Alliance for Tax, Legal, and Accounting Seminars
&
Structured Finance Institute

Doing Business in China: How to Maximize Profits & Minimize Risks

hotel/cityhotel/city

November 7 & 8 , 2005
Jolly Madison Hotel
New York

Some say China, where capitalism is a little over a decade old, is at the earliest stages of the greatest industrial revolution of all time. If your company is already in China it's imperative you keep up with current legal, tax and financial issues. If you are not yet involved with China can you afford to wait any longer to learn how to tap the opportunities that await you and or your company in this vast land.

Conference Materials Order Page - Order Form

Summary of materials available in loose-leaf binder or on CD.

1- Structuring the Setting up of a Business in China to Maximize Profits , by William Dodson of Silk Road Communications consisting of 12 instructive slides which summarize the steps to succeed in China, including human resources available, which sectors are encouraged, permitted, restricted or prohibited, due diligence issues, types of corporate holding structures and dealing with Chinese Bureaucracy.

2- Understanding the Chinese Legal System , by May Hao, May Globe Law Firm.
Consists of four detailed slides covering, Chinese legal system, sources of law, Chinese Courts, administrative discretion, WTO and its impact on the Chinese legal system and practical considerations.

3- Sourcing Products from China-Practical Supply Chain Issues , by Michael F. O'Laughlin, O'Laughlin & Company. This section consists of 29 detailed slides covering, Forms of Sourcing Arrangements, Finding Suitable Suppliers, Contract Manufacturing: Materials Processing Requirements, Use of Foreign Invested Entities(FIEs) and Foreign Invested Commercial Entities(FICEs), Use of Local Foreign Trade Companies (FTCs), Use of Bonded Zones for Sourcing, Technology Concerns, Tax Considerations, Export Controls, Distribution Relationships and Miscellaneous issues including Contract Drafting; Dispute Resolution and Use of Intermediaries.

4- Cultural issues in Doing Business in China , by William Dodson, Silk Road Communications. Eight descriptive slides summarizing the root causes of cultural misunderstandings as the impact joint venture negotiations, dealing with government officials, hiring and employee retention and presentations: the Chinese audience versus the American audience.

5- Financing Operations and Moving Capital into or out of China , by Peter Chen of Deloitte. This material consists of 49 detailed slides which outline foreign exchange issues and hedging, prospects for the exchange rate for the Renmimbi, capital market developments and prospects, handling foreign exchange risks and managing currency risks, tax implications and planning ideas. There is also a 12 slide supplementary presentation detailing strategies for foreign currency and US dollar risk avoidance.

6- Practical experiences in doing business in China , by a corporate panel consisting of Tom Shillinglaw of Corning Corp., Michael Barron of Claudius Peters and Tim Weckesser of CSI-US- Asia Business Solutions. Tom Shillinglaw described in nine slides legal issues facing western companies in China in regard to: Chinese laws and regulations, intellectual property, US export controls, US Foreign Corrupt Practices Act, legal/financial oversight, antidumping and antitrust issues, importing into China, importing into China, foreign exchange regulation and customs compliance. Michael Barron's presentation consists of 17 slides which highlights his track record, parallel activities, challenges in Chinese contacts, analysis of assumptions of products and services offered in China, alternative approaches to executing business in China, doing business conclusions-what works, what doesn't and the future. Tim Weckesser presented a detailed presentation on 15 slides which highlight seven steps on how to set up a Wholly Foreign Owed Enterprise (WFOE) in China, including defining optimum form, location, market research, legal entity, IP protection plan, staff recruitment and suppliers.

7- Commercial Dispute Resolution, Enforcing Commercial Rights and Litigation in China , by Joseph T. McLaughlin of Heller Ehrman. This presentation consists of 31 detailed slides highlighting grievances, issues related to mediation, adjudicative processes, arbitration, CIETAC Commission, arbitral awards, Hong Kong arbitration and enforcement of awards, and litigation strategies.

8- Implications of a Globalized China , by George Koo of Deloitte & Touche. This presentation consists of 13 slides covering various insights into how China is developing as a world economic power, high tech breakthroughs, China attracting entrepreneurs, China as part of the global market, what China has done right, opportunities for America, localization crucial for success, and don't let politics get in the way.

9- Technology Transfer and Protection of Intellectual Property Rights in China , by Douglas Clark and Geoffrey Lin of Lovells. This comprehensive 52 slide presentation covers IP risk protection in China to include: legal framework, pre-emptive IP management, what IP rights are at issue, trademark registration, pre-emptive registrations, new IP rights issues, ownership of new IP, IP hijacking, enforcing IP rights in China and strategies for technology transfer in China.

10- Hot Tax Issues in China, by Peter Ni of Ernst & Young, The presentation consists of 25 detailed slides covering; overview of Chinese taxation, Chinese income tax reform and planning, new transfer pricing developments, supply chain planning, trading planning using a FTZ trading company.

11- Exporting to China-Dealing with Customs and Registration Issues , by Robert C. Goodwin Jr., of Chindex International. This presentation consists of 20 slides detailing Chinese Customs and importing procedures, examples of documents needed, transshipment issues, WTO compliance, foreign exchange control, Chinese regulatory Environment, medical device oversight, and mandatory safety testing.

12- Latest Developments in Labor & Employment Law in China, by Carolyn Richmond of Seyfarth Shaw. This material consists of 13 full page slides describing; China's labor force, reform in China, labor law in China, the rights of a labor union within an enterprise, China labor union relationship, employment law issues in China, wage issues in China, and benefits in China. Second presentation was entitled, Compensation, Benefits and Employee Retention in China , by Michael Broomhead of Wilson Wyatt & Co. This presentation on nine slides outline the pay and benefits environment in China, employee benefits highlights, supplementary benefits practice, different talent issues facing MNCs, SOEs and private companies in China, and commitment is key to retention.

13- Trading and Doing Business in China: U.S. & Chinese Regulatory Developments , by Craig Lewis and T. Clark Weymouth of Hogan & Hartson.
This detailed presentation consists of 51 slides describing the protectionist weapons of tariffs, antidumping duties, countervailing duties, global and China specific safeguards, and anti-corruption laws in the U.S. and China, U.S. export controls and U.S. foreign investment law.

14- Financial and Legal Due Diligence for M&A Transactions in China , by Paul Downs of Heller Ehrman. This presentation consists of 22 slides highlighting: Trends in foreign direct investment in China, Onshore M&A in China, including-M&A deal flow, share or asset acquisition, choice of entities, government approvals, price, foreign currency registration requirements and anti-trust law issues; Offshore M&A covers- opportunities generated by China, pros and cons of offshore M&A, anti-trust law affecting offshore M&A and US regulatory issues.

15- Commercial Agreements for Doing Business in China , by David Laverty of International Counsel. This material consists of 44 detailed slides outlining issues in drafting agreements in the areas of contract distribution and manufacturing, and agent and distributor agreements

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