Chinese counterparty checks
Review of public registration information, shareholding, litigation and enforcement records, and the identity of the entity that will actually sign the contract.
Services | Investment & business
Foreign investment and business legal advisory in China
Understand the Chinese contract, the Chinese counterparty and the enforcement reality before committing capital.
Before you commit capital or sign a Chinese contract
Most cross-border problems are created before any dispute exists: a contract that reads differently in Chinese than in the English version, a counterparty that does not own what it says it owns, or a payment term that is difficult to enforce. The work below is preventive as much as it is remedial.
Contract review and drafting support
Review of bilingual and Chinese-language contracts, with attention to the governing-language clause, payment terms, delivery acceptance, liability limits and dispute-resolution clause.
Investment and cooperation structures
Legal explanation of the documents used in equity investment, joint cooperation and shareholder arrangements under PRC law, and the approvals or registrations a transaction may involve.
Unpaid invoices and debt recovery
Assessment of the evidence, a formal demand, negotiation, preservation of assets where available, and civil litigation or enforcement if payment is not made.
Typical questions I am asked
- Which language version of the contract governs?
- I check the governing-language clause and compare the Chinese and English texts clause by clause. Where the Chinese version governs, that is the text a PRC court will read.
- Is the company I am dealing with the right entity?
- A Chinese business name, its registered entity and the name on a bank account are often not the same. Verification before payment is usually far cheaper than a dispute afterwards.
- Can a foreign company sue in a Chinese court?
- Foreign individuals and companies may bring civil proceedings in PRC courts, subject to jurisdiction and procedural requirements. Representation is handled by PRC-qualified counsel.
- What if the other party has no assets?
- Enforcement is a practical question, not only a legal one. I assess available preservation measures and the realistic prospects of recovery before recommending litigation.
Documents that help at the first stage
- The signed contract (all language versions) and any amendments, orders or purchase confirmations
- Payment records, invoices, delivery or acceptance documents
- The full registered name and unified social credit code of the Chinese counterparty
- A chronological written summary of the dealings and the correspondence exchanged
- Any demand letters already sent, and the response received
Please do not send confidential originals first
For a first enquiry, a short summary and redacted copies are enough. Detailed documents are requested after the engagement is confirmed.
Ask about a Chinese contract or counterparty
Send a short description of the transaction or the unpaid debt, together with the registered name of the Chinese party if you have it.