In less than 10 hours, voting for the American Bar Association’s best blawgs will be over. We need your vote. The ABA (American Bar Association) Journal editors once again have chosen us as one of the top 100 law blogs and given the final decision on best blog in each category out to the public…. Continue Reading
Monthly Archives: December 2009
Circular 698. Or How China’s Tax Authorities Are Plotting To Take Over The World.
Posted in Legal NewsShanghaiist just posted my list of “China’s top 5 business law trends of 2010,” which list included China stepping up its tax collection efforts. Drastically. Speaking of drastically, I just read a really excellent article by a swarm of O’Melveny & Myers lawyers, entitled, “China Adopts Controversial Vodafone-style Extraterritorial Tax and Disclosure Rule,” discussing China’s… Continue Reading
LAST CHANCE: Vote China Law Blog
Posted in Good PeopleIn about 24 hours, voting for the American Bar Association’s best blawgs will be over. In the meantime, we need you. Really badly. The ABA (American Bar Association) Journal editors once again have chosen us as one of the top 100 law blogs and given the final decision on best blog in each category out… Continue Reading
The Perfect Yet Unworkable Chinese Contract.
Posted in Legal NewsMy clients know way more about their businesses than I do. My job as lawyer is to tell them how I perceive the legal risks and rewards of whatever they are doing and then work with them to help them decide how to proceed. I contribute on the legal side, they on the business side…. Continue Reading
Happy, Happy, Happy Hannukkah, Festivus, Kwanza, Winter Solstice, And Christmas.
Posted in EventsHappy (belated) Hanukkah, Festivus, Kwanza, and Winter Solstice, and Merry Christmas too! And a BIG thanks to all our readers. ENJOY the season/holidays!
Playing By The Rules On China Business. Rules, What Rules?
Posted in Recommended ReadingStanley Lubman, an esteemed Chinese legal scholar, now at UC-Berkeley, wrote an excellent piece this week for the Wall Street Journal’s ChinaRealTimeReport. The article, entitled, “Stanley Lubman: Business in China: What Does ‘Playing by the Rules’ Mean?” sets out the dilemma faced by foreign businesses operating in (or with) China: Can they “do business in… Continue Reading
The Best Ten Books On China. For Business.
Posted in Recommended ReadingIf you like this blog and have not yet joined up as a member of the China Law Blog Group on Linkedin, you are really missing out. About two weeks ago, I asked the Group to list out what they thought to be the best ten books on China business. Within about a week, Forbes… Continue Reading
The Fake China Joint Venture, Made Real Through Marriage?
Posted in Legal NewsJust got this email, which is not too dissimilar from other emails and phone calls I have previously received: Like I said before, I’m really enjoying your series on China Law Blog on starting a business in China. It’s something I might try myself someday. I’d be really interested in hearing about a foreigner starting… Continue Reading
Wanna Get Sued In China? Don’t Pay Overtime.
Posted in Legal NewsChina’s Labor Contract Law (which law applies to every employment relationship in China) is very clear: employers must pay their employees for overtime. Though there are some exceptions, these exceptions are not nearly as broad or as easy to obtain as is widely believed. Overtime payments are 150 percent for each overtime hour worked on… Continue Reading
China’s New Food Safety Law. An Early Report.
Posted in Legal NewsIn June of this year, China enacted a new Food Safety Law. It is stating the obvious to say that China’s food safety is of relevance to the entire world and China food safety is the rare case where both foreign and domestic interests are united in wanting to solve a major problem within the… Continue Reading
China WFOE vs. JV. Make Mine A WFOE. I Just Call It Like I See It.
Posted in Legal NewsJust got this comment (comment # 63 on our post, “China: First Let’s Clear Out The Long Time Foreigners“, which poses some pretty important questions and also leaves hanging some very common misperceptions regarding doing business in China: So here’s my question albeit already bounced around but no solid answer given…. JV or WFOE for… Continue Reading
China As Distribution Center. Explained.
Posted in Recommended ReadingOne of the fascinating things about having a China law practice is the front row seat it provides into the evolving trade relationship China has with the rest of the world. One of the things I have seen happening in far greater numbers over the last year or so are US companies establishing their worldwide… Continue Reading
China Corporate Law — The Basics of China’s Company Law.
