China

As one of the fastest growing markets in the world, China is critical to any successful international business strategy. Many multinational corporations, trade associations, private and institutional investors and private equity groups rely on Holland & Knight’s China Team to manage risks, embrace opportunities and respond to crisis in this emerging market.

Holland and Knight's China practice offers its clients the following:

• an established presence in China's capital working closely with colleagues in Holland and Knight's offices around the world;
• a broad range of legal services with particular expertise in government relations, product regulatory practice (including product recalls), environment, health & safety; transportation commercial law, corporate and transactional matters, mergers and acquisitions, joint ventures, financing and infrastructure development and hospitality;
• a team comprised of local experts in Chinese law and business; and
• a strong relationship with the Chinese government, through which we help our clients understand the complex and constantly evolving Chinese laws and regulations governing financial, corporate, investment and commercial transactions

Our Services

Investment in China has become more promising than ever. Since the early 1980s, lawyers at Holland & Knight have advised our clients on a wide variety of transactional matters involving China. We have extensive experience in consulting with multinational corporations and financial institutions, private businesses and other clients with respect to their China activities. In addition to serving the legal needs of our clients desiring to do business in China, we also represent Chinese enterprises that desire to conduct activities and/or make investments in the United States and elsewhere outside China.

Legislative and Regulatory Matters

Doing business in China means navigating the maze of governmental approvals and compliance issues. A significant number of government organizations may be involved for any particular legal issue in China. Our China Team helps our clients understand the complicated scheme of governmental approvals and transforming ambiguous or confusing Chinese regulatory requirements into practical compliance plans. Particular regulatory areas in which we regularly assist clients include: corporate certification and accreditation, commercial contracts, environmental protection, health, safety and product stewardship, exporting, finance, importing, intellectual property protection, labor, land use, occupational health, occupational safety, product and raw material registration and marking, project approval, tax, telecommunication, transport, logistics and ocean shipping. Read more about Holland & Knight's China and Greater Asian-Pacific Government Affairs and Regulatory Practice.

Commercial

Our China Team routinely handles clients' complex project approval processes, negotiations, advocacy programs, regulatory issues, and international commercial transactions involving the Chinese government and other parties. Attorneys on our China Team are widely recognized in business circles for their work on behalf of industries in China and with the Chinese government.

Attorneys on our China Team have advised on diverse matters in industries such as automotive, aviation, biotechnology, broadcasting, banking, capital investment, chemical, consumer product, coating, commercial and residential real estate development, cosmetic, electronic, coal, oil & gas, thermal and nuclear electricity, renewables, water & waste, road & rail transport, oceanic shipping, entertainment, food and beverage, heavy machinery, hospitality, infrastructure development, mining, pharmaceutical, retail, software, telecommunications, toy, logistics and transportation.

Typical projects may range from product registration and testing to developing plans to prevent illegal labor practices in supplier manufacturing facilities. With over 15 years experience representing multi-national clients in matters involving regulation of products and operations in China, the two co-leaders of our China Team are well known in both corporate and Chinese government circles for their leadership and advocacy in these areas. They offer a range of services tailored to meet client needs, including: direct engagement of regulatory authorities and government affairs advocacy; compliance counseling and issue management on an individual country and regional basis; and training and management of local counsel.

Corporate, M&A and Joint Venture

Our China Team advises clients on all aspects of establishing, financing and operating a business in China. Today, we represent not only multinational corporations and investors, but also Chinese domestic enterprises, private investors, and private equity groups. Our services include:

• Corporate Financing. Advised foreign and domestic corporations in the establishment of domestic direct investment funds; assisted Chinese domestic and Hong Kong based clients with conducting IPOs and other stock offerings in the U.S.; and advised multinational clients on global offerings of bonds and other financial instruments for their Chinese subsidiaries
• Foreign Direct Investment. Assisted multinational corporations establish wholly-owned subsidiaries and joint ventures with local investors
• Mergers and Acquisitions. Advised our global and Chinese domestic clients on mergers and acquisitions involving large and small domestic companies
• Private Equity Transactions. Worked with both U.S. funds and Chinese domestic direct investment funds in connection with their investments in manufacturing enterprises in burgeoning areas such as Suzhou and Tianjin
• Joint Ventures. Represented U.S. clients in establishing and administering joint verntures in manufacturing, transportation and many other industries

