Overview
Key Servicesshow
Corporate General
- Advising on M&A: development of strategies / legal due diligence / negotiation / consulting / advice / contract drafting for M&As involving China, acquisition of licenses and permits, and execution of other administrative procedures
- Advising on investment structure and corporate governance: Chinese investment structure, holding company, internal governance structure, investment vehicle, and consulting regarding PEF investment
- Establishing a corporate entity: consulting regarding establishing a local subsidiary in China through wholly foreign owned enterprise / limited partnership / joint venture
- Consulting on laws and regulations related to conducting business in China and business environment
- Preparing and reviewing contracts related to transactions between South Korea and China
- Comprehensive legal service regarding Chinese corporation’s investment in South Korea
Finance
- Consulting on financing for South Korean corporations investing in China
- Consulting on financing for Chinese corporations investing in South Korea
- Preparing contracts for syndicated loan, project financing, structured loan, guaranty or collateral involving China
- Consulting on settlement using the currency of RMB between China and South Korea
- Consulting on business operation and supervisory authorities for outbound Korean financial institutions
- Consulting on business operation and supervisory authorities for inbound Chinese financial institutions
Fair Trade
- Reviewing legality in advance and executing compliance training for executives and employees
- Assist organizing compliance program
- Assist responding to dawn raids by competition authority
- Consulting on countermeasures regarding investigations including application for suspension of investigation, such as enterprise content management systems, and leniency programs.
- Consulting on countermeasures regarding investigations including application for suspension of investigation, such as enterprise content management systems, and leniency programs.
- Reviewing law on cartel, abuse of market dominant position, and M&A and conducting analyses in terms of economy and accounting
- Assist minimizing administrative and criminal sanction
- Consulting on civil damage proceedings
Taxation
- Transfer pricing policy and forming strategies
- Analyzing transfer price and preparing a report on transfer price synchronization
- Bilateral / unilateral APA / MAP
- Consulting on Korea-China Tax Convention / Korean tax law / Chinese tax law
- Consulting on taxation related to M&A
- Tax consulting on corporate restructuring such as establishing / conversion into holding company
- Accounting / financial due diligence on target corporations for acquisition
- Tax consulting related to investment in China
- Consulting on customs in China
- Matters related to anti-dumping
Real Estate
- Analyzing and selecting transaction structure for real estate investment
- Analyzing tax benefits regarding real estate investment
- Consulting on selling and purchasing real estate
- Consulting on real estate development business
- Consulting on real estate lease issue
- Consulting on construction, engineering, and environment issues
- Consulting on financial issues related to real estate
- Resolving conflict regarding real estate
HR/Labor
- Legal consulting: Consulting on labor law, diagnosing legality, litigation consulting, amendment to regulation / system
- Consulting on HR structure: Global HR strategy, strategy to acquire and maintain key figures, HR system improvement, organization / personnel diagnosis, managing organization and change, and leadership diagnosis
- Consulting on labor-management relationship: consulting on strengthening labor management system, labor-management negotiation, response to dispute / strike, developing site labor leadership, diagnosing labor-management relationship risk
Intellectual Property
- Application / registration for Chinese intellectual property rights and researching precedent technology (including design) / trademark
- Determine whether Chinese patent / utility model is valid or violated
- Dispute involving Chinese intellectual property rights (filing a petition of objection, invalidation trial, infringement suit, and crackdown on counterfeits)
- Transfer of Chinese intellectual property rights and license negotiation
Litigation & Arbitration
- Analysis on threatened disputes and consulting on dispute prevention measures
- Analyzing issues in pending disputes and consulting on strategies
- Consulting on dispute resolution strategies through foreign litigation and international arbitration
- Foreign litigation and international arbitration (witness interview and fact finding, preparing argument brief, oral proceeding, and examining witness)
- Selecting local law firms and consulting on selecting legal or technological experts
- Conducting and consulting on negotiation for settlement
- Consulting on disputes in fields including, but not limited to, M&A, foreign investment, construction or energy project, trade, and commerce
Key Experienceshow
M&A / Fair Trade
- Advised on the approval of cross-border telecommunication business acquisition.
- Advised on a machinery company’s project to acquire a Chinese manufacturing firm.
- Advised on the legal due diligence regarding finance for the Chinese subsidiary of a chemical company.
- Advised on the acquisition of a Chinese company by an electronics company.
- Legal due diligence on Chinese operations for a steel company.
Managing Limited Partnership / Joint Venture / Wholly Foreign Owned Enterprise / Holding Company / Subsidiary
- Advised on a chemical company’s limited partnership project with AHF in China.
- Advised on a chemical company’s project to establish a wholly foreign owned enterprise in China.
- Advised on a chemical company’s limited partnership project with FS in China.
- Advised on an investment company’s joint venture in China / Inner Mongolia.
- Reviewed incorporation of an IT company’s local subsidiary in China.
- Advised on establishing a holding company of a chemical company in China.
- Advised on establishing a coil center for a general trading company in China.
- Reviewed establishing a financial subsidiary of a machinery company in China.
- Advised on establishing a venture capital for a telecommunications company in China.
- Advised on establishing a CVC of a telecommunications company in China.
