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Chinese Commercial Law:
                       A Practical Guide

                       Book Introduction




C R&P China Lawyers                            Shanghai 2012
T +86 21 6173 8270
E info@rplawyers.com                       www.rplawyers.com
INTRODUCTION


• Chinese Commercial Law:
  A Practical Guide

• Author: Maarten Roos
• Publisher: Kluwer Law International

• Publication: October 2010


                                        <2 of 13>
Goal

• To provide a thorough introduction of the key
  legal challenges and solutions when operating
  in China or doing business with Chinese
  counterparts.

• With this book, foreign managers can devise a
  suitable corporate strategy and avoid legal
  pitfalls.

                                            <3 of 13>
Structure


                 Legal
               Challenges


        Practical       Real-life
        Solutions       Examples



                                    <4 of 13>
Topics
• How to negotiate a contract that can be enforced against a
  Chinese counterpart

• What kind of due diligence should be performed on a
  prospective partner

• How to resolve disputes through negotiation, arbitration and
  litigation

• How to establish and enforce trademarks, patents and other
  intellectual property rights

                                                          <5 of 13>
Topics (2)
• What investment vehicles are available, and what are their
  benefits / drawbacks

• When to consider establishing a joint venture

• How to exit the Chinese market and how to get funds into and
  out of China

• How to ensure both tax compliance and tax efficiency

• How to avoid criminal liabilities when doing business in China
  And much more….                                           <6 of 13>
Contents

• Doing business with Chinese companies:

      Structuring business relations with Chinese companies

      Resolving disputes in China or with Chinese companies

      Sourcing from and distributing in China

      Protecting and enforcing IP rights in China



                                                           <7 of 13>
Contents (2)
• Investing in China

      Establishing a subsidiary in China

      Pros and cons of joint ventures

      Expanding into China through Mergers & Acquisitions

      Planning for and implementing exit strategies



                                                             <8 of 13>
Contents (3)
• Operating in China

      Organizing corporate governance in China

      Hiring and terminating employees

      Financing subsidiaries and repatriating investments

      Paying taxes compliantly and efficiently

      Avoiding criminal liabilities in Chinese business
                                                             <9 of 13>
Read More?
• Extracts from Chinese Commercial Law: A Practical Guide are
  available at www.rplawyers.com

• Where to purchase Chinese Commercial Law: A Practical
  Guide:
    www.kluwerlaw.com, www.amazon.com and most other
     (online) bookstores.

• Comments and questions are welcome at
  info@rplawyers.com


                                                          <10 of 13>
Companies that want to do business in China may benefit to contact a
professional services firm such as R&P China Lawyers to understand
the best approach. If you would like a free-of-charge discussion on
how we could assist you, please contact us:


Email: info@rplawyers.com

Tel: (+86) 21 6173 8270

Fax: (+86) 21 6173 8275

www.rplawyers.com

It is also a good idea to gain a preliminary understanding of the issue, by reviewing
materials such as introductions and articles which are free and easily available online.
One convenient place to find more information on the legal aspects of doing business
in China, including: ‘Guides on Establishing a Chinese Company’, ‘Delaying with
Chinese Customers and Suppliers’, ‘Protecting Intellectual Property’, ‘Hiring
Employees’, and ‘Dealing with Disputes’ is at www.rplawyers.com .

© R&P China Lawyers 2012
                                                                                           <11 of 13>
About R&P China Lawyers
Foreign-managed Chinese PRC Law Firm

                 Corporate /  Investment
                 Commercial Transactions
                 Employment
                 Intellectual Property
                 Taxation / Forex / Customs
                 Dispute Resolution

                                               2011




                                           <12 of 13>
Good luck in your China venture!


Shanghai 2012                         www.rplawyers.com

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Chinese Commercial Law

  • 1. Chinese Commercial Law: A Practical Guide Book Introduction C R&P China Lawyers Shanghai 2012 T +86 21 6173 8270 E info@rplawyers.com www.rplawyers.com
  • 2. INTRODUCTION • Chinese Commercial Law: A Practical Guide • Author: Maarten Roos • Publisher: Kluwer Law International • Publication: October 2010 <2 of 13>
  • 3. Goal • To provide a thorough introduction of the key legal challenges and solutions when operating in China or doing business with Chinese counterparts. • With this book, foreign managers can devise a suitable corporate strategy and avoid legal pitfalls. <3 of 13>
  • 4. Structure Legal Challenges Practical Real-life Solutions Examples <4 of 13>
  • 5. Topics • How to negotiate a contract that can be enforced against a Chinese counterpart • What kind of due diligence should be performed on a prospective partner • How to resolve disputes through negotiation, arbitration and litigation • How to establish and enforce trademarks, patents and other intellectual property rights <5 of 13>
  • 6. Topics (2) • What investment vehicles are available, and what are their benefits / drawbacks • When to consider establishing a joint venture • How to exit the Chinese market and how to get funds into and out of China • How to ensure both tax compliance and tax efficiency • How to avoid criminal liabilities when doing business in China And much more…. <6 of 13>
  • 7. Contents • Doing business with Chinese companies:  Structuring business relations with Chinese companies  Resolving disputes in China or with Chinese companies  Sourcing from and distributing in China  Protecting and enforcing IP rights in China <7 of 13>
  • 8. Contents (2) • Investing in China  Establishing a subsidiary in China  Pros and cons of joint ventures  Expanding into China through Mergers & Acquisitions  Planning for and implementing exit strategies <8 of 13>
  • 9. Contents (3) • Operating in China  Organizing corporate governance in China  Hiring and terminating employees  Financing subsidiaries and repatriating investments  Paying taxes compliantly and efficiently  Avoiding criminal liabilities in Chinese business <9 of 13>
  • 10. Read More? • Extracts from Chinese Commercial Law: A Practical Guide are available at www.rplawyers.com • Where to purchase Chinese Commercial Law: A Practical Guide:  www.kluwerlaw.com, www.amazon.com and most other (online) bookstores. • Comments and questions are welcome at info@rplawyers.com <10 of 13>
  • 11. Companies that want to do business in China may benefit to contact a professional services firm such as R&P China Lawyers to understand the best approach. If you would like a free-of-charge discussion on how we could assist you, please contact us: Email: info@rplawyers.com Tel: (+86) 21 6173 8270 Fax: (+86) 21 6173 8275 www.rplawyers.com It is also a good idea to gain a preliminary understanding of the issue, by reviewing materials such as introductions and articles which are free and easily available online. One convenient place to find more information on the legal aspects of doing business in China, including: ‘Guides on Establishing a Chinese Company’, ‘Delaying with Chinese Customers and Suppliers’, ‘Protecting Intellectual Property’, ‘Hiring Employees’, and ‘Dealing with Disputes’ is at www.rplawyers.com . © R&P China Lawyers 2012 <11 of 13>
  • 12. About R&P China Lawyers Foreign-managed Chinese PRC Law Firm  Corporate / Investment  Commercial Transactions  Employment  Intellectual Property  Taxation / Forex / Customs  Dispute Resolution 2011 <12 of 13>
  • 13. Good luck in your China venture! Shanghai 2012 www.rplawyers.com