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Ohio Foreign Commerce Association

Ohio Foreign Commerce Association. DOING BUSINESS IN CHINA. March 2, 2009. cleveland. columbus. philadelphia. wilmington. shanghai. benesch, friedlander, coplan & aronoff llp. www.beneschlaw.com. BENESCH Attorneys at Law. Guest Speaker: Allan Goldner Partner Co-Chair, China Group

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Ohio Foreign Commerce Association

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  1. Ohio Foreign Commerce Association DOING BUSINESS IN CHINA March 2, 2009 cleveland columbus philadelphia wilmington shanghai benesch, friedlander, coplan & aronoff llp www.beneschlaw.com

  2. BENESCH Attorneys at Law Guest Speaker: Allan Goldner Partner Co-Chair, China Group Co-Chair, Polymer Group

  3. BENESCH Attorneys at Law China is a big country.

  4. BENESCH Attorneys at Law

  5. With more than 1.3 billion people.

  6. BENESCH Attorneys at Law In the midst of the largest population migration in the history of the world.

  7. The Chinese government’s management of this migration is the key to maintaining social stability in China…

  8. (Population in Millions)

  9. …and creating jobs (more about this later) is the key to this management.

  10. China is divided intodistinct regions...

  11. …consisting of rural farmland,

  12. …large cities

  13. …and everything in-between.

  14. China is divided intodistinct regions and large cities.

  15. Deng Xiaoping • Why have U.S. companies been doing business in and with China? • Because China “opened” to the West (and East) in 1978, and opened some more in 2001. • To buy goods cheaply from Chinese companies and resell them in the U.S. • To manufacture goods in China and sell them in the U.S. and around the world. • To sell goods and services into China.

  16. How do U.S. companies do business in China? • Direct purchases from Chinese factories or intermediaries. • Representative offices. • Wholly Foreign-Owned Enterprises (WFOEs) or Foreign Invested Commercial Enterprises (FICEs). • Joint ventures of varying kinds. • Through varying kinds of holding company structures.

  17. Why does China welcome • U.S. and other foreign investment? • To attract technology and innovation. • To attract capital to build all manner of infrastructure. • To create wealth and prosperity. • To create jobs.

  18. What are some of the most important considerations / risksin establishing a business in China? • Picking the right Chinese partner / key employee(s). • Due Diligence. • Market (customers / suppliers). • Operational (facilities, processes, work force, management). • Financial and accounting. • Legal and regulatory. • Labor. • Land Use Rights (including leasing, construction and environmental). • IP (Intellectual Property). • Everything else. • Cultural considerations (in connection with courtship, negotiation and everything else)

  19. Picking the rightChinese partner / key employee(s).

  20. Due Diligence. • Market (customers / suppliers). • Operational (facilities, processes, work force, management). • Financial and accounting. • Legal and regulatory.

  21. Legal and regulatory. • Labor. • Land Use Rights (including leasing, construction and environmental). • IP (Intellectual Property). • Everything else.

  22. Cultural considerations (in connection with courtship, negotiation and everything else).

  23. What are some of the most important considerationsfor success? • Continuing to pay attention – hands-on. • Ongoing competent training. • Communication at multiple levels. • Appreciation and respect for, and immersion in, each other’s cultures and business environments. • Competent accounting, legal andother professional advice.

  24. Questions , please

  25. Thank you for attending!

  26. BENESCH Attorneys at Law www.beneschlaw.com Cleveland: 200 Public Square Suite 2300 216.363.4500 Philadelphia: One Liberty Place 1650 Market Street 36th Floor 267.207.2947 Wilmington: 222 Delaware Avenue Suite 801 302.442.7010 Columbus: 41 S. High Street 26th Floor 614.223.9300 Shanghai: Kerry Centre, Suite 1802 1515 W. Nanjing Road Shanghai, P.R. China 200040 011.86.21.3222.0388 3064755.2

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