Our lawyers in China provide a wide range of legal services for foreign entrepreneurs interested in doing business in one of the major economies of the world that offers important business opportunities. The foreign investors can benefit from professional services and assistance before starting a business in China and after the beginning of their economic activity. Our attorneys in China can assist in various legal fields, such as business law, tax planning, insolvency, liquidation of companies, consulting etc.
|Commercial litigation assistance offered by our law firm in China||
– breach of contract,
– shareholder and director disputes,
– legal representation and trial services
Company formation in China
Legal assistance offered by our lawyers in China during the incorporation of a company, including applying for special permits and licenses.
Legal counseling for:
– financial issues,
– loan and security documentation,
– other related issues
– employment agreements,
– employee termination,
– labor litigation,
– protection of employee data
|International investments in China||
Legal assistance for:
– mergers and acquisitions,
– branches or franchises etc.
Legal counseling by our lawyers in China to help you comply with tax regulations and VAT registration in China.
Thorough help during the insolvency and bankruptcy proceedings, including assistance for creditors.
Assistance for trademark application, copyright infringement cases and with other IP rights issues.
|Debt recovery services offered by our law firm in China||
– amicable debt recovery,
– debt collection by court proceedings if needed
|Real estate issues||
– property sale and purchase for corporate investors,
– real estate due diligence,
– transfer of real estate ownership
Legal help for individuals who buy or sell residential property in China.
– discrimination at work,
– unfair dismissal,
– disciplinary action,
|Civil litigation assisted by our experts||
Legal guidance and representation in instances involving civil law, such as: personal injuries, small claims, negligence in civil cases etc.
|Divorce and family law||
– applications for divorce in China,
– wills and probate,
– adoption and surrogacy,
– child support and custody,
– the partition of property after divorce
|Immigration to China||
– application for a work permit, a retirement visa, or other visas,
– extensions of a resident permit,
– Chinese citizenship etc.
Tannet Group Limited provides business services since 1999 and proudly offered extensive support and certified advice to more than 60,000 clients from approximately 130 countries worldwide. The assistance offered by Tannet Group Limited is provided at an international scale, with the mention that the business specialists and lawyers offered in-depth support for thousands of investors and business persons from countries like: Japan, Indonesia, France, Canada, Thailand, USA, South Korea, Australia, Liechtenstein, India and Malaysia.
Even if there are certain restrictions for foreign citizens who want to invest in China, there are also multiple economy sectors that offer important business opportunities. If you need to enter the Chinese market and expand your business or start a new company, you may contact our lawyer in China. In this country, there are nearly 100 economic sectors where the authorities impose certain restrictions on foreigners. Our attorneys in China can guide you through the local regulations and help you start your business according to the present local laws.
Litigation in China
If you have a litigation in China and you need a local lawyer to represent you in front of the court, you may contact our Chinese law firm. Our lawyers are authorized to plead in any court, where the litigation is: the Supreme Court, appeal courts or courts of the first instance. You may also need a Chinese lawyer when you are facing a debt collection and you need to recover your money from your business partners. Our Chinese attorneys will help you be informed of the whole procedure and take the legal steps for debt recovery, starting with the demand letter to the representation in front of a local court.
After a case has been judged, it is enforced by the enforcement agency or by a court of first instance. There is a time limit for enforcing an effective judgement, usually, two years after the date the judgment enters into force. Judgements made by foreign courts cannot be directly enforced in China. Foreign courts can apply for recognition and this is done based on existing international agreements with the People’s Republic of China. The recognition and enforcement will usually be judged according to the principle of reciprocity: if a preceding similar case existed in the past and it allowed for the enforcement of the judgments between China and the said foreign country.
Because court litigation is somewhat more complicated in China and it is often hindered by the language barrier, many investors in China will choose to solve their commercial or business disputes using arbitration. The Civil Procedure Law of the People’s Republic of China recognizes this alternative dispute resolution method although similar conditions apply for foreign judgments. The foreign country issuing the arbitration judgment must be part of an existing convention with China. A Chinese arbitration commission handles the arbitration procedure and it is governed by the Arbitration Law. Furthermore, our lawyers in China can offer you their services if you are facing divorce proceedings in China. Being a foreigner, facing divorce without the help of divorce lawyers in China could be difficult for you. To assist you in the whole proceedings, you are welcome to get in touch with our attorneys. They will not only guide you but practically assist you throughout the divorce proceedings, child custody, and assets distribution-related matters.
Assistance in debt collection provided by our lawyer in China
If partners or companies in China can no longer pay the debts as stipulated by documents, then a debt collection is suggested. Our Chinese attorneys are at your disposal with complete legal support when the debt recovery procedure is initiated. The negotiation process and the verification of the debts can be made by our team of lawyers.
Open a company in China
A foreign investor who wants to set up a company in China needs a few details before registering his/her company. He/she may be interested in what type of company suits best to his/her business, the procedure for incorporation, the documents required by the Chinese authorities etc. Our law firm in China can offer all these details and help the foreign citizen register companies without traveling to China. For accounting services, rules for hiring employees, virtual office and other additional services, the foreign entrepreneur may contact our Chinese lawyers. The most common type of business chosen by foreign entrepreneurs in China is the wholly foreign-owned enterprise (WFOE). Other types of companies are presented by our lawyer in China, who can help you with company incorporation procedures:
- partnership enterprise for foreign investors who want to open small businesses;
- representative office to test and verify the market without trading activities;
- joint ventures for professional and experienced business persons in China;
- Hong-Kong company under certain conditions which can be explained by our advisors.
