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China Legal Counsel, China General Counsel

We have a special program to serve as China Legal Counsel or China General Counsel for foreign invested firms in China. As experienced China lawyer, we will make sure your China law compliance and avoid legal risk wherever possible. We also have Shanghai lawyer, Beijing lawyer, Nanjing lawyer, Guangzhou lawyer, Nanjing lawyer and Guangzhou lawyer ready for your service.

Small businesses may benefit from outside General Counsel services such as legal assistance with business contracts, employee matters, and regular day-to-day concerns of the operation by an experienced China business attorney who is familiar with the business as a whole, the future plans for that business, and who has a consistent working relationship with the entity and the principle players.

1. Employee Agreements- The careful drafting of key employee agreements and Independent contractor agreements in the beginning can save the employer numerous problems later on by detailing specific duties, payments, pay dates, and dispute resolution procedures from the onset of the relationship. Other matters, such as non-compete provisions, nondisclosures, milestone expectations, and the protection of company Trade Secrets, can also be explained and detailed in a carefully drafted employee agreement.

2. Employee Handbooks- There are two schools of thought concerning Employee Handbooks. In one camp, there are people who believe that not having an Employee Handbook is desirable because the company does not have to worry about being sued for violating its own employee policies. The other camp believes that a carefully drafted Employee Handbook is crucial to the success of the company through the subsequent reduction in misunderstandings about employer and employee expectations, and company policies, procedures, and governing rules, leading to greater retention of employees and reducing turn-over costs for the organization.

 

3. Policies and Procedures- Employee questions and concerns, that seem to occur throughout the organization, can be uniformly addressed and applied through the use of company policies and procedures. By standardizing policies and procedures for the organization, employers can eliminate duplicative employee concerns, address crucial processes and procedures from a company-wide perspective, and thereby reduce confusion and repetition, thus saving company time and resources. Many owners find themselves too busy, or too close to the matter, to correctly address the core concerns. Often times an outsider can approach the problem with a fresh look, assist in analyzing the concern so that the problem, not the symptoms, are addressed.

4. Standardized Contracts- Many smaller businesses start off utilizing other company’s contracts, either because they have no contracts of their own to use or because the other party is perceived as having greater bargaining power. Eventually, most companies benefit from using their own contracts, drafted to be most favorable to their position, for use in operations. The utilization of this type of standardized contract can eliminate future problems for the business and in some instances can lower insurance costs for the entity.

5. Contract Negotiation, Drafting, Review- All businesses will need to carefully review and assess contracts concerning their business throughout the life of their business. An experienced contract lawyer can help you identify imbalances, potential future problems, ascertain the risks involved, and allow the business owner to balance the costs and benefits of the proposed contract from an informed perspective.

6. Licensing Agreements- A license is a right to use someone else’s property or enjoy their rights of ownership. Licenses may be for the use of another’s Trademark, invention or process, property, or other rights. I can help you prepare licensing agreements for your company’s use or review and negotiate other company’s licensing agreements prior to execution by your company.

7. Leases- Most businesses will elect to lease something, rather than buy it outright, to evaluate the item for possible future purchase, the need for the item is for a limited time only, or because the item is cost-prohibitive to the organization at the current time. Leases may be for equipment, land, or office or factory space, and may be for a period of months or years. Many businesses just getting started benefit from a lease-to-own arrangement, where they can get the equipment they need to start, but prefer to eventually own the equipment outright. Should you need a lease drafted, or if you have a lease you would like reviewed before you sign it, I can help you.

8. Transactions- Transactions can include the conducting of any business: negotiation; drafting an agreement; leasing; selling; borrowing; promissory note; security agreements; the happening of an event; the holding of a conversation between parties; or a transaction may be a series of acts or agreements. Larsen Law™ can assist you with your transactional needs through the use of experienced, licensed China attorney services.

9. Services Agreements- Service agreements can be used in almost instance in which you need to use someone else’s services. Items such as electronic subscriptions, personal services, and independent contractor agreements are examples of service agreements many businesses need.

10. Releases and Waivers- Releases and waivers may be drafted to express an intention to discharge another party or parties from a duty, obligation, debt, claim, privilege, restraint, demand, deed, or a host of other items. Releases and waivers may include such items as participant releases, waivers of lien, or the extinguishment of a legal right. Depending on the type of release or waiver you need, specific provisions must be included and tailored to reach the desired outcome of protection.

11. Nondisclosure Agreements- Nondisclosure agreements are a written, signed agreement under which two or more parties agree not to disclose specific information learned or acquired during the relationship between the parties, for a stated length of time. Nondisclosure agreements are used to protect valuable company assets, development, marketing, products, and processes. Nondisclosure agreements can be mutual, in which neither party may disclose, or they can be drafted to only restrict the actions of one of the parties.

12. Non-Compete Agreements- A non-compete agreement restricts one or more parties to the agreement from selling their goods or services in a particular geographic region, for a particular period of time, or from working for a competitor of the current employer. China statutes provide for specific instances under which a person can be held to a non-compete agreement. Some of these instances are the purchase and sale of a business or its assets, Trade Secret protection, and they can also be applied to certain management and executive personnel.

13. Sales Contracts- Frequently, a manufacturer, reseller, or wholesaler will enter into a sales agreement granting the other party a volume discount, or an alternate incentive, if particular sales levels are met. A sales contract documents this relationship enabling both sides of the transaction to properly track their duties, obligations, and benefits. The sales contract can also provide remedies should either side not abide by the agreement and it will allow for future legal recourse in the event of a breach. Sales agreements are useful to companies in projecting future sales and revenues.

Contact our China lawyer and you are welcome to retain our attorney as your China Law General Counsel.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.