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At Eva's Law, we focus on foreign direct investment and dispute resolution for companies seeking legal and business management consultancy in the China market.

Case Studies

Finnish-Invested Dairy Factory Joint Venture

Client Nationality: Finnish
Location: Fushun City, Shenyang Province
Turnaround: 4 months

  • Consulted client on joint venture governance in China.
  • Attended joint venture shareholder meetings and drafted memos to be signed by both parties to protect client’s interests.
  • Provided interpretation on China joint venture related laws and regulations.
  • Identified the legal consequences of moves taken by the joint venture’s shareholders and/or its board.
  • Issued independent opinions in attorney reports over complex legal matters and answered relevant inquires via e-mail.
  • Offered actionable opinions based on experience in solving possible conflicts and/or disputes between shareholders, board of directors.
  • Drafted relevant documentation and followed up the registration process to assist client’s in gaining more control of its invested business in China.
Dutch-Invested Machinery Factory Joint Venture

Client Nationality: Dutch
Location: Beilun District, Ningbo City, Zhejiang
Turnaround: 2 months

  • Secured trustworthy Chinese partner.
  • Negotiated investment (US$1,300,000).
  • Negotiated favorable equity for client.
  • Drafted Articles of Associates (i.e., bylaws, in accordance with Chinese Corporate Law).
  • Got Certificate of Approval to set up joint venture by local governing authority.
  • Registered joint venture with Administration of Industry and Commerce.
  • Got certificate from various governing bureaus that a manufacturing joint venture requires including but not limited to Environmental Impact Report, Tax Registration Certificate, Organizational Code Certificate, Foreign Currency Registration Certificate, and so on.
  • Signed attorney as registered Supervisor (in sense of PRC corporate law) to continue protecting client’s interests in joint venture.
Trademark Dispute Resolution for American-Invested Joint Venture

Client Nationality: American
Locations: Suzhou and Beijing
Turnaround: 2 months

  • Represented American client in trademark dispute.
  • Contacted client’s Chinese partner and identified cause of dispute.
  • Facilitated improved communication, avoided potential IP infringement.
  • Registered trademark and copyright for client’s brand in China and franchised those rights to joint venture and affiliated entities.
  • Became ongoing liaison between shareholders of joint venture.
HK Trading Company-Invested Joint Venture

Client Nationality: Russian, Indian
Location: Jiangshan City, Zhejiang
Turnaround:

  • Provided consultancy on PRC corporate law, verbally and in writing.
  • Negotiated JV Equity Shareholders Agreement that favors client.
  • Conducted due diligence to verify good standing of Chinese partner.
  • Worked as coordinator and supervised formation of JV.
  • Translated bylaws and shareholders agreement for Chinese partner’s verification.
  • Prevented trademark dispute by addressing issue in shareholders agreement.
International Acquisition of Chinese Domestic Business

Client Nationality: Chinese
Location: Jing’an District in Shanghai
Turnaround: 9 months

  • Conducted due diligence on purchase of Chinese clinic company.
  • Laid out transaction framework for approval from HK company board of directors.
  • Negotiated acquisition of assets, trademarks, labor resources of Chinese company.
  • Advised on contribution method of registered capital of WFOE.
  • Advised on liquidation of Chinese company and returned profits to Chinese company’s shareholders.
  • Advised on restructure of business operations, including but not limited to expansion of registered business scope.
  • Negotiated new employment contracts with acquired work force.
American-Owned Restaurant WFOE

Client Nationality: American
Location: Former French Concession in Shanghai
Turnaround: 2.5 months

  • Formed a F&B management WFOE as parent company.
  • Applied for food and beverage license for first restaurant and showed client how to do it for subsequent restaurants.
  • Secured all certificates needed for running restaurant business.
  • Helped prepare business to become franchiser.
  • Drafted employment handbook and standard employment contract.
  • Helped hire local labor and provided training on PRC labor law.
  • Introduced agent to secure working permits for management team.
  • Developed solid trademark protection strategy and applied for copyright and registered trademark.
French-Owned Trading WFOE

Client Nationality: French
Location: Nanhui District in Shanghai
Turnaround: 3 months

  • Form FICE (Foreign-Invested Commercial Enterprise) for the main purpose of selling client’s packaged foods.
  • Secured lease of storage space to meet local government requirements.
  • Applied for Food Circulation Permit.
  • Applied for alcohol permit.
  • Trademark registration.
  • Introduced cost-effective accountant for daily accounting affairs.
  • Negotiated employment contracts with both foreign and Chinese employees.
  • Provided training on PRC labor law.
Singaporean-Owned Consulting WFOE

Client Nationality: Singaporean
Location: West Nanjing Road in Shanghai
Turnaround: 2 months

  • Registered WFOE for image consulting business.
  • Helped register trademark.
  • Helped hire both foreign and local labor.
  • Drafted employment contracts and services contracts.
  • Expanded business scope and turned the consulting WFOE into a trading WFOE.
  • Changed Office Address, Articles of Association, Business Licenses and so on.
  • Introduced cost-effective accountant for daily accounting affairs.

About Eva's Law

Foreign-invested company setup in China (e.g., WFOEs, Joint Ventures) is not as simple or efficient as in many other jurisdictions. We work closely with real entrepreneurs and international business owners to provide responsive and cost-effective outside legal services and management consultancy. We help navigate the constantly changing local policies and develop a personal, strategic plan for your business.

Eva’s Law was founded by Eva Gao and operates under Shendu Law Firm in Shanghai. Eva brings with her not only experience, but also invaluable business connections and deep insight to each case.

Contact us at inquiry@evaslaw.com.