Joint Ventures and Foreign M&As
Effectively structure and manage joint ventures and foreign mergers & acquisitions to drive growth, minimize risks, and ensure compliance in target markets.
Why are Joint Ventures and Foreign M&As Relevant for businesses?
Joint ventures (JVs) and mergers & acquisitions (M&As) are strategic methods for businesses to expand their footprint, share risks, and leverage local expertise. Proper legal structuring is crucial to protect the interests of all parties.
Challenges Faced by businesses in Joint Ventures and Foreign M&As
Negotiating and drafting comprehensive JV or M&A agreements. Ensuring compliance with local regulations governing foreign ownership and business combinations. Managing integration and resolving disputes post-transaction.
What Should a Business Do Facing This Issue in a Foreign Country?
- Understand Local Laws: Familiarize yourself with local regulations governing JVs and M&As.
- Consult Legal Experts: Work with legal professionals to draft and review agreements.
- Establish Clear Procedures: Develop processes for managing the JV or M&A, including integration and dispute resolution.
Common Scenarios
Foreign Direct Investment
Investment in, setting up, managing, and closing business entities in foreign markets, including subsidiaries, partnerships, or joint ventures.
Outsourcing and Manufacturing
Outsourcing the manufacturing of products to a foreign company based on your own design and IP.
IP Licensing and Technology Transfer
Licensing intellectual property and transferring technology to foreign partners.
Employment and Workforce Management
Recruitment, management, and termination of employees and contractors in foreign markets, including remote/virtual workers.
Explore Legal Solutions by Country
Taiwan
- Regulatory Requirements: Compliance with the Company Act and the Investment Commission of the Ministry of Economic Affairs (MOEA) guidelines.
- Approval Authorities: MOEA oversees foreign investment approvals.
- Documentation: JV contracts, share transfer agreements, and regulatory filings.
Philippines
- Regulatory Requirements: Must comply with the Corporation Code of the Philippines and the Securities Regulation Code.
- Approval Authorities: The Securities and Exchange Commission (SEC) and the Philippine Competition Commission (PCC) handle approvals.
- Documentation: Includes JV agreements, merger documents, and competition filings.
Canada
Hong Kong
Brazil
- Regulatory Requirements: Compliance with the Brazilian Corporation Law and the Competition Law.
- Approval Authorities: Administrative Council for Economic Defense (CADE) handles competition-related approvals.
- Documentation: Includes JV contracts, share acquisition agreements, and regulatory filings.
India
- Regulatory Requirements: Foreign investment in JVs and M&As must comply with the Foreign Exchange Management Act (FEMA) and sector- specific guidelines.
- Approval Authorities: Approval from the Reserve Bank of India (RBI) and the Competition Commission of India (CCI) may be required.
- Documentation: Includes JV agreements, share purchase agreements, and regulatory filings.
Vietnam
- Regulatory Requirements: Must comply with the Law on Enterprises and the Law on Investment.
- Approval Authorities: The Ministry of Planning and Investment (MPI) handles approvals.
- Documentation: Includes JV contracts, investment registration certificates, and merger agreements.
China
- Regulatory Requirements: Must comply with the Company Law and the Foreign Investment Law.
- Approval Authorities: Ministry of Commerce (MOFCOM) and the State Administration for Market Regulation (SAMR) handle approvals.
- Documentation: JV agreements, merger filings, and regulatory approvals.
U.S
Indonesia
- Regulatory Requirements: Compliance with Law No. 40/2007 on Limited Liability Companies and the Investment Coordinating Board (BKPM) guidelines.
- Approval Authorities: BKPM oversees foreign investment approvals; additional sector-specific approvals may be needed.
- Documentation: JV agreements, investment licenses, and merger control filings.
Malaysia
- Regulatory Requirements: JVs and M&As must comply with the Companies Act 2016 and the Malaysian Investment Development Authority (MIDA) guidelines.
- Approval Authorities: MIDA and sector-specific regulatory bodies oversee approvals.
- Documentation: Includes JV agreements, share acquisition documents, and regulatory approvals.
Thailand
- Regulatory Requirements: Compliance with the Foreign Business Act and the Public Limited Company Act.
- Approval Authorities: The Ministry of Commerce and the Board of Investment (BOI) oversee foreign investments.
