China Practice

With its fast-growing economy, China is an interesting market for many foreign investors. Germany, Europe and North America are also profiting from China’s economic growth. Ever-increasing numbers of Chinese companies are looking to enter our markets.

Both groups of investors are in good hands with GvW Graf von Westphalen’s China Practice. We advise our clients in their business relations and investments in China. At the same time, we will provide comprehensive support to Chinese companies and investors in their business dealings in Germany, Europe and North America.

Our China Practice consists of German and Chinese lawyers in Shanghai and Germany. Thus it is very familiar with the Chinese legal and cultural environment and the Mandarin language. For many years, we have maintained relations to Chinese, European and North American authorities, law firms, patent agencies, accountants, management consultants and M&A/corporate finance advisers. This enables us to offer our clients a comprehensive service. Our team ensures that we can provide support to our clients that is both individual and personal because we always work in close collaboration with the other specialist groups in our law firm.

Our clients include companies from Germany and throughout Europe and North America, both small and mid-sized companies and large corporations.

China inbound

Our areas of specialization:

  • Setting up subsidiaries, holding companies and representative offices in China
  • Negotiating joint venture (JV) agreements and establishing JVs with Chinese partners
  • Acquiring and disposing of (shareholdings in) Chinese companies
  • Legal due diligence reviews of Chinese target companies (in M&A matters) and Chinese group subsidiaries (in the course of stock market listings or general compliance)
  • Representing foreign investors in regulatory approval procedures and advising on general filings in the fields of corporate law, M&A, foreign exchange control, customs law and construction law
  • Supporting local management in China on all corporate and commercial law matters and in ensuring compliance with local laws and regulations
  • Conclusion and termination of employment contracts; advice on general employment law matters
  • Advising on protection and enforcement of intellectual property rights, including the development of defense strategies against patent, copyright, design and trademark infringements and representation of clients in administrative infringement proceedings; license agreements, technology transfer
  • Acquiring industrial land use rights and negotiating construction contracts and lease agreements for office space and industrial premises
  • Advising on general tax matters, including general corporate income tax, trade tax and dividends
  • Contract law (contract drafting and negotiating, advice on all contractual issues)
  • Advising on compliance issues including implementation of compliance systems
  • Support and management of court proceedings and advice and representation in arbitration proceedings
  • Advising on e-commerce activities in China
  • Comprehensive support for investments in the health-care field in China

China outbound

Our areas of specialization:

  • Setting up subsidiaries, holding companies and branches in Germany
  • Negotiating joint venture (JV) agreements and establishing JVs with German partners
  • Acquiring and disposing of (shareholdings in) German companies
  • Legal due diligence reviews of German target companies (in M&A matters)
  • Supporting local management in Germany on all corporate and commercial law matters and in ensuring compliance with local laws and regulations
  • Conclusion (incl. structuring) and termination of employment contracts; advice on general employment law matters
  • General contract structuring for operations (contracts for procurement, delivery, production and services, preparation and adaptation of general terms and conditions)
  • Filing for trademarks, protection and enforcement of intellectual property rights, including representation in proceedings before the courts in the case of infringements of intellectual property rights 
  • Advice in connection with IT contracts, IT compliance, data protection and IT security 
  • Negotiations of construction contracts and advice when renting office or factory space
  • Tax advice, especially tax structuring
  • Contracts (structuring and negotiating contracts, advice in all contract matters)
  • Litigation (in all areas of the law)