The PRC Labor Contract Law states that an open-term contract must be offered after two consecutive fixed-term contracts, unless the employee opts for another fixed term.
These measures aim to enhance market transparency, uphold financial order, and combat money laundering and terrorist financing activities, by mandating all companies in China – including subsidiaries of foreign companies – to disclose beneficial owner information (BOI) to Chinese authorities.
This landmark case clarifies that in hotel management, the transfer of personal information beyond what is necessary for fulfilling the contract must be subject to separate consent from the customer, rather than relying on a general consent through the privacy policy.
In 2019, China abolished specific restrictions on the establishment of international freight forwarding enterprises by foreign investors and simplified the approval procedures.
In today's challenging economic environment, more clients are seeking support with debt collection activities. One common service we provide is sending detailed demand letters (in China, referred to as lawyer’s letters) to the debtor, setting the stage for further legal action if payment is not made.
Last year, a European client asked us to conduct a tax due diligence on their subsidiary in Shanghai, to determine whether all taxes had been duly paid. One of the key issues that we uncovered, was that the Chinese entity had been wrongfully claiming VAT exemption on services provided to their HQ.
While concerns remain over geopolitics and economics, we are once again supporting an increasing number of Western companies to establish manufacturing, trading or service subsidiaries in China. One of the key questions for foreign investors that we need to respond to is: where to best locate such a subsidiary?
When completing LDDs on Chinese Targets for European and North American multinationals, we often come across the same kinds of issues. Here is a selection:
In a recent case, a potential client asked for our advice. Their Chinese registered trademark had been cancelled because a competitor had filed a non-use cancellation application, and the client’s local trademark agent had failed to notify the client thereof in time.
Chinese labor laws are relatively strict when it comes to unilateral termination by the employer. This is only permitted for one of several grounds listed in the law.
