Global Presence

ACTUALITE DU CABINET

Supporting your business in China  1024 Kb    Supporting your M&A activity in China  83 Kb    China Consumer Goods Group  91 Kb    China Real Estate, Construction and Environment group  72 Kb    Aperçu du droit du travail chinois (mai 2008)  77 Kb    Letter from China n°12 (april 2008)  1256 Kb    CMS Guide to Principal Hotel-Specific Laws in Europe and China (spring 2008)  2137 Kb    Letter from China n°11 (november 2007)  149 Kb    Letter from China n°10 (june 2007)  991 Kb    Letter from China n°9 (march 2007)  324 Kb    Lettre de Chine n°8 (novembre 2006)  298 Kb    Lettre de Chine n°7 (août 2006)  326 Kb    Lettre de Chine n°6 (mars 2006)  1998 Kb    Lettre de Chine n°5 (novembre 2005)  556 Kb    Lettre de Chine n°4 (juillet 2005)  308 Kb    Lettre de Chine n°3 (avril 2005)  245 Kb

Four reasons to choose our firm

• a solid knowledge of the law and practices in China, based on hundreds of cases；
• a large network of relations within the Chinese administration established during the preceding 25 years of CMS Alliance China related work；
• a good understanding of clients business through CMS Industry Focus Groups；
• an excellent balance between experienced Chinese and European legal adviser.

Our expertise

Foreign Direct Investment
We provide comprehensive legal advice and assistance in establishing a presence in China, including:

• investment strategy and structure;
• establishment of contractual joint ventures, equity joint ventures and wholly foreign-owned enterprises;
• establishment of holding companies in China and in offshore jurisdictions;
• establishment of representative offices; and
• negotiation with governmental authorities and accompanying
  the examination and approval process.
  

Corporate Restructuring and M&A
We assist clients in restructuring their PRC operations and integrating their PRC involvement into their global strategy. Our experience includes:

• conversion of joint ventures into wholly foreign-owned enterprises;
• documentation and contract drafting;
• support in negotiations;
• acquisitions, divestments;
• shareholders' agreements;
• legal due diligence;
• acquisition of shares and assets of foreign investment enterprises as well as of domestic Chinese enterprises;
• liquidation of foreign investment enterprise; and
• capital increases and related by-laws amendments.

• distribution, retail and franchise strategies;
• establishment of wholesale, trading and retail companies;
• draft and review of import and export, agency, logistics, distribution and franchise contracts; and
• draft and review of standard terms and conditions.
  

• general taxation on income tax, VAT, and business tax;
• tax efficient planning of investments and transactions;
• transfer pricing;
• taxation of real estate investments; and
  
• tax optimisation of expatriates.

• loan agreements;
• documentation and registration of foreign and RMB exchange loans to foreign investment enterprises; and
• creation, registration, and enforcement of guarantees and security interest such as share pledges or mortgages.

• draft the documents necessary for establishing foreign invested insurance companies; and
• review insurance policies

• draft of design and construction contracts; and
• assistance in obtaining all necessary governmental approvals and permits

• advice on the acquisition and transfer of land use rights and draft of contracts;
• advisice on the acquisition and transfer of real property and draft of contracts;
• advice on and draft lease contracts; and
• due diligence and title verification
  

• secondment contracts for foreign employees;
• employment contracts for foreign and/orChinese employees;
• employee handbook, employment policies and procedures;
• social security policy;
• legal issues arising from redundancy layoffs and restructuring; and
• termination of employment.
  

• draft and negotiation of technology transfer contracts;
• assistance during the registration and/or protection of trademarks, patents, copyrights, domain names, know-how, trade secrets, and company names in the PRC;
• advise on trademark, patents and know-how licence agreements;
• advise on anti-counterfeiting strategies; and
• enforcement of intellectual property rights.

• licensing and concession issues, including production sharing agreements;
• pipeline construction, transportation and associates issues;
• joint operating agreements and unit operating agreements;
• oil and gas field service contracts;
• procurement and competition issues;
• gas transportation and supply agreements, including supply for power generation;
• LNG and gaz sales and purchases; and
• carbon emission reduction certificates transaction agreements.