Chińsko-Polski Desk

One team of Swiss and Chinese lawyers
Local - in China and Europe

Wenfei’s representative work includes projects and advice on behalf of European, American, Japanese and local clients in a wide range of industries. Following are some descriptions of our competence and achievements in various practice areas:

Corporate and Commercial

Ample experience as board members and attorneys of small and listed companies in Greater China and Switzerland; planning, coordination, negotiation and implementation of Greater China Region distribution network for European luxury brand; coordination and implementation, incl. setup of entities and obtaining necessary government approvals of several forwarding business networks in the Greater China Region; legal advice for commercial terms relating to product distribution or sales agency, raw material supply, license of trade marks and patents, bank loans, shares or assets transfer, and property leasing; and advice for the obtaining of operational licenses and liquidation procedures.

Transactions

The successful implementation of one of the first strategic investments of a foreign company in a listed PRC Company; creative contractual structures for lose forms of co-operations in the PR China and usual FIEs; management and coordination of large due diligence projects; qualified (according to Chinese law) for due diligence services regarding acquisitions in Europe by Chinese enterprises.

Financial Services

Consulting and assisting for private placements and take-over bids, advising listed companies regarding the compliance of information disclosure requirements and corporate governance requirements of Chinese supervisory bodies; establishment of ETFs for real estate investment in China; advice on Swiss private banking and wealth management service to Chinese individual and corporate customers

Litigation & Arbitration

Arbitral procedures in accordance with SWISS Rules of International Arbitration as well as the rules of the following arbitration organisations: CIETAC, Beijing Arbitration Institute and ICC. Furthermore experience with arbitral procedures in Hong Kong and Singapore. Regional handling and coordination of patent and other IP litigation matters involving European and US technology companies; coordination with Interpol and government authorities of several countries for successfully resolving international multi-million dollar criminal matter, incl. criminal, civil and investigative proceedings in Switzerland, Spain, Hong Kong, Taiwan and Australia. Successful negotiations with governmental authorities and state-owned enterprises (SOE) in China.

Competition / IP & IT Law
  • Competition/Antitrust: Regular handling of merger-control analysis and related filings in conjunction with coordinating multinational firms. – Litigations based on competition law.
  • IP & IT: Handling and coordination of Asia-regional IP filings and litigation matters for European technology companies; successful novel process-patent litigation in Taiwan in case matter involving PRC manufacture of bulk pharmaceutical chemicals; advice on protection of trade secrets for European and American clients in the semiconductor, agro-chemical and pharmaceutical industries; management and handling of investigation into and legal actions against counterfeit manufacturers, importers, distributors and retailers in the automotive, software, fashion, luxury-goods, industrial-tool, and educational fields. Established co-operations with mandatory trademark agents in China.
Investment

Advice for the first Sino-foreign partnership fund to facilitate investments. First-ever approved Euro-dollar foreign-investment in Taiwan; Regular advice for FDI in the areas of construction, architecture design, machinery equipment, logistics, certification, pharmaceutical, environment protection and clean energy, cosmetic products, conventional media, education, infrastructures.

Natural Resource & Real Estate

Broad Experience in examining existing and obtaining new land use rights; handling of all legal work for construction of one of Asia’s largest pharmaceutical distribution centres; negotiation and handling of architect and construction agreements for the Beijing National Stadium (Bird’s Nest) and other Olympic buildings; negotiations and assistance for several large-scale projects in Shenzhen, Shanghai, Dalian, Wuhan and Suzhou; advising Chinese clients purchasing real estate in Europe.

Employment

Advice and drafting of employment contracts for multinationals and SMEs; handling of non-compete breach case matters on behalf of European technology and industrial companies; handling of employment matters pursuant to company set-up, shut-downs and mergers on behalf of European and American technology companies; regular handling of advice on compliance with social security and pension rules, collective and individual labour relations; representing European clients to handle dismissal and severance of managerial personnel in the PRC to ensure stable transition.

Tax

Advise for tax-optimized, international investment structures, inclusive establishment of required investment vehicles. Asia-wide coordination and implementation of transfer-pricing and related business models, incl. all related contract management European companies in the technology as well as luxury goods industry; advise expatriates in the PRC on income structuring.

Individual clients

Assets management, estate inheritance, migration, application for residence permits in Switzerland, etc.

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