At certain times when you are in China, you might find yourself need legal advice from a local lawyer. Maybe you’re considering setting up a business, disputing a contract, or even filing for divorce. Under such circumstances, you may find out that using a lawyer will help things run smoothly.
Here are some of the occasions when you may need a lawyer in China:
1. Setting up a representative office, JV or WOFE in China
If you want to start your business in China, you may choose to open a representative office, or a WOFE in China. In some specially regulated industry, you may have to find a local partner to open a JV. A Chinese lawyer can guide you to go through the procedure.
2. Legal proceedings
Whether you like it or not, you may find that you are invovled in a legal proceeding whether it is infringement, product liability, or contract dispute. A local lawyer who is experienced in the field can release you stress and help you through the proceeding.
3. Labour disputes
Whether you work for a Chinese company, or you have a WOFE which employs local staff, there might be some labor disputes. A local lawyer may help you to negotiate on the issue, or represent you in the court hearing.
4. Collecting debt
If a contractor or client has failed to pay you for services or goods, a lawyer can act as an intermediary to claim back what you are owed.
5. Getting a divorce
If you need to step out of the marriage, a lawyer will be able to help you terminate it. .
6. Making a will
The majority of expats will already have made a will before moving to China, but what happens in the worst case scenario? Will your last testament be honoured under Chinese law if you pass away? The will that you made in your home country comes under the jurisdiction of International Law, so will be legal and binding in China. However, this doesn’t cover immovable assets, i.e. your apartment or house. If you own property in China, you’ll need to make up a will to cover it, and have it notarized in the Notary Public Office. This is where a lawyer comes in. Hiring a native legal practitioner is a good way of making sure the will making process goes smoothly.
There are many other occations you need a Chinese lawyer, such as contract review, business investigation etc. The fees usually depends on the nature of the entrusted issue, more complex, more expensive.