New York Convention.
- Dispute Resolution Clauses: Properly drafted arbitration clauses are essential for effective dispute resolution.
- Legal Guidance: Expert legal advice helps navigate arbitration processes and enforce awards in China.
Contract Enforcement
- Dispute Resolution: Clear dispute resolution clauses in contracts specify methods and venues for resolving disputes.
- Enforcement Mechanisms: Chinese courts and arbitration institutions provide avenues for enforcing contracts.
- Legal Assistance: Legal support ensures contracts are enforceable and disputes are resolved effectively.
Closure and Liquidation of Foreign Subsidiaries
- Regulatory Compliance: Complying with Chinese regulations is essential for the orderly closure and liquidation of subsidiaries.
- Legal Processes: Involves legal processes to settle debts, terminate contracts, and distribute remaining assets.
- Legal Support: Expert legal advice ensures compliance and smooth closure of business operations
White-Collar Crimes (Corporate Crimes)
- Compliance Programs: Implementing robust compliance programs helps prevent corporate crimes such as fraud and embezzlement.
- Legal Consequences: Violations can result in severe penalties, including fines and imprisonment.
- Legal Assistance: Legal support aids in the prevention, investigation, and defense against allegations of corporate crimes.
Handling Labour Disputes and Employment-related Litigation
- Labour Laws: Understanding and complying with Chinese labourlaws is crucialto avoid disputes.
- Dispute Resolution: Effective dispute resolution mechanisms, including mediation andlitigation, are essential for resolving conflicts.
- Legal Support: Legal advice ensures compliance with labour laws and fair resolution of disputes.
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China
Jacqueline Zhao
9 years as translator
1 year as lawyer
Subject Expertise
Corporate
,
Commercial Contracts
,
Employment
,
Foreign Direct Investment
,
Regulatory Compliance
,
China
Bing Li
5 Years as Lawyer in China (mainland)
2 Years as Legal Translator
Subject Expertise
Corporate
,
Foreign Direct Investment
,
Commercial Contracts
,
China
Li Luo
6 Years as Lawyer in China (mainland)
6 Years as Legal Translator
Subject Expertise
Corporate
,
Commercial Contracts
,
Employment
,
Mergers and Acquisitions
,
Foreign Direct Investment
,
China
Wendy Zheng
8 Years as Lawyer in China (mainland)
Subject Expertise
Corporate
,
Employment
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Banking
,
China
Joseph Xue
10 Years as Lawyer in China (mainland)
Subject Expertise
Mergers and Acquisitions
,
Corporate
,
Private Equity / Venture Capital (PE/VC)
,
Foreign Direct Investment
,
Commercial Contracts
,
China
Eddie Zeng
13 Years as Legal Translator
Subject Expertise
Corporate
,
Commercial Contracts
,
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
Foreign Direct Investment
,
China
Leo Chen
13 Years as Lawyer in China (mainland)
Subject Expertise
Banking
,
Corporate
,
Capital Markets & Securities
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Hongli Sun
13 Years as Lawyer in China (mainland)
Subject Expertise
Commercial Contracts
,
Corporate
,
Dispute Resolution
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Sylvia Zhang
15 years as translator
15 years as lawyer
Subject Expertise
Corporate
,
Commercial Contracts
,
Dispute Resolution
,
Employment
,
Foreign Direct Investment
,
China
Haiping Deng
16 Years as Lawyer in China (mainland)
Subject Expertise
Corporate
,
Commercial Contracts
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Private Equity / Venture Capital (PE/VC)
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Supply Chain Legal Risks in China: How to Prevent Disputes and Avoid Defaults
Practical legal guide for SMEs sourcing or manufacturing in China. Learn how to prevent supply chain risks, avoid defaults, manage contracts, and stay compliant with China’s import/export laws.
Written on:
April 3, 2025
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Entering and Operating in China: Market Entry Strategies, Remote Operations, and Key Legal Considerations (2025 Update)
Thinking of entering the Chinese market in 2025? This in-depth guide walks you through market entry strategies (direct and indirect), regulatory updates including the Foreign Investment Law and 2024 Negative List, remote operations, encouraged industries, onshore equity investments, tax planning under China’s double taxation treaties, and other must-know legal considerations. Packed with actionable tips and strategic insights, it's a must-read for SMEs, legal teams, and cross-border investors.
Written on:
April 3, 2025
Understanding China’s 2021 Crypto Ban: What Cross-Border Fintechs Need to Know
In September 2021, China imposed a sweeping ban on all cryptocurrency-related business activities. This article offers fintech SMEs and cross-border tech businesses a clear and comprehensive guide to the legal basis, regulatory framework, and compliance risks surrounding Bitcoin, Ethereum, and other crypto assets under China’s laws.
Written on:
March 31, 2025