Our international law firm in China offers a wide range of legal services suited for every business’s need and for foreign investors interested in starting a business in this country or who meet different legal issues during their economic activities. Among the legal services our lawyers in China provide, there are: assistance for company formation, corporate and commercial litigation, tax advice and planning and legal advice in civil matters like marriage or divorce.
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Set up a company in China
Foreign entrepreneurs worldwide are attracted by the business opportunities offered by one of the most important economies on the Globe. They can benefit from these opportunities if they open a company in China, helped by our local attorneys. The foreign citizens don’t have to travel to China to handle the incorporation procedures because they can give a power of attorney to one of our Chinese lawyers. He will take care of the incorporation and registration procedures. Our attorneys need only the required documents to submit to the local Trade Register, and then the foreign investors have to wait for the registration release. On the other hand, we can council the foreigners who are not accustomed to the types of companies they can set up in China and help them choose the more suitable for their business needs. In that case, they may get in touch with our Chinese lawyers for legal assistance and advice and also for additional services, such as accounting or virtual office.
An option for investors who want to bring an already existing business to China is to open a branch or a subsidiary. Our lawyers can offer you legal advice about the two options and help you choose the best alternative for your business. After selecting the type of company, our Chinese attorneys will submit the required documents to the local authorities and deliver all you need to start your economic activity. For certain types of economic activities in China, foreign investors will need special permits and licenses. However, they don’t have to go in front of the Chinese authorities and wait day after day to obtain them. Our international law firm in China can handle the procedure and represent you in front of the local authorities.
Company mergers and acquisitions in China
Do you need to conclude a contract for a merger or an acquisition in China? Sometimes, the foreign entrepreneurs don’t know the local rules regarding these operations, and they need legal advice provided by Chinese lawyers. They can assist you in drafting and signing the contracts. Our team of experts can help you with issues related to closing a business. When it is time to liquidate a company in China, you can count on the legal assistance of our local lawyers. They will explain to you all the legal steps you have to follow, and they will help you close your company.
Tax advice and planning
Apart from understanding the basic principles for personal and corporate taxation in China, many foreign entrepreneurs are interested in legal methods for tax minimization. Our lawyers can provide the proper solutions for reducing the amount owed to the Chinese authorities.
Legal support for obtaining special licenses and permits
Foreign investors should pay attention to all the incorporation formalities, including the ones referring to special licenses and permits. Here is what you need to know about the required licenses and permits for your business in China:
- The administrative licenses are necessary for companies with manufacturing and sale activities;
- Restaurants and shops will need a special license before starting the activities;
- Companies in the trading sector must obtain a special license from China’s Ministry of Foreign Trade and Economic Cooperation;
- The licensing process can be observed by our Chinese lawyers.
If you want to know all the legal aspects of business registration in China, feel free to address your inquiries to our team of attorneys in China.
Legal advice for property purchase in China
If you decide to buy a property in China and you need to know all the legal aspects involved, we kindly recommend you get in touch with our team of lawyers in China. It is recommended to have a clear picture of the formalities solicited in property sale and purchase cases if you are a foreign investor in China. For instance, you might want to pay attention to the following aspects:
- Foreigners cannot purchase lands in China or state-owned properties;
- Foreigners interested in buying a property in Shanghai need to prove they are married;
- Living for at least one year in China is a mandatory condition before purchasing a property in this country;
- The legal status of a branch or subsidiary needs to be verified and provided before a property is bought in China;
- The registration for tax purposes is required once a property is purchased in China.
Looking for a business in China and need a property to acquire? Let our team of attorneys in China tell you more about how you can buy a property in this country.
Debt collection in China
Companies facing financial problems like not collecting the payments from collaborators or clients should seek legal advice and support from our debt collectors in China. We mention that our team is at your disposal if you are interested in debt collection services in China, whether you are a domestic or a foreign company with establishments in this country. The debt recovery procedure involves various steps and starts with a letter of a notification addressed to the debtor and continues with the negotiation process, which might prolong for a certain period. Paying the debts in a fast manner enters the concern of our debt collection lawyers in China. An amicable procedure is usually proposed as soon as the letter of notification is sent. If the debtors do not respond, the next thing to do is initiate the court procedures and solve the issue in front of the authorities. Our specialists in debt collection in China are at your disposal if you are interested in collecting payments and recovering debts. Foreigners with businesses in China need to know that the local legislation’s debt recovery methods are made. If you would like to learn more about the legal aspects of companies involved in debt collection procedures, we recommend you solicit our expert’s support at any time.