Foreign investors who open companies abroad should know that the incoporation requirements are different from one country to another. For example, if you open a company in Canada, as a non-resident, you should choose if you want to register it at a federal, provincial or territorial level. The incorporation process takes only one day in this country, while in China it may last up to eight days.
We also offer support in immigration to China. Furthermore, if you are interested in trademark registration in China, the services of our lawyers are at your disposal. Please keep in mind that China is a first-to-file country, which means that whoever registers the trademark first will have exclusive rights to distribute and sell the products. Registering your trademark should be your priority in China because if problems arise, you may be unable to sell your products in this country.
How to register a company with the Trade Register in China
Company registration is a necessary step for every investor who wants to start a company and do business in China. Several stages need to be completed before registering a company in China. These include the following:
• Name search and reservation – prepare three or four company names (in Chinese) and submit them with the local industry and commerce administration bureau. They will confirm the name availability and reserve it for your business. The reservation is valid for six months, with the possibility of extension. The name search and reservation take one working day to complete;
• Examination and approval – after the company name is reserved, you need to obtain the approval for the investment project from the Shanghai Municipal Commission of Commerce. A series of documents need to be submitted in order to acquire this approval. A maximum amount of 30 working days are necessary for completing this step;
• Registration for business license – once the approval certificate is issued, you need to register your business with the Administration for Industry and Commerce. This usually takes 15 working days to complete.
Company registration in China requires the payment of several fees such as: official registration fees, translation and legalization fees. Depending on the type of business you want to register, these fees may vary. We kindly invite you to contact our attorneys in China if you need further information about the company registration fees.
We invite you to watch a short video about how to set up a company, helped by our lawyer in China:
When dealing with such a different economic environment like China, a foreign investor must be aware of the taxation system and the legal methods for minimizing the taxes a company has to pay. Our lawyers in China can assist with tax issues and may offer you information about financial matters that may bother you especially at the beginning of your economic activity.
How can I buy a property in China?
Foreigners looking to buy a property in China should know that such purchase is subject to a preliminary contract comprising information about the owners, the price and the history of the accommodation, apartment, etc. It is good to know that foreign citizens can acquire only one property in China, as the main condition, and if they have lived for at least one year in this country. Moreover, a property in China cannot be purchased for renting purposes, but for other legal conditions, we invite you to get in touch with our advisors and find out extra information.
We also have experienced immigration lawyers in China who can help you move here.
Power of attorney in China
Business owners in China can issue a power of attorney for their company representatives in order for them to handle specific activities in the company. Such an important document must offer comprehensive information about the responsibilities of the person for which the power of attorney has been issued. In most cases, the power of attorney is solicited for tax payments, leasing matters, management interests and many more. Performing different activities in a firm might be subject to a power of attorney and legal representation. Please feel free to talk to us about the requirements for obtaining the power of attorney.
Business consulting in China
Looking to incorporate a business in China as a foreign investor? You might want to find out information about the business climate, the conditions involved and the ways in which you can thrive in this country. A foreign entrepreneur in China can ask us about how the company incorporation is made in China, the management of the firm plus legal assistance for the board of directors. Legal counseling and representation in front of the Chinese authorities are mandatory for foreign investors who are not accustomed to the business etiquette in China and the regulations related to company formation. As it is known, doing business in Asia might be subject to other obligations and requirements compared to the ones imposed in Europe, Africa or America. If you would like to be safe from an investment point of view, we suggest you address your inquiries to our team of attorneys in China and find out what are the legal services we can provide for your business.
Liquidate a company in China
For the liquidation of a company in China, a foreign investor must follow a few steps and conform to the local legislation. Our lawyers in China will help you with the legal procedures and you can rely on their advice if you want to be sure that you won’t have any problems in the future due to the legal aspect of closing your company. No matter the type of liquidation you choose for your firm, our attorneys in China will follow the legal regulations and will also help you in case of insolvency or bankruptcy.
Frequently asked questions
China encourages foreign investments and entrepreneurs can open a business here. However, it is recommended to request the services of a professional lawyer based in China who can assist you throughout the procedure.
China controls foreign investments through a series of laws and regulations. Foreign entrepreneurs must observe the rules regarding a foreign company ownership and the types of structures they can set up in China. Our lawyers in China can help you with information about these rules and regulations.
Yes. Import and export activities and other businesses are regulated and entrepreneurs need to obtain special licenses or permits to be able to conduct commercial activities.
A company can be liquidated by a mutual shareholder decision or through a court order. Regardless the case, the company will need to be de-registered and the creditors will have to be paid.
Foreigners can purchase properties in China, however, it is advisable to perform a real estate due diligence procedure before concluding the final sales agreement.
Yes. The visa will be issued according to the purpose of the visit: travel or business. However, for permanent immigration to China, you will need to obtain residency first.
Foreigners can apply for a Chinese resident permit. However, approval is subject to certain criteria. You can obtain more information on residence permits from our immigration lawyers in China.
The Chinese employment law includes obligations for the employer, but also for the employee and the manner in which a business/employment relationship can be terminated.
For details about the legal services offered by our law firm in China, you may contact our attorneys in China.