China Practice Group
Tanner De Witt’s China Practice Group was established in response to the growing need of clients in Hong Kong and overseas to understand better the legal and commercial landscape in Mainland China as well as of clients in Mainland China (the People’s Republic of China or PRC) to understand and develop their business and invest in Hong Kong and other parts of the world. Whilst we are a Hong Kong law firm advising on Hong Kong law, our knowledge and experience of China enable us to advise overseas clients who have or wish to establish business interests in China.
Acting as super-connectors (see article Hong Kong is “super-connector” bridging Mainland and global markets under Belt and Road Initiative on the Hong Kong Government’s website), we engage suitable local and regional expertise in China to help our clients with PRC-related issues. Similarly for our clients based in Mainland China, we utilise our established relationships with a network of recommended law firms and various intermediaries throughout Europe, the US and the rest of the world to assist them in establishing and expanding their business outside of Mainland China.
With years of experience in investment both outbound from and inbound to Mainland China, our team has helped businesses to understand the local culture and operational practices and to develop their growth strategy within the PRC. Our lawyers speak Mandarin, Shanghainese and Cantonese along with English, French, Dutch and Spanish and write Simplified and Traditional Chinese.
We are experienced in advising clients in drafting documents and completing deals within Hong Kong. Hong Kong law is often the governing law of contracts with Sino-Foreign elements and Hong Kong is a popular seat of arbitration for such contracts due to its developed and fair legal system and bilingual environment. We frequently represent clients in such arbitration.
General Corporate Commercial matters:
- Mergers and acquisitions
- SFC regulation / licensing
- Company formation and joint ventures
- Hedge fund and PE fund formation and investment
- Corporate finance
- Trademark registration and protection
- Trust and probate
- Immigration issues
Dispute resolution including Litigation and Arbitration:
- General contractual disputes
- Shareholder disputes
- Regulatory and SFC investigations
- Urgent injunction and disclosure applications
- White collar crime and money laundering
- Immigration investigation and family matters law including matrimonial and probate dispute
Insolvency & Restructuring
Experience and Key Cases
- Advised Kaisa Group Holdings Limited in the multi-jurisdictional restructuring of the company’s offshore debt of approximately USD 2.6 billion (nearly RMB 17 billion).
- Advising the liquidators of a large Chinese financial institution in connection with novel issues arising from the PRC regulators refusing to release funds held in PRC other than in RMB for payment of dividends in that currency.
- Advised on and assisted a PRC-based fund manager to structure their China fund management platform by introducing an entirely new shareholding structure to permit separation of income streams and control.
- Advised one of the largest natural resources companies in China on an investment into a Hong Kong company that holds coal mining assets in Pakistan. The investment involves a subscription for shares in the target company and our client will become the majority shareholder.
- Advised a Hong Kong start-up company on the investment and acquisition of shares in the company by a world-leading international electrical products and telecommunications company and a Chinese PE fund.
- Acted for the intervener in a preliminary issue of whether his shareholding in a Shanghai-listed company is considered a matrimonial asset in a divorce.
- Acting for Chinese businessman to recover assets (including listed shares and properties in Hong Kong, interests in a sino foreign equity joint venture in the PRC and companies in the BVI) which were fraudulently transferred abroad.
- Acting for major shareholders and Directors in various medium-sized companies who experience disputes.
- Acting for various PRC-based fund managers to establish hedge- and PE funds.
- Acting for a Chinese shareholder of a large Hong Kong-listed PRC real estate developer to acquire two luxurious properties in the mid-level through acquiring shares of the holding company.
- Acting for a French PE fund to acquire 95% shareholding in a WFOE in China.