Underlying Contract and Independent Guarantee August 14, 2026 | No Comments | Chinese law, corporate law, Jurisdiction, Trading and investment Where examination of the underlying transaction is necessary to establish fraud under an independent guarantee, courts shall adhere to the principle of limitation and necessity. A beneficiary’s breach under the underlying contract does not impair its right to present documents and make a demand for payment pursuant to the independent‑guarantee terms. Even if fraud exists under an independent guarantee, people’s courts shall not order suspension of payment under an independent counter‑guarantee where payment under the primary independent guarantee has already been made in good faith. 阅读全文 »
Ultra‑Vires Guarantee Risks in Corporate M&A August 14, 2026 | No Comments | Chinese law, corporate law, Trading and investment Shanghai‑based professional contract‑dispute lawyers remind market participants to pay close attention to risks arising from ultra‑vires guarantees of target enterprises in corporate M&A, investment and financing activities. A guarantee may be held invalid where the creditor fails to perform its review obligations concerning an ultra‑vires guarantee. 阅读全文 »
Trial of Independent Guarantee Dispute Cases （PRC） August 14, 2026 | No Comments | arbitration, Chinese law, corporate law, Trading and investment In order to properly try cases of disputes over independent guarantees, effectively safeguard the legitimate rights and interests of parties, serve and support the development of the Belt and Road Initiative, and promote opening‑up, these Provisions are formulated in accordance with the General Principles of the Civil Law of the People’s Republic of China, the Contract Law of the People’s Republic of China, the Guarantee Law of the People’s Republic of China, the Law of the People’s Republic of China on Application of Law to Foreign‑related Civil Relations, the Civil Procedure Law of the People’s Republic of China and other laws, in light of judicial practice. 阅读全文 »
How to acquire a company or assets in China March 3, 2025 | No Comments | Chinese law, corporate law, Trading and investment Examine financial statements, audit reports, asset-liability situations, cash flows, and tax payments of the target company to evaluate its financial health and identify potential risks. 阅读全文 »
How to register a company in China as a foreign company March 3, 2025 | No Comments | Chinese law, corporate law, Trading and investment Many regions in China now offer online filing services. Foreign companies can submit application materials through the local government’s online business service platform, such as the E-window Platform in Beijing,Shanghai. 阅读全文 »
Use of NNN Agreement to protect your IP and brand May 16, 2022 | No Comments | Chinese law, corporate law, Trading and investment Use of NNN Agreement to protect your IP and brand,when you decide to put order in an OEM factory 阅读全文 »
Other services .Intellectual Property .Compliance .Tort liability .Private Equity Investment .Etc 阅读全文 »
Labor & Employment .Employment procedure .Compliance review .layoff of employees .EHS issues .Wages and benefit 阅读全文 »
Investment and trading .Investment structure .Business establishment .Government approval .Due diligence .Transaction service 阅读全文 »
