1. China is Cracking Down on Foreigners China has laws and it enforces its laws. And like pretty much every country in the world, China enforces its laws unevenly. By unevenly, I mean it is not uncommon for China to enact a law and then not enforce it for a few years and then all
Contents of this Article: Employer Rules and Regulations Are Key to China Employer Compliance Chinese Law Requires Every Full-Time Employee to be Hired Pursuant to a Written Employee Contract Employer Audits Employee Terminations With China’s economy in decline and so many foreign companies in China laying off employees, it should come as no surprise the
China Does Not Have an Attorney-Client Privilege In the United States and much of the rest of the world, private communications between a lawyer and their client that cannot be disclosed without the client’s consent. This is not the case with China. The Critical Risks of No Attorney-Client Privilege in China In China, the fundamental
China today announced that it will be ridding China of unreliable people and companies. See China is establishing an ‘unreliable entities’ list that will include companies and people. Specifically, China’s Ministry of Commerce announced it will kick out of China “foreign enterprises, organizations and individuals that do not comply with market rules, violate the spirit
Our clients are always asking us how they should set the employment term — especially the initial employment term — in their China employment contracts. The short answer is the typical lawyer answer: it depends on the situation. This being said, for new employees, our China employment lawyers usually recommend a three year initial term.
When my law firm represents a company that provides services to Chinese companies, we start by focusing on the payment terms. If the Chinese company will not be paying our client the entire amount upfront — which rarely happens — our China lawyers need to draft the contract to ensure our client gets paid. The
Old pirates, yes, they rob I Sold I to the merchant ships — Bob Marley’s Redemption Song 1. The Canton Fair The 125th Canton Fair will kick off on April 15th. For those unfamiliar with this event (formally known as the China Import and Export Fair), it is China’s largest trade show, held biannually in
1. Who Should Own Your China Subsidiary? One of the first tasks in forming a subsidiary company in China (often referred to as a WFOE or Wholly Foreign Owned Entity) is to determine what entity will be the shareholder of the subsidiary company. It is possible for an individual or individuals to own a China
China Enforces Good Contracts Contrary to popular belief, China’s legal system offers robust mechanisms for contract enforcement, outperforming not only common perceptions, but also the judicial systems of the United States, Canada, and the United Kingdom in efficiency. At least this is what the World Bank said in its last (2020) report ranking countries on
One of the most important things our China attorneys do with every contract we write is to determine who exactly is on the other side. This is often no small feat. If things go smoothly, our client asks us to write a contract with XYZ Mainland Chinese Company and we research XYZ Mainland Chinese Company
