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.
„Strengths: Own office in Shanghai“
"Strong foothold for China-related mandates"
„Lots of experience with China“
„Excellent track record in German-Chinese business“
„Very successful China practice“
Establishing companies in China – subsidiaries, holding companies and representative offices
Negotiating and forming joint ventures with Chinese partners
M&A – acquiring and selling Chinese companies, in part or whole
Legal due diligence – conducted on Chinese target companies or the client’s own subsidiaries (for listings outside China)
Advising on government approval, licensing and registration proceedings mainly in areas involving corporate formation, antitrust, M&A, foreign currency control and customs
Supporting local management on corporate and trade law issues and compliance with local laws and regulations
Advising on Chinese (Re-)Export Controls and Sanctions Compliance
Entering into and terminating employment agreements as well as advising generally on labor law issues
Industrial property rights – representing clients in administrative proceedings directed at property right infringements, and advising on defensive strategies against patent, copyright, design, domain and trademark law infringements; licensing agreements, technology transfer
Construction and real estate law – acquiring industrial land use rights, negotiating construction agreements and leasing office or factory space
Tax law – involving corporate income, personal income, trade and dividends
Contract law - drafting and negotiating contracts with Chinese business partners
Compliance advice – compliance checks and establishing compliance systems
Support and management of court proceedings as well as advising and representing on arbitration matters
Distribution law, including e-commerce activities in China
Law involving health care investments
Establishing subsidiaries, Holding companies and representative Offices in Germany
Negotiating and forming joint ventures with German partners
Acquisition and sale of (participations in) German companies (M&A)
Legal due diligence of German target companies or own subsidiaries
Supporting the local management on corporate and trade law issues and compliance with local laws and regulations
Entering into (including drafting) and terminating employment agreements as well as support in general labour law issues
Drafting general contracts for operative activities (purchase, supply, production and service contracts, preparing and adjusting general terms and conditions)
Trademark registration, protection and implementation of property rights including representation in court proceedings due to property rights infringements
Advice in connection with IT contracts, IT compliance, data protection and IT security
Negotiation of construction contracts and advice on the leasing of office or factory space
Tax advice, in particular tax structuring
Contracts law (drafting, negotiation and advice on all contract matters)
Litigation (in all fields of law)
GvW Graf von Westpahlen is represented in Shanghai by a team of German and Chinese lawyers. We look forward to hearing from you.
The Max Bögl group of companies has developed a new local public passenger transport system. The system called “Transport System Bögl” (TSB) uses magnetic levitation, or “maglev” technology and provides a clean and cost-efficient means of transport for better mobility in inner city areas. The technology is becoming increasingly popular also in other countries: Max Bögl’s most recent export order was the sale of its TSB to China. The company’s plans include building a 3.5 km test track in Chengdu and extensive marketing activities to promote the technology in China – all through a sales partnership with a Chinese company.
The fund capiton IV GmbH & Co. Beteiligungs KG, managed by capiton AG, together with the founding shareholders, have sold 100% of the shares in TRIOPTICS GmbH to the TecDAX company Jenoptik. TRIOPTICS, headquartered in Wedel near Hamburg, is a leading provider of measurement technology for optical components and sensors. With more than 400 employees worldwide at locations in Germany, the USA, France as well as in China, Taiwan, Japan, Singapore and Korea, the company generated sales of around 80 million euros in 2019 of which more than 50 percent was generated in Asia.
The Goettingen-based MDAX company Sartorius has acquired three business units in the field of bioanalytics and bioprocess technology from the U.S. company Danaher by way a mixed share/asset deal following the successful participation in an auction process.
Webasto Group, a leading supplier to the automotive industry headquartered in Stockdorf, Germany, has divested its majority shareholding in a sino-foreign joint venture company to its former Chinese joint venture partner.
