Fangben has abundant experience in assisting foreign investors to conduct FDI in China, and has successfully advised clients on a large number of WFOE, EJV, CJV projects as well as domestic reinvestment projects by FIEs. The services it provides in this area mainly include:
to draft and review the investment agreements, corporate constitutional documents (joint venture contract, articles of association) and other related documents (e.g., agreements regarding IP, Know-how); to help design investment structure and perform legal due diligence; to participate in negotiations; to serve as special counsel on certain PRC legal issues (e.g., foreign exchange, IP, tax and labor law issues);to prepare, assist with the preparation of or review application documents (e.g., feasibility study reports project applications, etc.), and to facilitate communications with the approving authorities and other competent government authorities; to handle compliance matters in the day-to-day operations; to advise on restructuring, merger, spin-off, dissolution and liquidation, etc. of the foreign invested enterprises.
With the comprehensive upgrade of the Chinese industry, traditional FDI has been gradually leaning towards industries having technical additional value in the past decade. Throughout the transformation, Fangben has been providing more valuable legal services on matters such as the design of financing mode, the layout of intellectual property’s portfolio, the arrangement of options and etc.
Assisted one of the world-leading BPO operators in establishing call center entities in China and obtaining the license for value-added telecommunication services from Ministry of Industry and Information Technology of the PRC. Designed a special legal framework that meets client's strategic needs and provided comprehensive legal support on financing during the operation phase, tax planning and technology licensing, etc.;
Assisted American Checkpoint Systems in establishing a flagship production enterprise and obtaining an industrial land in Nantong, Jiangsu Province, China. Provided all-sided legal services during the start-up procedure of this production base on the issues relating to the design-build of the factory, personnel transition and the negotiation of investment agreements with the local government and etc.;
Assisted Demandware, a leading SaaS service provider in the United States to establish its first operational entity in China and provided legal services on initial operations, cyber security compliance and etc. Also provided legal support on its acquisition by Salesforce, a world-leading ERM service provider, and business integration affaires in the China market related to such acquisition;
Assisted the Finnish automotive wire harness manufacturer PKC to establish a joint venture with JAC Motors.