China

One of the fastest growing markets in the world, China is increasingly considered an essential component in a successful international business strategy. Many multinational corporations, associations, private investors, and multilateral institutions rely on the dedication of Holland & Knight’s China Team to achieve their global business and investment goals in this emerging market.

Comprehensive Support

All types and sizes of businesses around the world are pursuing opportunities in China’s burgeoning 1.3 billion consumer marketplace through alliances, joint ventures, the venture capital market and other initiatives. Whether in the industrial, financial, commercial or service sector, our legal team has the applied experience and regional know-how to advise you in all your China-related activities. From large infrastructure deals to product sourcing, registration and testing to developing plans to prevent illegal labor practices in supplier manufacturing facilities, we offer comprehensive counsel for any type of project.

Transactional Prowess

When assisting clients looking to establish, finance or operate a business in China, Holland & Knight attorneys take a hands-on, commercially-oriented approach to helping you pursue your objectives on every level. We regularly advise on corporate, commercial, regulatory, labor and employment, and taxation issues facing U.S. and other international clients in their China-related matters. We assist clients across a broad range of industries and services, including the establishment of wholly owned subsidiaries, joint ventures, mergers and acquisitions, private equity and venture capital, energy and infrastructure, banking and finance, taxation, labor and employment, technology, intellectual property, and real estate development and related transactions.

Keen Regulatory Understanding

To avoid legal pitfalls and minimize enforcement and public perception risks for your company, our attorneys can help you transform ambiguous Chinese regulatory requirements into practical compliance plans. We are well versed in a broad range of regulatory programs in China and regularly assist clients in myriad regulatory issues, including:

• product border restrictions and registration
• environmental compliance planning and due diligence
• hazardous substance restriction ("RoHS")
• product registration
• air pollution control
• waste electronic and electrical product ("WEEE") recycling
• hygiene regulation
• pre-market certification and associated testing requirements
• chemical registration
• product design standardization
• regulated materials transportation
• end-of-life product and materials disposition
• worker health and safety
• employment/labor management
• emergency planning
• telecommunications

We offer assistance with developing and implementing advocacy plans concerning Chinese law and rulemaking or legislative drafting efforts associated with these areas that may affect your operations and products.

Government Relations Insight

The success of Chinese business and investment initiatives often hinges upon your ability to secure government approvals, engage with government officials regarding confusing China laws, and advocate to these officials particular approaches to achieving your company goals in China. This is where Holland & Knight’s international lawyers apply years of experience working in and with Chinese government organizations towards serving your government relations objectives.

China team attorneys have worked extensively on client issues involving the National People's Congress (NPC), the State Council, and key State Council regulatory agencies at the national and local levels throughout the People’s Republic of China. National agencies the team routinely engages with on client issues include the State Environmental Protection Administration (SEPA), the State Administration for Work Safety (SAWS), the Administration for Quality Supervision, Inspection and Quarantine (AQSIQ), the AQSIQ Certification and Accreditation Administration (CNCA), the AQSIQ Standardization Administration (SAC), the Ministry of Health (MOH), the Ministry of Information Industry (MII), the Ministry of Finance, the Ministry of Labor and Social Security (MOLSS), the Ministry of Commerce (MOFCOM), the Ministry of Information Industry (MII), the National Development and Reform Commission (NDRC) and other Chinese authorities. The China team is also experienced in dealing with Chinese agency affiliates, including testing and research institutes.

Our China team attorneys coordinate with our International Trade attorneys to provide counsel on the U.S. Foreign Corrupt Practices Act to ensure that engagement with Chinese authorities is conducted in a manner consistent with the Act's requirements.

Representation of Chinese Clients in U.S. and International Transactions

As organizations around the world tap into China’s growing marketplace, emerging Chinese companies and investors are progressively engaging in business and investments in the U.S. and elsewhere. When Chinese clients seek counsel for cross-border activities, our team works seamlessly with attorneys firm-wide to offer support on issues such as:

• formulating the appropriate investment holding structure for the client’s U.S. investments and operations
• advising on the establishment or acquisition of a U.S. business
• advising on real estate investment and development
• construction, litigation, banking, and general corporate and finance matters (including private placements and registered securities offerings)
• registering patents
• transferring technology or personnel
• regulatory and other compliance issues
• understanding client obligations under the U.S. Foreign Agents Registration Act

Regional Orientation & Involvement

To enhance our services to you, our China team includes multilingual principals widely recognized for their work representing industry in the China market and before the Chinese government. Team members provide counsel to the China Roundtable, a corporate member-driven industry association. The China Team includes a former Legislative Director from the National People’s Congress, responsible for drafting China’s national laws and overseeing local government implementation and enforcement of national law.