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Doing Business in China
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How am I going to protect my company’s technology? Will I be able to repatriate the capital invested and my profits? Will my company be unjustifiably more taxed because it is a foreign entity? These are just some of the questions that are at the forefront of the minds of entrepreneurs considering doing business in China. In this book author Caroline Bérubé leverages her decades of experience to answer these questions and to help the reader master the art of doing business in China.
Whether you are a corporation looking to set up a manufacturing plant in China, a high-tech company wishing to incorporate in China or a company seeking to forge a partnership with a Chinese entity in order to optimize the country’s natural resources, Doing Business in China will provide the step-by-step guidance you need to ensure you meet your company’s objectives while protecting your interests.
Written in an easy-to-understand question-and-answer format, this practical volume offers valuable insight on entering the Chinese market, including advice on safeguarding your intellectual property as well as developing effective corporate and tax strategies. In short, it is the perfect guide for navigating the challenges of doing business in China, providing solutions to problems that entrepreneurs encounter daily.
In developing the content for this book, Bérubé relies on the expertise she has gained over her 18-year career representing international corporate clients in cross-border transactions in the Asia-Pacific Region. Armed with this knowledge and experience, she offers straightforward answers to complex questions and succeeds in taking the guesswork out of the process of setting up a business in China. She also includes:
- Practical charts, case studies, precedents and timelines to help readers through every step
- A multiple-choice quiz to test your knowledge and improve your understanding of important concepts
Written in plain English, this text is accessible to both lawyers and business professionals.
Doing Business in China would be a useful asset for:
- Corporate and commercial lawyers who need practical assistance with advising clients wishing to enter the Chinese market
- Entrepreneurs who require a practical and comprehensive guide about all aspects of doing business in China – from incorporation, to trademarks, to taxes and much more
- In-house counsel at companies that are looking to conduct business with Chinese companies or expand into the Chinese market
- Law libraries that want to provide a valuable reference for their patrons
- Business associations that want to offer a useful resource for their members that do business in China
Table of contents
Chapter 1: Subcontracting and Supplying
B. Choosing a Provider
C. Chinese Supplier Obligations to a Foreign Company
D. Foreign Company Obligations to Chinese Distributor
E. Exclusive Distribution Agreement
Chapter 2: Setting up a Representative Office
A. Incorporate a Representative Office
B. Representative Office Staff
C. The Renewal of the Licence
Chapter 3: Setting Up a Wholly Foreign-Owned Enterprise
A. Incorporate the Wholly Foreign-Owned Enterprise
B. Minimum Capital Injection
C. WFOE Staff
D. Banking and Financial Aspects of a WFOE
Chapter 4: Setting Up a Joint Venture
A. General Points
B. Incorporate a Joint Venture
C. The Contractual Aspect of the Joint Venture
D. Problems Raised by the Presence of a Chinese Partner
Chapter 5: Employment Law and Human Resources
A. Entrepreneur or Company with no Entity in China
B. Entrepreneur or Company Holding an Entity Incorporated in China
C. Entrepreneur or Company Having a Representative Office
D. Social Charges
Chapter 6: Protection of Intellectual Property
D. Additional Questions on Intellectual Property
E. Domain Name
Chapter 7: Technology Transfer
A. General Information
B. Technology Categories
C. The Transfer of Technology as a Capital Contribution
D. Protecting your Transfer
Chapter 8: Tax, Accounting and Finance
A. Overview of Taxes and Accounting
B. Value-Added Tax
C. Taxation of Corporate Benefits
D. International Problems
Chapter 9: Restructuring
B. Changing Shareholders or Directors
C. Changing Social Activities
D. Changing Commercial Vehicle
Chapter 10: Merger and Acquisition
A. Before the Merger or Acquisition
Chapter 11: Litigation and Arbitration
A. Applicable Law, Language of the Procedure and Language Applicable to the Contract
B. Case Studies
C. Procedural Aspects
D. Protecting Yourself
Chapter 12: Bankruptcy
B. Bankruptcy and Bankruptcy Procedure
C. Consequences of the Bankruptcy Procedure
D. Reorganization Procedure
Chapter 13: Securing Investments
A. Repatriation of Profits
B. Loan Funds
C. Guaranteeing a Loan
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