Posted in Basics of China Business LawOn January 1, 2006, China implemented its New Company Law. At around that same time, China Law Blog’s own Steve Dickinson wrote a scholarly article on the new law for the Pacific Rim Law & Policy Journal, entitled, ‘Introduction to the New Company Law of the People’s Republic of China.” At around the same time,… Continue Reading
How To Get A China Visa. Just The Real Basics.
Posted in Basics of China Business LawThis post is part of our new Basics of China Business Law series, where we discuss, usually in a bare bones sort of way, the basics of what it takes to do business in China legally. This post focuses on the different sorts of visas one can use to get into/stay in China. My law… Continue Reading
China Law Blog Does LinkedIn. We Welcome New Members.
Posted in Recommended ReadingAbout a week ago, we went public with a China Law Blog Group on Linkedin. The goal of the group is to gather together people interested in real discussions on Chinese law and business and, sometimes even China in general. There are plenty of other China groups on Linkedin and I am a member of… Continue Reading
China Blogs: That’s The way, Uh-Huh Uh-Huh, We Like It, Uh-Huh, Uh-Huh. Part IV
Posted in Recommended ReadingAbout three months ago, in Part I of this series, I promised we would go through our blogroll and justify and expound upon each blog, five by five. About a month ago, I did part III of this series. This is the fourth of this slowly running series where I explain, in alphabetical order, why… Continue Reading
How Not To Get (China) Internet Scammed.
Posted in China BusinessRich Kuslan over at Aziabizblog has an excellent post up on emails (usually allegedly from China) that seek to scam attorneys. The post is entitled, “How Not to Get Scammed by a Scam Email,” and much of the post serves as an equally good lesson on how not to get scammed by a Chinese seller… Continue Reading
That’s Hot: Made In China For China. By Foreigners.
Posted in Legal NewsThat’s Hot. If two years ago, someone had asked me to describe my law firm’s typical China manufacturing client, I would talked about a company that was either doing contracting out its manufacturing to China or doing its manufacturing in China itself, all of this strictly for export from China. It just struck me today… Continue Reading
Do I Really Need A Chinese Company?
Posted in Legal NewsI dunno. We recently did a couple of posts on what is required to form a Wholly Foreign Owned Entity (WFOE) in China. In the first of these posts, “How To Start A Business In China — WFOE,” we we set out the four main steps in forming a WFOE. In our second post, “How… Continue Reading
China: First Let’s Clear Out The Long Time Foreigners.
Posted in China BusinessA couple weeks ago, I got what for my law firm is a fairly typical phone call. This was from someone in a second tier city who had been operating a business there for seven years, all done on a business visa without having registered the business and without having secured a long term Z… Continue Reading
The New China Round-Tripper. China WFOEs And JVs Coming Home??!!
Posted in Legal NewsThough most of my law firm’s practice involves helping American and European companies go overseas, at least ten percent of our business involves helping foreign companies enter the United States. This number always fluctuates, depending on how things are going economically in the United States versus the rest of the world and on how the… Continue Reading
How To Start A Business In China — The Minimum Capital Requirements For A WFOE
Posted in Basics of China Business LawYesterday, in a post entitled, “How to Start a Business in China — WFOE,” we discussed the basic requirements for forming a wholly foreign owned entity (WFOE or WOFE) in China. One of the questions we are most frequently asked about how to form a WFOE in China is is how much the Chinese government… Continue Reading
How To Start A Business In China — WFOE
Posted in Basics of China Business LawThis post is a re-hash of a post Steve did more than three years ago. We are re-running it now as part of a series of posts we will be running over the next few weeks on the Basics of China Business Law. We are even forming a new category for this series, the first… Continue Reading
China Demographics Because They Matter.
Posted in Recommended ReadingBill Russo, China car expert extraordinaire, has been running an excellent series of posts on China’s car market and he just hit the lucky number 8 and final one and this one really got my attention. It is entitled, “TREND #8: China’s Rapidly Changing Demographics and Growing Demand in Lower Tier Cities,” and its focus… Continue Reading

