Newly Revised China Law Guides from China Briefing

Posted by Reading Time: 5 minutes

Jun. 23 – The last two months have been busy ones at China Briefing as we have extensively updated and revised several of our key China business guides. Including all recent regulatory updates and changes to China’s laws as affect foreign investors in the country, a roundup of these new releases is as follows. They are priced at US$40 each for immediate PDF download from the Asia Briefing Bookstore.

Setting Up Wholly Foreign Owned Enterprises and Foreign Invested Commercial Enterprises in China (Third Edition)
This book, now in a fully revised and updated third edition, details the two primary vehicles for foreign invested trading and manufacturing in China. The popularity of wholly foreign owned enterprises (WFOEs) in China has been steadily increasing in recent years; accounting for 77.4 percent of total international investment for the first half of 2010, compared to 27 percent in 1995.

This new revised guide contains all the recent regulatory changes governing WFOEs and FICE and provides a practical overview for the international business-minded individual to understand the rules, regulations and management issues regarding establishing a WFOE.

This fully inclusive 100-page guide covers the following topics:

  • Establishing wholly foreign owned enterprises
  • Pre-investment planning
  • Establishing manufacturing and service WFOEs
  • Establishing foreign invested commercial enterprises
  • Full implementing rules and draft articles of association
  • Calculating your registered capital requirements
  • Converting JVs to WFOEs, and establishing WFOE branches
  • Tax and audit obligations
  • Human resource issues
  • Obtaining export tax and VAT rebates
  • WFOE liquidation procedures

Setting Up Joint Ventures in China (Third Edition)
A fully-updated and revised edition of this popular title. The content starts with choosing the pertinent JV structure, assessing a potential partner, and conducting legal and financial due diligence, this guide walks you through, step-by-step, each of the key points of setting up a joint venture in China. It includes a complete draft of both a JV contract and articles of association as well as an overview of JV laws, negotiation issues, land use rights, IP protection and technology transfer, in addition to tips on staff hiring and HR. It also describes tax and audit responsibilities in addition to buying out a JV partner and liquidation requirements. A detailed and pragmatic guide of use to anyone considering a China JV.

This book covers the following topics:

  • Assessing the need for a Chinese partner
  • JVs vs. WFOEs
  • China’s JV implementation laws
  • Equity and co-operative JVs
  • Legal and financial due diligence
  • Memorandums of understanding
  • Encouraged industry applications
  • JV contracts and the articles of association
  • Land use rights
  • Protecting your IP
  • Technology transfer agreements
  • Human resources and acquiring staff
  • Taxes and audit requirements
  • Converting a JV to a WFOE
  • Liquidating a JV

Mergers and Acquisitions in China (Third Edition)
If wanting to enter or develop your China market via acquisition, or looking at investing in a China-based company, then this book is for you. This new, fully-updated guide is now in its third edition and is a practical overview for the international business-minded individual to understand the rules, regulations and management issues regarding M&As in China. It will help readers understand the implications of what can initially appear be a complicated and contradictory subject. This book tells you the basics of what you need to know, and points you at the structures you should use as well as some of the pitfalls.

This fully inclusive 100-page guide covers the following topics:

  • Risk analysis
  • Due diligence
  • Valuing your targets’ shares
  • Land use rights
  • Acquisition procedures and timetable
  • Assessing China governmental risk
  • Environmental due diligence
  • Acquiring state-owned enterprises
  • China re-investment incentives
  • Re-structuring the company
  • M&A case studies
  • China’s M&A regulations

Intellectual Property Rights in China (Second Edition)
This guide is a detailed overview of all aspects of IPR and protection in China. Produced in association with AWS, Austria’s federal development and financing bank, this is an essential guide for any business-minded individual trading with or conducting business in China.

From covering protocol for dealing with trade fairs, to the application processes for trademarks, patents, copyright and licensing, as well as dealing with infringements and enforcement, this guide is a practical reference for any international business-minded individual concerned with their IPR in China.

Chapter contents are as follows:

  • An introduction to IPR in China
  • IPR laws in China
  • Patents
  • Trademarks
  • Copyright
  • Unfair competition
  • IPR registration in China
  • Dealing with infringements
  • Protecting your IPR
  • Enforcement of IPR in China
  • Conditions for enforcement
  • Administrative action
  • Civil law
  • Criminal law
  • Customs
  • Main IPR laws, regulations and conventions in China
  • National intellectual property strategy

Conducting Due Diligence in China
“Conducting Due Diligence in China” focuses on the on-the-ground issues upwards, and contains a wealth of practical knowledge and professional experience gained from the firm Dezan Shira & Associates, being based upon numerous live case studies gained over the past 20 years.

Featuring basic due diligence that business entrepreneurs can conduct themselves for free, and reaching as far as corporate due diligence for taking companies to listing, it takes the overseas executive through varying stages of legal, financial and operational due diligence and highlights common areas of concern. Importantly, the report discusses areas of manipulation that can exist in the examination of Chinese companies, including legal documentation, techniques of assessing financial statements, asset checks such as land use rights, fraud within human resources claims and how to evaluate government involvement and liabilities. This report will be of practical use to all foreign executives involved in China purchasing, OEM manufacturing, business evaluations, joint venture partnering, or conducting checks on a China subsidiary.

This report features the following topics:

  • The contradictory nature of China’s commercial laws and where these lie
  • Registration pointers concerning legitimacy
  • Chinese business licenses and permits translated and explained
  • Assessing Chinese management structures and talents
  • Misrepresentation of true limited liability status
  • Checking land use rights
  • Inheriting staff from a Chinese partner
  • Inflation of profit margins
  • Anti-monopoly laws and considerations
  • Identifying government liability when assessing assets
  • Assessing environmental issues and conducting checks
  • Analyzing Chinese financial reporting
  • Common manipulations on balance sheets
  • Evaluating contractual obligations and assets
  • Evaluating external, inter-company and competitor relationships
  • HR due diligence and outstanding mandatory welfare obligations
  • China due diligence checklist

Please click on any of the titles or images for each book to access the specific volume. To view all books and titles we provide, please visit the Asia Briefing Bookstore.

These guides were written in collaboration with Dezan Shira & Associates, a boutique professional services firm providing foreign direct investment business advisory, tax, accounting, payroll and due diligence services for multinational clients in China. For more information, please contact, visit, or download the firm’s brochure here.