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China Law Insight

About

King & Wood Mallesons (KWM) is the largest legal network in the Asian-pacific region formed by the leading Chinese law firm, King & Wood PRC Lawyers (being one of the first partnership law firms approved by the Ministry of Justice of China in early 1990s), and the prestigious Australian law firm, Mallesons Stephen Jaques, on March 1, 2012.  KWM(PRC) has extensive experience in many fields of Chinese law and practice as well as cross-border transactions. Rooted in China and Asia Pacific and with over 210 partners and 800 lawyers in more than 10 cities in Mainland China and some major international finance centers, KWM (PRC) seek to utilize our unique local resources and international experience to provide our clients with comprehensive legal services of international standard.

KWM (PRC) has a highly internationalized and specialized team of lawyers, and most of them are graduates from prestigious law schools in China and abroad. A large number of our partners and lawyers have worked in the United States, United Kingdom, Canada, Australia, Germany, France, Japan, Hong Kong and other international jurisdictions, and have extensive experience in transnational legal transactions.

Banking & Finance
As early as the 1980′s, our lawyers specializing in banking and finance were among the first PRC lawyers to provide legal services to the banking industry and are among the most experienced lawyers in China in regards to domestic and international financing.

Capital Markets & Securities
KWM (PRC) was one of the first law firms approved to provide legal services for securities transactions in China. We have represented issuers and underwriters in over 100 domestic and international transactions relating to IPOs and new share issuances, and become one of the leading PRC law firms in capital markets and securities.

Private Equity Investment
KWM (PRC) was one of the first Chinese law firms to provide legal services in private equity sector. With extensive PE project experience, we have a team of professional lawyers focused solely on the VC/PE practice. Our PE team has been involved in numerous high-profile transactions in various Chinese industries assisting many PE funds. We have been involved in many “No.1” ranked and seminal deals in the private equity field.

Corporate Governance & Compliance
KWM (PRC) provides clients with comprehensive corporate governance and compliance advice, including employment, environmental protection, anti-bribery, government procurement, intellectual property, international trade, privacy and personal information protection legal advice. Our corporate governance and compliance team helps clients to reduce or avoid the risk of administrative penalties, civil liabilities, criminal liabilities and other legal risks with the potential to adversely affect our clients’ businesses, and safeguarding the reputation and brands of our clients from harm.

Corporate M&A
KWM (PRC) has extensive experience in advising domestic and multinational companies in their merger and acquisition transactions. We have participated in many large landmark M & A transactions in China. We have represented acquirers, target companies, financial advisors and major shareholders in a wide variety of industries and in many types of M&A transactions.

Foreign Direct Investments
KWM (PRC) has extensive experience in foreign direct investments (“FDI”). Some of our FDI lawyers have been representing foreign investors since the early 1980s. Our legal services include establishment of Sino-foreign joint ventures, wholly foreign-owned enterprises, enterprise and asset acquisitions, investments and reorganization, transfer of technology, and liquidation in China by foreign enterprises and individuals.

Outbound Investment and Construction Projects
KWM (PRC) has assisted numerous Chinese enterprises in their “outbound investments”, acquisition of equity and assets and construction projects. Our experience in outbound investment and construction projects, coupled with our good relationships with China regulators and strong network of overseas offices and alliance of law firms in more than 30 countries and regions, allows us to provide effective solutions and international legal services for Chinese clients in their outbound investments.
Real Estate Our specialized lawyers have been involved in many major real estate development and trade projects. Our clients include many prominent enterprises in the Chinese real estate industry as well as many international developers.

Labor and Employment
KWM (PRC) lawyers were involved in the drafting of the PRC Labor Law. We regularly provide comprehensive legal services relating to labor and employment matters to multinational companies, financial institutions, large Chinese companies and trade organizations.

Insurance
We have participated in the IPOs and listings of many of the largest Chinese insurance companies. We have also represented a large number of Chinese and foreign companies in establishing joint-venture insurance companies and assisted with share transfer issues. In addition, we have represented a number of international insurance groups in their businesses within China.

Tax
The tax practice team of KWM (PRC) has extensive knowledge of PRC tax laws and regulations and rich practical experience. With solid professional skills, practical experience, a diligent working attitude and an in-depth understanding of the client’s needs, we have assisted our clients to accomplish numerous challenging tax planning and dispute resolution projects.

Energy, Mining & Natural Resources
Our energy, mining and natural resources team has provided high-standard legal services to numerous Greenfield and merger projects within China in respect of energy, mining and natural resources for many reputable international PE companies, Chinese state-owned enterprises and private enterprises. We are also involved in the booming area of outbound investment projects in this field, where we often act as the leading legal advisor for our clients in cross-border legal services.

Environmental Law & Renewable Energy
Our lawyers regularly advise clients on meeting their duties under environmental regulations, minimizing risk of criminal and civil penalties and facilitating optimum business efficiency.

Technology, Media &Telecommunications (TMT)
KWM (PRC) maintains an outstanding and experienced team in the areas of TMT in China. We provide legal services relating to a variety of industries such as telecommunications, media and entertainment, IT, biotechnology and pharmaceutical as well as other high-tech industries.

Bankruptcy, Restructuring & Liquidation
KWM (PRC) has extensive experience in company restructuring, debt restructuring, bankruptcy, liquidation and other issues related to insolvency. We have participated in drafting the new Bankruptcy Law, and provided expert opinions for the legislators in this area.

International Trade
KWM (PRC) was one of the first PRC law firms to provide legal services in international trade law since 1997 when we represented clients in responding to the first anti-dumping investigation in China. We have since accumulated extensive experience with respect to trade remedy cases, WTO dispute settlement proceedings, trade negotiations, customs measures, and import/export businesses.
Antitrust & Competition KWM (PRC) is one of the first firms in China to set up a specialized Antitrust and Competition division. Prior to the enactment of the Anti-Monopoly Law (AML), we took a very active role in assisting and counselling the Chinese government on the enactment of the AML and through that process we have built and maintained a close working relationship with the relevant governmental and judicial authorities in China. As the legal counsel to world-renown multinational companies, large and medium state-owned companies and emerging private enterprises, we have provided extensive anti-monopoly and anti-unfair competition legal services to clients for a long period of time.

Intellectual Property
The intellectual property group of KWM (PRC) is organized into four practice divisions: patent, trademark, IP Legal, and IP Litigation. KWM (PRC) provides a full range of IP-related services in relation to prosecution/registration of patents and trademarks, registration of copyrights, formulation and enforcement of IP strategies, protection of IP rights and IP-related litigation. As such we can provide comprehensive IP legal services to our clients.

Dispute Resolution
Our dispute resolution team is highly regarded in the field of dispute resolution in China and abroad, and has rich experience in domestic and international litigation and arbitration. We have participated in numerous litigation and arbitration cases of great significance at home and abroad. Given our outstanding performance in the field of dispute resolution over the years, a number of our lawyers have been engaged by domestic and international arbitration institutes as an arbitrator or council member.

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