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.

Our Focus Areas in China inbound

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

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

IT matters

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

Energy law

Law involving health care investments

Our Focus Areas in China outbound

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 Shanghai

GvW Graf von Westpahlen is represented in Shanghai by a team of German and Chinese lawyers. We look forward to hearing from you.