How to Operate Lawfully in China: A Legal Update for EU SMEs

You can find the recorded video on Youtube:

Doing business in China involves a series of challenges and risks that request a good understanding of its laws and regulations. This webinar will bring you up to speed on recent legal changes in China, including the following topics:

• Labour Law: Further interpretation guidelines have been recently published by the Higher Court in Beijing and the Mediation Committee for labour disputes. These guidelines include detailed interpretations on compensation payments (e.g. in case of termination) and on the right of employees to request a permanent labour contract.
• Company Law: The amendment to the Chinese company law entered into force on March 1, 2014. One of the most important changes concerns capital contribution and capital maintenance, which can also affect in practice the liability of shareholders.
• Trademark Law: The amendment to the Chinese trademark law entered into force on May 1, 2014. Major changes include the introduction of deadlines for the relevant authorities concerning the approval process, further optimization of the appeal procedure and amendments concerning the range of compensation for damages.
• Corruption Prevention: The Chinese Government is currently taking massive actions against corruption. A prominent example is the investigation against the British pharmaceutical company GlaxoSmithKline. European companies should therefore be able to correctly estimate the legal risks of corruption in China and to avoid criminal liability of the company management.

About the Speaker

Dr. Florian Kessler heads up the Beijing Office of German law firm Wuelfing Zeuner Rechel. He has more than 12 years of expertise in the Chinese market, of which 7.5 years as General Manager of the service section of the German Chamber of Commerce in North China. Dr. Kessler is admitted as German Attorney-at-Law and holds a Master degree and a Ph.D degree in international law. He is a frequent publisher and speaker on Chinese law and a Visiting Professor at China University of Political Science and Law. In May 2014 he was appointed as an arbitrator at the China International Economic and Trade Arbitration Commission (CIETAC). As a member of the Mixed Bilateral Government Commission supported by the PRC Ministry of Commerce and the German Federal Ministry of Economics and Energy he developed sample clauses for joint venture transactions.

Further reading

EU SME Centre Guideline: Labour Law in China

EU SME Centre Guideline: Internal Labour Rules and Social Insurance

EU SME Centre Law Database