Ladies and Gentlemen,
I'd love to take your questions regarding China's business law. Free of charge. But before raising your questions, pls consider the following:
1:My practice primarily focuses on investment, corporate affairs and intellectual property rights, also do trade law, though not as extensively as the foregoing. I'll try to answer your questions in, but not neccessarilly limited to, these areas.
2:Given my daily routines, please forgive me if I could not be able to take ALL your questions and reply soon. But I'll try my utmost.
3:If you think your question is business-sensitive or too complex to sum up in a couple of lines, you may wish to contact me via the Trademanager or leave me a message containing your contact info, or find me at my blog site of http://prcbusinesslaw.blogspot.com/ , so that  we can further discuss in private.
4:Before you ask someone fo/r legal advice, please first make sure he or she is a licensed lawyer and is legally competent to practise the law concerning your dispute. As a Chinese lawyer, my advice is primarily focused on disputes relating to China.
5:Last but not the least, given the nature of this forum and the cyberspace, any of my replies is based on the truthfulness and accuracy of your representations and is not intended to be or to substitute any formal legal opinions. Ladies and gentlemen, here we go!

Quoting from [Jay]:

I have a question that I just posted:

I'm trying to close a deal between a Chinese refinery and a Russian refinery of Oil products.  These are direct refineries, not re-sellers.  We have done everything the Chinese have asked for in regards to the contract and getting them their quantities changed, etc.  Now, after 2 months, even though this has been on the contracts all along, they're saying that commissions can't be disclosed on the contracts, but the Russian refinery is saying that it's against the law not to disclose commissions. This is the only request that the Russian refinery is not bending to.  Do you know where it says that it's a law to disclose commissions on a contract?  I'm trying to show it to the Chinese in writing so that I'm protected and I can show the refinery that it's an actual law.

Your immediate response is greatly appreciated,

Thank you,

Jay,

Assuming you are talking about the contract between the two refineries in which a commission clause for your benefit is expected to be included, as against a separate commission contract to be entered, there is no PRC law prohibiting such practice. Nor be there such law demanding such an inclusion. It's up to the parties to decide whether to do that or not. However, the PRC Act against Unfair Competetion provides that the commission paid to the middle man must be accounted clearly (Art. 8). That is a way to prevent under table deals. The Chinese party's refusal to include the commission clause into the contract appears dubious if there is no separate commission agreement. In such situation, it's always crucial for the middle man to identify who will pay him the commission and when. The Chinese party's refusal may not be well grounded.

Lawyer_He

Quoting from [lawyer_He]:

Ladies and Gentlemen,
I'd love to take your questions regarding China's business law. Free of charge. But before raising your questions, pls consider the following:
1:My practice primarily focuses on investment, corporate affairs and intellectual property rights, also do trade law, though not as extensively as the foregoing. I'll try to answer your questions in, but not neccessarilly limited to, these areas.
2:Given my daily routines, please forgive me if I could not be able to take ALL your questions and reply soon. But I'll try my utmost.
3:If you think your question is business-sensitive or too complex to sum up in a couple of lines, you may wish to contact me via the Trademanager or leave me a message containing your contact info, or find me at my blog site of www.prcbusinesslaw.net, so that  we can further discuss in private.
4:Before you ask someone for legal advice, please first make sure he or she is a licensed lawyer and is legally competent to practise the law concerning your dispute. As a Chinese lawyer, my advice is primarily focused on disputes relating to China.
5:Last but not the least, given the nature of this forum and the cyberspace, any of my replies is based on the truthfulness and accuracy of your representations and is not intended to be or to substitute any formal legal opinions. Ladies and gentlemen, here we go!

i run a import& export company from MUMBAI INDIA  and would like to open an office in CHINA for purchasing& shipping directly from China to my coustomers worldwide so i would like to know the legal process & paperwork

kindly help me

Quoting from [santosh shah]:

Quoting from [lawyer_He]:

Ladies and Gentlemen,

I'd love to take your questions regarding China's business law. Free of charge. But before raising your questions, pls consider the following:

1:My practice primarily focuses on investment, corporate affairs and intellectual property rights, also do trade law, though not as extensively as the foregoing. I'll try to answer your questions in, but not neccessarilly limited to, these areas.

2:Given my daily routines, please forgive me if I could not be able to take ALL your questions and reply soon. But I'll try my utmost.

3:If you think your question is business-sensitive or too complex to sum up in a couple of lines, you may wish to contact me via the Trademanager or leave me a message containing your contact info, or find me at my blog site of www.prcbusinesslaw.net, so that  we can further discuss in private.

4:Before you ask someone for legal advice, please first make sure he or she is a licensed lawyer and is legally competent to practise the law concerning your dispute. As a Chinese lawyer, my advice is primarily focused on disputes relating to China.

5:Last but not the least, given the nature of this forum and the cyberspace, any of my replies is based on the truthfulness and accuracy of your representations and is not intended to be or to substitute any formal legal opinions. Ladies and gentlemen, here we go!

i run a import& export company from MUMBAI INDIA  and would like to open an office in CHINA for purchasing& shipping directly from China to my coustomers worldwide so i would like to know the legal process & paperwork

kindly help me

contact me by MSN  xhyan92  at hotmail dot com, and I will tell you in detail.

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santosh shah wrote:

i run a import& export company from MUMBAI INDIA  and would like to open an office in CHINA for purchasing& shipping directly from China to my coustomers worldwide so i would like to know the legal process & paperwork

kindly help me

In 2004, made substantial modifications to its laws with regards to import and export companies. Previously, there were substantial investment requirements and generally the requirement for a local Joint Venture partner. However, it is now relatively simple to establish a wholly foreign owned trading company. The general process is as below:

 

1)      Determine the location in which you would like to establish an office, keeping in mind that in China, you are required to maintain a real physical office space where the business is registered, so a lease of a minimum term of 1 year will need to be signed;

2)      Determine which of your companies will act as the investor into (many companies will establish a new holding company for such purposes);

3)      Hire an agent or attorney to prepare the relevant documentation and file and deal with the relevant authorities;

4)      Collect and sign relevant documents, send to agent or attorney, and they will file with the commerce authorities (1 to 2 months);

santosh shah wrote:

i run a import& export company from MUMBAI INDIA  and would like to open an office in CHINA for purchasing& shipping directly from China to my coustomers worldwide so i would like to know the legal process & paperwork

kindly help me

1)      After the commerce authorities approve your application, then you will need to obtain a business license from the administration for industry and commerce (1 to 2 weeks);

2)      Subsequent filings must also take place such as with Customs (1 to 2 months);

3)      Investment of registered capital and verification by audit company (1 to 2 weeks); and

4)      Obtain permanent business license.     

 

 

Note that depending on the type of products which you will be trading and volume, a certain investment will be required by the authorities in the form of registered capital. Generally for a trading company, the registered capital should be around US$100,000, which may be invested in a period of 1 year.

 

 

If you have any other questions, please let me know.