The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide

PRC Company & Securities Laws - A Practical Guide provides an overview of the history of the PRC Company Law and Securities Law, as well as the significance of the 2005 amendments. This title also provides a clear and authoritative account of these two national laws in the form of annotations and addresses all the key aspects of China's corporate governance and stock market from a legislator's perspective. Topics in this title include: - Legislative Background of the 2005 Company Law Amendments - Legislative Background of the 2005 Securities Law Amendments - Impact on Foreign Investments - Company Law and Annotation - Securities Law and Annotation - Related Regulations PRC Company & Securities Laws - A Practical Guide is an ideal reference tool for legal practitioners, professionals, in-house counsels and academics who handle these issues discussed in the Company and Securities Laws.

Written by a team of distinguished Chinese practitioners (plus a securities regulator and a law professor), China Company Law Guide offers non-Chinese lawyers and business people a clear, authoritative, and up-to-date guide to the law governing the conduct of business in China today. The treatment emphasizes the practical applications of the law that are encountered on a daily basis, but always in the light of theoretical and jurisprudential underpinnings. The chapters offer a detailed and systematic analysis of such categories and aspects of company law, in the Chinese context, as the following: general rules of incorporation and registration; limited liability companies; companies limited by shares; listing of shares and listed companies; corporate governance; financial accounting and reporting; corporate bonds; mergers and subdivisions; insolvency, dissolution and liquidation; and foreign company's branch and foreign investment holding companies. The book includes the full texts, in both Chinese and English, of the Chinese Company Law and other relevant legislation. Company Law in China will be of immense value to company managers and their support persons, corporate lawyers, and other business, legal, and regulatory professionals concerned with business activity and investment in China. This book was originally published by CCH Asia as the loose-leaf China Company Law Guide This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market.

This book presents the essential knowledge and legal practice for establishing and operating companies in China. The book includes 6 chapters: Establishment of a Company; Shareholders, Directors, Supervisors, Senior Executives; Investment, M&A and Creditor's Rights; Financing and Guarantee; Alteration, Liquidation and Cancellation; Malfeasance Most Likely to be Overlooked. The end is a summary of the laws and regulations involved in the chapters above. From a professional perspective, this book explains and analyzes the key points, practical difficulties and potential risks that an enterprise may encounter in the process of establishment and operation, describes in detail the key points for handling various businesses and matters, the notes for selection of different administrative procedures, and conducts multi-dimensional comparison and case analysis to facilitate readers' understanding. This book is a practical guide for everyone to understand how to establish and operate a company in China, which is not only suitable for readers who want to start a business or have already started a business, but also suitable for overseas investors to fully understand how to establish and operate a company in China. It is also helpful for investors and entrepreneurs to lead the enterprise to be more standardized and more compliant so as to achieve better operation and development. In addition, this book could be used as a reference book for legal and financial professionals to help professionals become more professional.

This popular and authoritative guide offers a comprehensive overview of business law in the People's Republic of China and the implications for foreign companies operating there.It provides valuable analysis of all pertinent laws and their practical application, with detailed attention to the following topics: the legal system constitutional, criminal and civil law business organizations contract law technology transfer foreign investment representative offices foreign exchange control banking and finance dispute settlement taxation insurance and labour intellectual property customs, import and export counter trade land law special investment areas precedents and forms environmental protection Emphasizing practical aspects, China Business Law Guide will be of immeasurable value for foreign investors seeking to gain a good working knowledge of doing business in China within its legal framework. This title forms part of the Asia Business Law Series. The Asia Business Law Series is published in cooperation with CCH Asia and provides updated and reliable practical guidelines, legislation and case law, in order to help practitioners, policy makers and scholars understand how business is conducted in the rapidly growing Asian market. This book was originally published by CCH Asia as the loose-leaf China Business Law Guide

This book provides useful tools and information to help readers understand the key factors involved in organizing, structuring and managing a company in China. It achieves this by focusing on the critical issues that foreign investors and professionals encounter in China and using a clear and practical overview of Corporate Governance, Structure and Management of Foreign-Invested Enterprises under Chinese Law following the introduction of the 2015 Draft Foreign Investment Law. This latest reform project will likely have a major impact on the investment landscape, as it calls for the replacement and unification of the three Foreign Investment Laws currently in place, resulting in important changes in the legal framework governing foreign investments.The book examines company structures, together with their functions and relevant liabilities. Further, it addresses the respective positions held in a company in order to better understand the stakes each holds in Corporate Governance: the shareholders, legal representative, board of shareholders, board of directors, board of supervisors and the general manager. Unique aspects of the Chinese company system are also highlighted, such as company seals, shareholders' rights and potential company deadlock. As such, the book represents an essential overview of the current concerns regarding Corporate Governance in China, offering readers a broad perspective on the Chinese legal system and answers to the most frequent questions that arise.

If youand’re thinking of setting up business in China, youand’ll have to know the procedures under China law which allow you to do that. If youand’re planning to stay in business in China, you should know how the law will approach various contingencies likely to arise and– some of them to be expected, some of them perhaps unpleasant surprises. While there are of course many resources that offer you help in this regard, China Master Business Law Guide: Commentary and Analysis sets itself apart with detailed and systematic analysis that brilliantly exposes the commercial realities of investing in China. It brings together in one accessible publication a discussion of all Chinaand’s laws affecting business, in conjunction with each lawand’s practical application in virtually any situation likely to arise. Emphasising practical matters, the commentary is specially designed to help foreign investors and legal practitioners gain a sound working knowledge of doing business in China within its legal framework. Along with its two forthcoming companion guides and– which will provide cases and legislation and– this guide will be there for you with quick, authoritative answers, every time. All pertinent legal areas are covered, including thorny issues arising from technology transfer, foreign exchange control, dispute settlement, taxation, insurance, labour, intellectual property, countertrade, land law, special investment areas and environmental protection. There is a comprehensive, well-structured index and a section finding list to facilitate easy location of information