- Advised on auditing the Chinese subsidiary of a broadcasting and telecommunications company.
- Advised on establishing a subsidiary of a shoes manufacturing company in China.
- Advised on a financial institutions’ limited partnership project for a real estate management company in China.
- Reviewed contract of a chemical company’s Chinese subsidiary.
Sales of Equity Securities
- Reviewed issues on a machinery company’s spin-off of its Chinese subsidiary.
- Reviewed issues regarding equity sales of a finance company’s Chinese subsidiary.
- Advised on reviewing a finance company’s share of Chinese subsidiary.
- Advised on an investment company’s project to sell Korean investment shares.
- Reviewed a machinery company’s sales of equity of Chinese subsidiary.
Investment Development and BOT
- Advised on an overseas company in the construction of a tunnel in China.
- Advised on a finance company’s BOT of Chinese highway.
- Advised on a finance company’s PF project in China.
Listing / IPO
- Revised lead manager agreement related to a Chinese cosmetics company’s public offering in South Korea.
- Advised on the legal issues related to a heavy industry company’s public offering in Hong Kong and the listing procedures.
Recovery of Claims
- Advised a domestic bank on recovery of claims related to Chinese PF.
- Advised a finance company on recovery of claims from a Chinese company.
Criminal/Civil Litigation
- Advised on dispute resolution and criminal charges regarding a Chinese aviation company’s claims/equity transfer against a Korean company.
- Advised on damage claim litigation on Chinese aviation cartel.
- Advised a Chinese aviation company’s Korean subsidiary on severance payment claim.
Real Estate & Construction
- Advised on an office building development project in China.
- Advised on a chemical company’s acquisition of right to use the land in China.
- Reviewed questions regarding the ownership of land and building related to moving the headquarters of a bank’s Chinese subsidiary.
- Advised on a project for urban planning in China.
- Advised on establishing JV for a construction company’s U-City Project in China.
- Advised on the sale of an apartment and business model for a Beijing subsidiary.
General Consulting
- Advised on establishing a R&D center in China.
- Advised on establishing a subsidiary in China.
- Advised on the authorization for building additional factories in China for a chemical company.
- Advised on the approval for a Taiwanese company to establish a manufacturing subsidiary in South Korea and for tax exemptions for high-technology.
- Advised on a Chinese company’s private consignment for issuing Chinese visas.
- Advised on the expansion into China.
- Advised on a machinery company’s Greenfield Investment in China.
- Advised on a bank and a company’s RMB Fund Project.
- Advised on the tax issue of moving a Hong Kong subsidiary to China.
- Advised on CKD business and Chinese TP.
- Advised on whether a company’s Chinese subsidiary is applicable to multi-level sales organization.
- Advised on trade disputes.
- Advised on a shipping company’s China-related business and operation.
- Advised on Chinese law for an electronic company.
- Advised on CDM business in China.
- Advised on the sub-regulations related to Chinese antitrust law for many economic institutions and Korean corporations.
- Advised on execution of sales dealer contract in China.
Tax / Transfer price
- Advised on the tax audit and APA project regarding transfer price among the Chinese subsidiaries of an automobile parts company and their domestic affiliates.
- Advised on the tax issues on the costs of a Chinese subsidiary.
- Advised on the tax issues on trade and commerce such as value added tax on tax rebate rate.
- Advised on tax issues on shifting a distributor’s Chinese holding company.
- Advised on making policies regarding transfer price between a machinery company and its Chinese subsidiary.
- Advised on the tax audit and APA project regarding transfer price among an electronic company and its three Chinese subsidiaries.
- Advised on APA and mutual agreement project regarding transfer price between a machinery company and its Chinese subsidiary.
- Advised on the structuring and tax consulting on the investment in a RMB fund.
- Advised on financial due diligence on management and control over two Chinese subsidiaries.
- Advised on tax audit on the acquisition of a Chinese company.
HR / Labor
- HR due diligence regarding M&A of a semiconductor company’s Chinese entity.
- Diagnosis of the organizational culture of a Chinese subsidiary and advised on improvements.
- Improved the HR system of a Chinese subsidiary.
- Integrated the HR system of a Chinese subsidiary.
- HR PMI Project after a company’s M&A in China.
- Diagnosis of leadership of Assistant Supervisor at a company’s Chinese subsidiary.
- Diagnosis of company leadership of a supervisor at a Chinese subsidiary.
- Improved HR system of a distributor’s Chinese subsidiary.
- Diagnosis of HR / Legal risk of the Chinese subsidiary.
Intellectual Property Right
- Filed petition of objection, adjudication, and litigation to stop companies from applying for imitated trademarks.
- Negotiation with the Chinese holder of trademark concerning a trademark transfer.
- Preparing Chinese/Taiwanese patent statement, application, and adjudication. Filed petition of objection to European patent and researched the precedent technology in China for a patent invalidation suit.
- Appealed a case regarding similar trademarks in China between companies..
- Diagnosis of infringement risk on trademark use.
- Introduced a company’s technology into South Korea and prepared to launch a new product.
- Investigation and crackdown on Chinese manufacturer of counterfeit products.
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Insights
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Newsletters
Customs & FTA Bulletin (Issue 11)
2019.05.10