Financing and Infrastructure Development

Holland and Knight has deep experience among foreign firms in financing infrastructure projects in mainland China and Hong Kong. Our representative clients include some of the best known multinationals and domestic state-run corporations, including: Electricite de France International, China National Offshore Oil Corp., Bank of China, China Construction Bank, China National Coal Development Corp. and China International Trust & Investment Corp.

We also have expertise in assisting our clients with the disposition of non-performing loan portfolios and restructuring of troubled infrastructure projects.

Given our involvement with large scale governmental projects such as Daya Bay Guangdong Nuclear Power Plant Project, Xuzhou Guangyin Airport, and Expansion of the Waigaoqiao Power Plant, Holland and Knight has established a strong relationship with the central government of China. We also provide government agencies such as the former State Development Planning Commission and the State Economic and Trade Commission with strategic studies on implementation of important economic reforms involving separation and divestiture of state-owned assets.

Real Estate

Our Global Hospitality, Resort and Timeshare Group understands the complexity of developing and managing hotels, resorts, and branded residential properties in China. We assist a variety of clients in structuring different types of resort and mixed-use projects with and without branded residential components in Asian countries. We draft and negotiate various agreements relating to management, licensing, technical services, purchase and sale and construction in connection with the development, sales, marketing and management of branded residences and condominiums, whether stand-alone or in connection with hotel properties.

We are sensitive to and knowledgeable of the difficulties and complexity of local laws and unique business practices in the rapidly changing environment of China. Our strength is to draw from our extensive international experiences and to work closely with local counsel to find creative and practical deal structures and solutions to help our clients overcome the unique complexities and restrictions of the applicable local laws.

Our Reach

China Roundtable

Many of our clients are represented in the China Roundtable, a corporate member-driven industry association organized to share best practices, discuss and analyze recent legal developments and advocacy opportunities, and leverage member resources to address compliance, social responsibility, occupational health and safety, environmental protection, supply-chain management, and other issues affecting member operations and products in China. Attorneys of our China Team serve as counsel to the Roundtable.
Roundtable members currently represent the following industry sectors: automotive, biotechnology, chemical, coating, consumer product, electronic/high-technology, food and beverage, heavy machinery, healthcare, pharmaceutical, security system, textile and toy industries.

Beijing Office

Richard Lawrence and Hongjun Zhang lead our Beijing office team, though China-team practitioners are present or spend significant time in a number of the firm's offices, including Washington, D.C.

Richard “Dick” Lawrence is a corporate generalist, who has advised on a wide range of banking, joint venture, mergers and acquisitions, private equity, project development and finance, corporate finance, technology transfers, workouts and general corporate and commercial matters over the years during postings in New York, Tokyo, Hong Kong and Beijing. He has extensive experience in China related matters, having represented both the Chinese government agencies, state-owned enterprises, and foreign investors and businesses.

Hongjun Zhang works on a broad range of government relations and compliance matters in China. Dr. Zhang was previously Legislative Director in China’s National People’s Congress, responsible for drafting national laws and policy documents and overseeing national and local government implementation and enforcement of the laws, including standards. During his tenure in the Chinese government, Dr. Zhang worked on legal issues with numerous agencies in the Chinese government at the national and local levels, including the Ministry of Industry and Information (MII), the National Development and Reform Commission (NDRC), the Administration for Quality Supervision, Inspection and Quarantine (AQSIQ) and AQSIQ Standardization Administration of China (SAC), the State Food and Drug Administration (now under the Ministry of Health), the Ministry of Health, the Ministry of Environmental Protection, the Ministry of Transportation, the Ministry of Human Resources and Social Security, and the State Industry and Commerce Administration. Dr. Zhang is best known in China and elsewhere throughout the world for his work in the product regulatory, environmental, health and safety areas.