Foreign Investment
ONC Lawyers has been proactively assisting foreign companies in investing in the PRC. We have advised numerous foreign companies and provided legal support in their operation in the PRC market. Our China Practice lawyers are well versed in the PRC foreign investment law, with strong legal knowledge and practical experience in assisting clients in investing in complicated areas. We offer a wide range of comprehensive legal consultation services for foreign companies. We provide professional, straightforward and effective solutions that are designed to meet our clients’ business needs and help them to achieve their goals in a complex and regionalised business environment. Our foreign investment services include:
- providing “one-stop” services from the establishment of company to share transfer, mergers and acquisitions and consultation of industry access policy;
- participating in clients’ sino-foreign joint venture negotiations, drafting and advising on key contract terms, details of settlement, dispute resolutions, and the guarantee, incentive and exit mechanisms and other essential matters for transactions;
- assisting clients in the early stage of operation of their foreign company by liaising with relevant government authorities in relation to market access, import and export examination, administrative approval, local supportive policies, etc.;
- providing localization and compliance consultation and legal services related to daily operation, such as corporate governance, contract management, environment, health and safety, employment relationship and intellectual property protection, etc.;
- representing clients in legal proceedings, and dealing with internal and external disputes over intellectual property rights, employment and commercial matters;
- advising clients on cross-border financing, tax planning, foreign debts and foreign exchange control matters; and
- assisting foreign companies in the sale, reconstruction, liquidation and bankruptcy of their PRC business.
If you would like to know more about our China Law practice or how we can help your business, please contact us at (852) 2810 1212 or at china@onc.hk.
Recommended Posts
The impact of the new PRC Civil Code on foreign nationals
On 28 May 2020, China’s first civil code was passed at the third session of the 13th National People’s Congress and the third session of the 13th National Committee of the Chinese People’s Political Consultative Conference. The Civil Code consists of 1260 articles in seven parts which include: (1) General Provisions, (2) Property Rights, (3) Contracts, (4) Personality Rights, (5) Marriage and Family, (6) Inheritance, (7) Torts, as well as the Supplementary Provisions. The Civil Code will take effect officially on 1 January 2021 and abolish simultaneously, among other laws in China, the General Principles of Civil Law, General Rules of the Civil Law, Property Law, Contract Law, Guarantee Law, Marriage Law, Inheritance Law and Tort Liability Law. This article shall focus on discussing, inter alia, the key implications of the Civil Code on foreign nationals particularly from the contract, tort liability and personality rights perspectives.
China’s New Cybersecurity Law and Its Impact on Doing Business in China
China’s new cybersecurity law came into effect on 1 June 2017. The new law promotes two key objectives: protect China against cyberattacks, and protect the rights and interests of Chinese citizens from cyberattacks and the misuse of personal information. The new law not only has a comprehensive framework on cybersecurity but also gives privacy protection to Chinese citizens. A number of legal measures that relate to cybersecurity also came into effect on 1 June 2017. On 11 April 2017, the Cyberspace Administration of China released a draft Measures for Security Assessment of Outbound Transmission of Personal Information and Important Data to solicit public comments. The consultation has ended and it is expected that the finalized measure for security assessment of outbound transmission of Local Data will be issued soon.
China adopts improved mechanism for the better handling of complaints from foreign investors
On 31 August 2020, the Ministry of Commerce of the PRC released the Rules on Handling Complaints of Foreign-Invested Enterprises (《外商投資企業投訴工作辦法》), which came into effect on 1 October 2020. The Rules incorporated some important improvements on the complaint mechanism for foreign-invested enterprises first introduced by MOFCOM in 2006 under the Interim Measures of the Ministry of Commerce for the Work Relating to the Complaints of Foreign-funded Enterprises (《商務部外商投資企業投訴工作暫行辦法》). Effectively, the Rules are one of measures to implement the Foreign Investment Law (《中華人民共和國外商投資法》) in which Article 26 expressly states that the State shall establish a complaint mechanism for FIEs, timely solve the problems reported by the FIEs and their investors, and coordinate, and improve relevant policy measures.