- Documentation: JV contracts, merger agreements, and business licenses
Grow with Joint Ventures and M&As
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China
Daniel Li
Daniel Li
Subject Expertise
Foreign Direct Investment
,
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
Capital Markets & Securities
,
Commercial Contracts
,
China
Haiping Deng
Haiping Deng
Subject Expertise
Corporate
,
Commercial Contracts
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Private Equity / Venture Capital (PE/VC)
,
China
Sylvia Zhang
Sylvia Zhang
Subject Expertise
Corporate
,
Commercial Contracts
,
Dispute Resolution
,
Employment
,
Foreign Direct Investment
,
China
Hongli Sun
Hongli Sun
Subject Expertise
Commercial Contracts
,
Corporate
,
Dispute Resolution
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Joseph Xue
Joseph Xue
Subject Expertise
Mergers and Acquisitions
,
Corporate
,
Private Equity / Venture Capital (PE/VC)
,
Foreign Direct Investment
,
Commercial Contracts
,
China
Bing Li
Bing Li
Subject Expertise
Corporate
,
Foreign Direct Investment
,
Commercial Contracts
,
Canada
Thassiane Gossler
Thassiane Gossler
Subject Expertise
Capital Markets & Securities
,
Corporate
,
Commercial Contracts
,
Other
,
Mergers and Acquisitions
,
Canada
Martin Aquilina
Martin Aquilina
Subject Expertise
Commercial Contracts
,
Dispute Resolution
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Emilia Shi
Emilia Shi
Subject Expertise
Capital Markets & Securities
,
Commercial Contracts
,
Corporate
,
Dispute Resolution
,
Employment
,
China
Henry Guo
Henry Guo
Subject Expertise
Commercial Contracts
,
Corporate
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Private Equity / Venture Capital (PE/VC)
,
China
Wei Lin
Wei Lin
Subject Expertise
Commercial Contracts
,
Corporate
,
Dispute Resolution
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Frank Lin
Frank Lin
Subject Expertise
Corporate
,
Commercial Contracts
,
Foreign Direct Investment
,
Private Equity / Venture Capital (PE/VC)
,
Mergers and Acquisitions
,
China
Susan Wang
Susan Wang
Subject Expertise
Corporate
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Other
,
Commercial Contracts
,
China
Kun Tong
Kun Tong
Subject Expertise
Banking
,
Corporate
,
Capital Markets & Securities
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Phil Wang
Phil Wang
Subject Expertise
Corporate
,
Commercial Contracts
,
Capital Markets & Securities
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
China
Katherine Liu
Katherine Liu
Subject Expertise
Foreign Direct Investment
,
Mergers and Acquisitions
,
Corporate
,
Dispute Resolution
,
China
Mary Mao
Mary Mao
Subject Expertise
Corporate
,
Commercial Contracts
,
Mergers and Acquisitions
,
Bankruptcy & Insolvency
,
Foreign Direct Investment
,
China
Andy Qian
Andy Qian
Subject Expertise
Commercial Contracts
,
Corporate
,
Foreign Direct Investment
,
Mergers and Acquisitions
,
Private Equity / Venture Capital (PE/VC)
,
India
Abhishek Esq.
Abhishek Esq.
Subject Expertise
Dispute Resolution
,
Commercial Contracts
,
Corporate
,
Criminal Defense
,
Employment
,
Brazil
Allex Estolano
Allex Estolano
Subject Expertise
Banking
,
Capital Markets & Securities
,
Regulatory Compliance
,
Commercial Contracts
,
Corporate
,
U.S.
Connie Dai
Connie Dai
Subject Expertise
Commercial Contracts
,
Corporate
,
Employment
,
Foreign Direct Investment
,
Other
,
Indonesia
Fenny Tohir Tohir
Fenny Tohir Tohir
Subject Expertise
Dispute Resolution
,
Banking
,
Bankruptcy & Insolvency
,
Capital Markets & Securities
,
Commercial Contracts
,
China
Palmer Wang
Palmer Wang
Subject Expertise
Mergers and Acquisitions
,
Commercial Contracts
,
Dispute Resolution
,
Bankruptcy & Insolvency
,
Corporate
,
Indonesia
Roni Marpaung
Roni Marpaung
Subject Expertise
Dispute Resolution
,
Bankruptcy & Insolvency
,
Criminal Defense
,
Crisis Management
,
Other
,
Indonesia
oswald soaloan
oswald soaloan
Subject Expertise
Bankruptcy & Insolvency
,
Dispute Resolution
,
Commercial Contracts
,
Foreign Direct Investment
,
Landlord and Tenant matters
,
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