How Do I Decide Which Type of Foreign Entity to Use When Taking My Company Overseas?
In two recent posts, How To Succeed When Taking Your Company Overseas and Do I Always Need to Form a Company in a Foreign Country?, I discussed some common issues companies need to wrestle with when deciding whether and how to take their company overseas. Among those are the pitfalls of having a foreign entity
Do I Always Need to Form a Company in a Foreign Country?
In yesterday’s post (How To Succeed When Taking Your Company Overseas) I briefly mentioned one of the most common problems companies face when going international: having a foreign entity when you do not really need one (and relatedly, having the wrong type of foreign entity, which I will discuss in a future post). This mistake
How To Succeed When Taking Your Company Overseas
We international lawyers often get calls and emails from companies looking to set up a subsidiary or other company overseas. This is one of the most exciting but also daunting prospects for a company more accustomed to domestic laws, regulations, financiers, and business partners. In this post, we will briefly look at the key things
Luckin Coffee Files for Bankruptcy in the United States: This is Your Due Diligence Reminder
Most China watchers have spent the past three months trying to decide what a Biden Presidency means for U.S.-China relations. And over the past week, some China watchers also have been watching as mainland Chinese users flocked to discussions on the Clubhouse app, seemingly without sparking concern among Great Firewall monitors. That brief window into
How to Destroy Your Company By Piling on China Risks: But Wait, There’s More. . . .
Got an email the other day enclosing a link to a Globe and Mail article, Vancouver miner says China trying to steal Xinjiang gold mine, and stating the following: I literally chuckled when I read this. Only for the reason that it pretty much checked off every point you have warned about. They certainly would
China’s Nationalist Agenda Behind Its Opening Up to Foreign Banks
In a recent op-ed, I wrote how the controversy over Disney’s Mulan embodies some of the ethical dilemmas and pitfalls that face companies doing business in China. On one hand, to maintain their presence in China these companies must comply with the demands and expectations of the Chinese Communist Party (CCP). On the other hand,
China Mergers and Acquisitions: When Your Due Diligence Says Don’t Do It
My law firm’s international lawyers do a significant amount of transactional work, which we call “happy law.” It’s generally happy because the buyer and seller largely know what they want from the other side and they have already agreed in principle on what the deal will look like. Both sides bring in transactional lawyers like
So You Want to Take Your Business Global?
We were prompted to write this post by talk that Mexico should consider joining the RCEP (Regional Comprehensive Economic Partnership). But how many Mexican companies can really take advantage of the opportunities these sorts of trade agreements bring? How many Mexican companies are in a position to penetrate other markets? There’s nothing wrong with internationalism, but as
International Acquisitions and the Political and Regulatory Risks That Derail Them
Lately we have seen an uptick in international M&A work – some of it from China, some of it to China, some with other China alternative countries, like India and Malaysia, and some of it within the U.S. relating to U.S. subsidiaries owned by foreign companies. This increase coincides both with the world partially thawing