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The rapid and continuing development of the Chinese economy and its
markets has made business with China an integral component of the
strategies of countless foreign companies, regardless of their size
or form. However, in order to turn opportunities into successful
enterprises, managers need a practical guide on the legal aspects
of conducting business in China, and on the strategies for
effectively circumventing unnecessary risks while simultaneously
using the legal system to strengthen operations and protect
interests. This remarkable book provides the necessary insight and
guidance to devise a corporate strategy, and to tackle issues
relating to common aspects of doing business with Chinese
counterparts, investing in a Chinese enterprise, and engaging in
business operations there. Drawing on expertise gained during eight
years in China serving the legal needs of foreign companies, the
author shows how many of the mistakes that foreign companies make
can easily be avoided by conducting a proper due diligence and
understanding how applicable laws work in practice. He clearly
describes the opportunities and pitfalls exposed as a foreign
investor engages with such elements of business in China as the
following: * negotiating a detailed written contract; * performing
a legal and commercial due diligence on a prospective partner; *
resolving disputes through negotiation, arbitration or litigation;
* establishing and enforcing trademarks, patents and other
intellectual property rights; * investing in China; * considering
the joint venture structure; * expanding through a merger or
acquisition; * restructuring or liquidating an operation; *
designing and implementing effective corporate governance; *
retaining, managing and terminating employees; * arranging funds
into and out of China; * ensuring both tax efficiency and tax
compliance; and * avoiding criminal liabilities in the course of
doing business. Whether seeking to source from China or to
establish manufacturing facilities in China to produce for export,
to sell products or services on the domestic market, or even just
to act as a conduit between China and the outside world, business
managers and their counsel from all over the globe and across all
industries will benefit enormously from this deeply informed,
insightful, and practical guide.
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