Asia and China Desk
Europe and Asia are major markets that offer many opportunities for entrepreneurs. The growing Asian market and increasing investments by and in Asian countries offer European entrepreneurs interesting opportunities for expansion and investment. Vice versa, more and more Asian companies are expanding their business to Europe. With over 14 years of experience, the lawyers of La Gro Geelkerken are some of the leading legal experts in doing business in Europe and Asia. They have a versatile track record in various international sectors, including the agricultural sector, logistics sector, high-tech sector and Life Science and Health.
We help you do business on new continents
Our Chinese-speaking specialists provide legal and business advice to European companies that want to do business in Asia and Asian companies that want to do business in Europe. We answer all of your questions and offer more than legal advice. After all, we also once started in Asia and Europe. We will work with you to determine, structure and refine your strategy. Why do you want to do business in a specific region? Are you going to establish a branch there or are you working with a local entrepreneur? How should intellectual property be protected? Which contracts do you need and which laws and regulations do you have to take into account?
Create more business opportunities and win-win situations by using our international network. We aim for a long-term partnership. You have direct contact with our specialists. If necessary, we can combine our knowledge and experience by working together in multidisciplinary teams with other specialists inside and outside our office.
Here’s what we can do for you
Before starting a business abroad, it is important to conduct market research. Why do you want to expand to a specific country or region, and is there a market for your product or service? You should also get to know the business culture and customs. Don’t just do research; travel to the regions where you will be doing business. Explore the sales market, visit business locations (of competitors) and experience the local business customs.
Of course, you will also have to deal with different laws and regulations. It is not always possible to maintain the same legal form. Our specialists will help you throughout the entire process of establishing a company abroad. We will advise you on the appropriate legal forms, assist you with drawing up the required documentation and familiarise you with the new language and culture. Nowadays, it is also important to consider whether the location of your head office should be in Europe or the United Kingdom.
In Asia, intellectual property rights are handled differently than in Europe. In most Asian countries, it’s first come, first served. We therefore strongly advise you to register your brand name, website and any patents immediately at the establishment of your company. Even if you don’t want to do business in Asia yet.
In addition, you must register your brand name in English and the local language in Asia. While English brand names can often be registered online via a global system, a brand name in the local language must be physically registered in the country itself. We will answer all of your questions related to IP law and assist you with the local registration of your brand name.
Legal forms can differ per country. In addition, some countries have specific legal forms for foreign companies, such as the Cooperative Joint Venture (CJV) and Wholly Foreign-Owned Enterprise in China. We are happy to advise you on the appropriate legal form.
A local entrepreneur regularly invites a foreign entrepreneur to jointly set up a Joint Venture. This is a good way to combine knowledge and experience. Moreover, people can benefit from each other’s (local) network and knowledge of the local (business) culture and sales market.
If you are partnering with a local company, it is important to get to know this company and its culture. We have a lot of experience in setting up Joint Ventures and regularly conduct due diligence for European companies that enter into a partnership with a Chinese company.
Draw up a confidentiality agreement at the start of a partnership. Logically, the contract form depends on the laws and regulations in the country. For example, China does not have confidentiality agreements, but instead has an NNN agreement, which stands for non-disclosure, non-circumvention and non-use clauses.
Applicable law and court
You must stipulate the applicable law and court in international contracts. It is important to consider this matter carefully. Discuss it with a legal expert. The chosen law determines the consequences of a court decision.
Naturally, we will assist you with drawing up commercial contracts in accordance with local law and in the local language. From start to finish. We draw up contracts, negotiate the conclusion of contracts and also offer guidance for terminating agreements. This also applies to employment law contracts.
We are also ready to assist you if you want to sell your company or acquire a company. We support and unburden you throughout the entire process: from conducting negotiations and drawing up the required documentation to conducting the Due Diligence investigation.
If desired, we can take care of and organise the entire process for you by assuming the role of project manager. For a streamlined merger or acquisition, we work in multidisciplinary teams with other specialists from our office, such as our colleagues in the fields of employment law and corporate law.
There are several ways to sell your products abroad. You can start your own webshop, sell products through third-party webshops or offer your products through a representative. You can use our international network to find partners to collaborate with. Naturally, we will help you draw up the necessary contracts in accordance with local laws and regulations, as well as familiarise you with the language and culture.
Importing or exporting products
Any goods that you want to import or export must meet various requirements. It goes without saying that you must comply with local and regional quality requirements, legislation and regulations. If you export food or consumer items from Asia to the Netherlands, for example, you must comply with the requirements of the Dutch food and commodity laws and regulations. Our specialists will explain which laws and regulations you must comply with, and how you can best handle the import or export of your products.
Some products are cheaper in Asia than in Europe. The European Union has devised a number of measures to prevent so-called dumping in order to protect the industry and ensure fair competition.
The European Commission can impose a tax on imported products that are subject to an anti-dumping measure. This measure may be imposed wherever dumping might take place. We provide insight into whether you may be subject to the anti-dumping measure, and what the possible impact is on your company and import and export costs.