The 2017 ‘Negative List’ Has Been Officially Issued

Categories: Blog, Business In China, Foreign Direct Investments, Legal Updates | By Cathy Deng

Negative List China

  China’s infamous attempt at exercising control over its inbound foreign investments is embodied by the yearly issuance of the Catalogue for the Guidance of Foreign Investment Industries (the Catalogue). For many years, this Catalogue listed encouraged industries where foreign investments were encouraged along with a list of industries where foreign investment was either restricted…

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Administrative Law in China: What You Need to Know

Categories: Arbitration and Litigation, Foreign Direct Investments | By Teo Doremus

  Like many countries, China has numerous state agencies that make decisions that affect Chinese companies, consumers, and citizens on a daily basis.  These agencies decide on various matters such as the compensation to be given to a Chinese citizen whose property is seized for the purpose of building high-rise apartment buildings as cities expand…

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The Reinstatement of an Employee Under Chinese Law

Categories: Arbitration and Litigation, Blog, Business In China, Foreign Direct Investments, Labor and Employment Law | By Cathy Deng

If you are a Chinese employer and have terminated an employee, it is highly likely the employer may seek redress through the courts in an effort to rescind their termination and be reinstated. Chinese employment law is extremely employee friendly and there are very limited circumstances under which an employee can be terminated when compared…

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How to Set up a WFOE in 2017

Categories: Business In China, China 101, Foreign Direct Investments | By Teo Doremus

  In 2016, China’s government passed a new foreign investment law (the Foreign Invested Enterprises Law) designed to make the PRC a more attractive environment for foreign investors.  In connection with this new law, the Chinese government, through the Ministry of Commerce (MOFCOM), also issued new regulations regarding the formation and registration of wholly foreign-owned…

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Franchising in China: An Excellent Business Opportunity But One Not to Take Lightly

Categories: Business In China, China 101, Foreign Direct Investments | By Kristy Guo

Franchising American restaurants in China was recently in the news amid reports that fast food giant McDonald’s has sold its mainland China and Hong Kong businesses to a consortium between the state-owned Chinese conglomerate Citic and the American private equity giant Carlyle Group for $2.03 billion. Among the key points of the deal was that…

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Should You Be Legal Representative in China?

Categories: Business In China, China 101, Foreign Direct Investments | By Teo Doremus

Under Chinese law, every company must have a legal representative when starting a company or opening a new business in the PRC.  A company’s legal representative is the individual who serves as the legal embodiment of the company’s interests for purposes of the Chinese government.  His or her name appears on the company’s business license…

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Should You Register Your Trademark in Chinese?

Categories: Business In China, Foreign Direct Investments, Intellectual Property | By John Tan

Many foreign businesses are reluctant to register their brand name into Chinese, assuming that the brand will be recognizable, distinctive, and protected by one trademark filing. In reality, it is critical to ensure that the trademark name is also registered in Chinese. To begin with, it is important to understand that if the trademark is…

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New China’s Work Visa: A Welcome Change or Reason to Worry?

Categories: Business In China, Foreign Direct Investments, Legal Updates | By Gray Liu

  In a recent development that could either spell great news or a reason for fear for foreign workers in China, on September 9, 2016, China’s State Administration of Foreign Experts Affairs (“SAFEA”), one of two Chinese government agencies currently charged with administering China’s visa program for foreign workers, announced major changes to China’s visa…

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China Cracking down on Malicious Trademark Registrations

Categories: Arbitration and Litigation, Business In China, Foreign Direct Investments, Intellectual Property | By Teo Doremus

What does a deck of playing cards and a lighter have in common? ‘Nothing’, one could argue. On December 30th 2015, the Beijing No.1 Intermediate People’s Court argued otherwise and endorsed a creative argument in a case involving the world’s largest playing card manufacturing company and a malicious trademark applicant. The United States Playing Card…

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