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Global Presence |
Shanghai
The CMS alliance members have been advising clients doing business in the People's Republic of China (P.R.C.) from offices in Hong Kong, Shanghai and Beijing for almost 25 years.
CMS Bureau Francis Lefebvre cooperates with CMS Cameron McKenna (UK) and CMS Hasche Sigle (Germany) to offer from Shanghai an integrated service to clients throughout China.
In Shanghai, a key city for foreign investments, we maintain a close eye on the rapid changes occurring in China. Our office is staffed by 8 experienced, French, German, UK, Swiss and Belgian lawyers speaking Mandarin together with 25 Chinese lawyers. The Shanghai office also benefits from the support of CMS Cameron McKenna's Beijing office and from a China desk in Paris.
The team is led by Jonathan Selvadoray, a transaction lawyer, who has been working in Shanghai since 2002 and previously had taken part for over 2 years to China's WTO Accession procedure on behalf of the Swiss Federal Institute of Intellectual Property. He is fluent in French, English, German, Spanish and Mandarin.
Emmanuel Meril, lawyer based in Paris, co-ordinates the relations between France and China for French, Chinese and European clients. He has spent 12 years in China, including 9 in Shanghai. He is fluent in French, English and Mandarin
| ACTUALITE DU CABINET
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Four reasons to choose our firm
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a solid knowledge of the law and practices in China, based on hundreds of cases；
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a large network of relations within the Chinese administration established during the preceding 25 years of CMS Alliance China related work；
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a good understanding of clients business through CMS Industry Focus Groups；
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an excellent balance between experienced Chinese and European legal adviser.
Our expertise
We accompany our clients in every phase of their engagement in the Chinese market. In particular, our lawyers have provided advice on a large number of projects in the following areas:
Foreign Direct Investment
We provide comprehensive legal advice and assistance in establishing a presence in China, including:
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investment strategy and structure;
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establishment of contractual joint ventures, equity joint ventures and wholly foreign-owned enterprises;
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establishment of holding companies in China and in offshore jurisdictions;
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establishment of representative offices; and
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negotiation with governmental authorities and accompanying
the examination and approval process.
Corporate Restructuring and M&A
We assist clients in restructuring their PRC operations and integrating their PRC involvement into their global strategy. Our experience includes:
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conversion of joint ventures into wholly foreign-owned enterprises;
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documentation and contract drafting;
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support in negotiations;
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acquisitions, divestments;
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shareholders' agreements;
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legal due diligence;
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acquisition of shares and assets of foreign investment enterprises as well as of domestic Chinese enterprises;
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liquidation of foreign investment enterprise; and
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capital increases and related by-laws amendments.
Distribution and Commercial Law
We provide advice on structuring distribution, retail and franchise networks in China. Our expertise also includes support on a large number of other commercial issues, in particular:
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distribution, retail and franchise strategies;
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establishment of wholesale, trading and retail companies;
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draft and review of import and export, agency, logistics, distribution and franchise contracts; and
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draft and review of standard terms and conditions.
Taxes
Our services in this area inclued:
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general taxation on income tax, VAT, and business tax;
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tax efficient planning of investments and transactions;
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transfer pricing;
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taxation of real estate investments; and
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tax optimisation of expatriates.
Banking and Finance
We advise on the financing aspects of foreign investment enterprises as well as on foreign exchange issues. Our expertise includes:
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loan agreements;
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documentation and registration of foreign and RMB exchange loans to foreign investment enterprises; and
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creation, registration, and enforcement of guarantees and security interest such as share pledges or mortgages.
Insurance
We advise on the establishement of foreign invested insurance companies as well as on legal issues arising in the day-to-day operation of these companies. Our experience includes:
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draft the documents necessary for establishing foreign invested insurance companies; and
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review insurance policies
Construction
We provide guidance through the complex procedures involved in
construction projects. Our assistance include:
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draft of design and construction contracts; and
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assistance in obtaining all necessary governmental
approvals and permits
Real Estate
We can duly protect the interests of our clients acquiring real estate and provide:
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advice on the acquisition and transfer of land use rights and draft of contracts;
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advisice on the acquisition and transfer of real property and draft of contracts;
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advice on and draft lease contracts; and
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due diligence and title verification
Employment Law
We can comprehensively advise on all legal issues arising in connection with employment in China, including:
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secondment contracts for foreign employees;
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employment contracts for foreign and/orChinese employees;
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employee handbook, employment policies and procedures;
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social security policy;
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legal issues arising from redundancy layoffs and restructuring; and
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termination of employment.
Technology and Intellectual Property
We provide our clients with effective strategies for the licensing of their technology and the effective protection of their intellectual property in China. Our experience includes:
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draft and negotiation of technology transfer contracts;
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assistance during the registration and/or protection of trademarks, patents, copyrights, domain names, know-how, trade secrets, and company names in the PRC;
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advise on trademark, patents and know-how licence agreements;
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advise on anti-counterfeiting strategies; and
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enforcement of intellectual property rights.
Oil & Gas and Energy
We can advise on all aspects of oil and gas matters and on other energy issues, in case of international projects with the support of CMS energy lawyers in London, Moscow and other jurisdictions, including:
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licensing and concession issues, including production sharing agreements;
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pipeline construction, transportation and associates issues;
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joint operating agreements and unit operating agreements;
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oil and gas field service contracts;
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procurement and competition issues;
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gas transportation and supply agreements, including supply for power generation;
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LNG and gaz sales and purchases; and
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carbon emission reduction certificates transaction agreements.
Dispute Resolution
We represent clients in arbitration proceedings before Chinese and foreign arbitration commissions. Furthermore, we co-ordinate the representation of clients before Chinese courts by local law firms.
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| CONTACT
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Shanghai
2801, 2802 & 2809-2813,
Plaza 66, Tower 2
1366 Nanjing Road West
Shanghai 200040, P.R.C.
T + 86 21 6289 6363
F + 86 21 6289 9696
Chief Representative
Jonathan Selvadoray
Paris
Associate, China Manager
Emmanuel Meril
T +33 1 47 38 41 63
F +33 1 47 38 41 17
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| TEAM
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Jonathan Selvadoray
Joerg Binding
Amy Chen
Ann Chen
Ulrike Gluck
Ramon Gu
Helen Jiang
Elisabeth Liu
Li Liu
Colin Liu
Mabel Liu
John Mayall
Caroline Pill
Julia Taenzler
William Tan
Alexandre Vincent
Karen Wang
Kevin Wang
Erin Wu
Kristie Wu
Jeanette Yu
David Yuan
Bill Zhang
Bridge Zhao
Suzie Zhao
Hugh Zhou
Nicolas Zhu
Elaine Zhu
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| BOOK
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Dossiers Internationaux : Chine (Editions Francis Lefebvre)
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![[pdf]](/jahia/jsp/jahia/templates/myjahiasite/corporate_portal_templates/images/icons/standard/pdf.gif){kind=icon}
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