Schulz Noack Bärwinkel has for many years played a role in advising companies in China-related business. We advise German and European companies with regard to their business activities in the People's Republic of China and Chinese enterprises doing business in the Federal Republic of Germany and Europe.
Both in Shanghai and Hamburg, we have German lawyers with experience in working on projects in China. They know the particular legal conditions in China and most of them are fluent in the Chinese language - both written and spoken. The German lawyers are supported by Chinese legal experts and legal assistants.
Since the opening of our Shanghai office in 1994 in particular, we have supported over 400 companies from Germany and other European countries in their Chinese operations. Many of these have become established clients and we have knowledge not only of their China business, but of the entire company as well. We are the contact persons both for the decision-makers in Germany and the local management in China.
In our Corporate Affairs practice area, we advise German and European companies on all matters of corporate law in relation to business in China. In connection with the formation of companies and the acquisition of existing businesses or interests, our work already starts in the planning stage, when decisions are taken on the suitable legal form, the investment is structured and financed and due diligence reviews are carried out. In collaboration with partner firms, we are also able to provide assistance in the identification of Chinese joint venture partners or acquisition targets. We have acquired know-how in the reorganization of one investor's entire Chinese operations. This includes the merger, splitting and spin-off of companies and the setting up of holding companies.
In the sales and distribution field, we devise schemes for the sale of imported goods on the Chinese market and its coordination via representative offices. We clarify issues relating to customs law and import procedures. With regard to goods produced in China, we support our clients in establishing distribution networks in China and structuring a reliable legal framework for cooperation with agents.
We provide advice on all questions concerning the employment of Chinese employees and expatriates. Besides drafting employment agreements, this also includes devising programmes through which Chinese employees can be tied to the company in question. We are often consulted by the local management of foreign companies in all kinds of personnel questions including reductions in the workforce. We also assist - alone or jointly with partners - companies wishing to recruit staff, in particular Chinese managers.
We do a great deal of work in the field of technology protection. Besides applying for registration of protected rights and organizing technology transfers, we pursue infringements of protected rights on a nationwide basis.
We take account of tax planning aspects and foreign exchange questions in all projects for which we are instructed to give advice. In the case of new investments, we advise clients on the possibilities of using offshore companies in a manner which meets the requirements of doing business in China.
Finally, we support clients in dispute resolution and if necessary also represent them before courts of arbitration.
Our partner Axel Neelmeier is also available as German arbitrator for proceedings before the CIETAC - China International Economic and Trade Arbitration Commission - in Beijing, subject to no prior lawyer´s service having been provided.
In Germany, Schulz Noack Bärwinkel has been advising Chinese companies since the mid-1980s. Many of the major international Chinese companies come to us if they need legal advice in Germany.
We provide advice on all matters of corporate law in connection with the establishment of businesses in Germany and if necessary provide clients with "ready-made" companies from Fact Verwaltungs- und Beratungsgesellschaft mbH, a company established by the partners of the firm. We obtain work permits for managing directors, employees and any family members, advise on rental agreements and real estate purchase, we draft general business conditions, represent clients in commercial disputes and collect debts. We obtain intellectual property rights and defend these if they are attacked.
Through our international network of lawyers and tax advisers (IGAL) we are also able to assist clients rapidly and effectively in other European states.
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The team
Hamburg
RA Axel Neelmeier
RA Dr. Mark-Alexander Huth
Shanghai
Dr. Paolo Beconcini
Dr. Mario Feuerstein
Examples of our work
Advising an international chemicals company on the reorganization of one entire business division in China.
Spin-off of the sales and distribution activities from several joint ventures of a leading European medical equipment company in China and formation of a new sales and distribution company.
Representing a leading international trading company in the field of fastening and assembly products in connection with the preparation of and negotiations on the acquisition of all the shares in a wholly owned subsidiary of another foreign investor.
Providing support with regard to reduction in personnel in a joint venture with over 1,400 employees and advising on restructuring of the joint venture.
Representing a client in proceedings to arrest a ship before the Shanghai Maritime Court.
Devising a holding structure for a Chinese investment in Germany and completion of the necessary entries in the commercial register within 10 days.
Providing support for a Chinese investment in Germany from company formation to the acquisition of land and factory construction, including applications for work permits.
Merger of two "Chinese" companies in Germany and simultaneous liquidation of a third company.
Representing a major Chinese group in anti-dumping proceedings before the EU Commission.
Memberships
Deutsche Kaufmannschaft Shanghai
Deutsch-Chinesische Wirtschaftsvereinigung e.V.
Ostasiatischer Verein e.V.
Deutsch-Chinesische Juristenvereinigung e.V.
Chinesisch-Deutsche Gesellschaft e.V. Hamburg
Förderkreis Deutsch-Chinesischer Schüleraustausch e.V.
Hamburger Sinologische Gesellschaft e.V.
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