Trademark registration in China
As per the first-to-file jurisdiction of China, it is vital to register trademarks to acquire proprietary rights over them. So, you can rely on our Chinese lawyers for the process of trademark registration. In China, it is necessary to use the trademarks within three years after registration. Still, if any trademark is not used within this period, it will become vulnerable to cancellation based on non-use. The trademarks need to be registered via the Trademark Office of the State Administration for Industry and Commerce of the People’s Republic of China. Once the trademark office’s examination has been completed, the trademark applications are opened for three months. So, at this time, you may file an opposition against it with the assistance of our experienced lawyers in China. The trademarks are valid for ten years, and after the expiry date, they are subject to renewal for subsequent ten-year periods indefinitely. Therefore, you can apply for a trademark renewal six months before the date of expiration.
In the People’s Republic of China, there are other rules and regulations regarding black and white and colored logos for the trademark owners. The knowledgeable lawyers at our law firm in China can provide you with comprehensive details in this regard. Please keep in mind, the trademarks registered in China are not recognized in Macau and Hong Kong.
Open a corporate bank account in China
The percentage of foreign investments in China is growing every year. A significant portion of the investments goes to the business services, real estate development, manufacturing, etc. If you want to open a Joint Venture, Representative Office, or a Whole Foreign-Owned Enterprise (WFOE) in China, you will also need a corporate bank account.
Our lawyers in China can help you open a corporate bank account, depending upon the type of account your legal entity requires. You can open a bank account in China if you are a non-resident. The experienced lawyers at our law firm in China can help you open a bank account from abroad too. In this case, you do not have to visit the bank in person; our lawyers will take care of the whole procedure. Although the documents you need to open a corporate bank account in China vary from bank to bank and according to the type of legal entity you are incorporating. But here is a general guide to what you should expect to submit if you want your account to be opened in any Chinese bank:
- valid business license, tax registration certificates, enterprise code certificates, or articles of association to prove that your business is accurate and adequately registered;
- details of company’s type and ownership;
- list of company’s directors;
- proof of company’s stamp;
- proof of state approval (if you incorporate a joint venture);
- proof of identification for legal representatives of the company including officers, shareholders, and the directors.
As the process may differ from bank to bank or according to the type of your legal entity, you are recommended to get in touch with our experienced lawyers in China. They can provide you with legal assistance for opening your corporate bank account.
Get a divorce in China
In the People’s Republic of China, you can obtain divorce by two methods: divorce by registration and divorce by litigation. In the first type, the couple voluntarily applies for a divorce to the marriage registration authority. The second type is a bit complicated. In this case, one party files a request to get a divorce and the other party refuses to do so. Therefore, if you face divorce by litigation in China, you do not need to worry. Our skilled litigation attorneys in China can proceed with your case before the court to finalize the divorce in an appropriate way.
Assistance for personal matters in China
Are you planning on moving to China? We can help you obtain the correct type of visa and make any further necessary arrangements for living in the country. Our lawyers can help you get married in China or draw up a will depending on your plans. We can also help you in drawing up various other types of contracts for business or personal purposes. Also, here is what you need to have and submit if interested in getting married in China:
- the birth certificate, a medical report, plus the certificate of marriageability;
- the residence permit of the foreign citizen;
- the proof of payment for a registration fee.
Foreigners may choose the traditional weddings in China or can get married according to the western tradition. There are no harsh requirements for getting married in China. However, you should solicit legal advice from our Chinese attorneys if you are a foreigner living in this country.
How is litigation solved in China?
Arbitration and mediation are two alternative methods used in cases of litigation in China, matters in which you can receive the legal support of our Chinese attorneys. Our team of advisors can provide the needed legal assistance and representation in the court of law if your company is part of a litigation process. It is essential to know that the judicial system in mainland China is not similar to the one provided by the Hong Kong Special Administrative Region. Also, the recognition of foreign judgments is a sensitive subject. However, it can be enforced in a specific way that our attorneys can explain.
Taxation on local and foreign law firms in China
International law firms in China face discriminatory tax treatment as compared to domestic firms. The local law firms experience one level of taxation at a lower rate, whereas the lawyers at international law firms in China are subject to double tax on profits. Please find below the difference in taxation of both local and international law firms in China:
- The income tax rate levied on a local lawyer is typically 14.25%, including the People’s Republic of China (PRC) business tax;
- This tax can further reduce to 3% depending on different types of revenues;
- An income tax rate of 25% is levied on a foreign lawyer at an international law firm in China;
- The income of a foreign lawyer is further subject to 5.5% PRC business tax.
Contact our lawyers in China for details about the legal services we offer for foreign investors.