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Add: 7th Floor, SCITECH PLACE, No.22, Jian Guo Men Wai Ave., Chao Yang District, Beijing, 100004, P. R. China Telephone: 86-10-85115588 Fax: 86-10-85110966 |
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PRACTICE AREA Banking and Finance The Chinese banking system has become more commercialized as it gradually adapts to the international standards. We provide advice on China’s financial institutions and on the laws, regulations. We assist our clients in the negotiation ,document preparation, and closing of international syndicated loans, government borrowings, general commercial loans, and leasing transactions. In recent years, China has focused on improving her infrastructure. Foreign investors are increasingly active in this attractive sector of the economy in China. As project financing has become an important way for foreign investors to finance their infrastructure projects in China, we have made it a major practice area at Unitalen. Several of our lawyers are experts in the foreign exchange control area. We provide our clients with practical solutions to foreign exchange related issues and strategic plans to meet their long term foreign exchange needs in China. Always abreast of the rapidly changing legal environment for financial transactions and activities, we help our clients enter into China’s emerging areas of financial services, such as the insurance, derivatives and commodity futures markets. A number of lawyers are experienced in domestic and international financing such as trade financing, derivatives, bilateral financing, syndicated loan facilities, receivables financing and debt restructuring. We have represented both lenders and borrowers and have also provided services for facilitators, underwriters, investors and issuers in the issuance of bonds, notes, commercial paper, certificates of deposit and other securities instruments. In addition, we also have extensive experience in project finance, acting on behalf of lenders, export credit agencies international financial organizations, project sponsors, project companies contractors and suppliers involved in the various infrastructure finance projects in China, including power, water treatment, bridges, ports, airports, plants. Our services in the area include: Banking regulation Foreign exchange control and foreign debt registration Negotiations Preparation of legal documentation Establishment of security arrangement and related matters Real Estate and Construction We have participated in many major real estate development projects in China, including representing developers in formulating development plans, corporate structuring, land acquisition and development, conveyances, title search and acquisitions. Along with the economic development in China, the real estate market and construction business have been booming throughout China, especially in major cities. We have represented clients in connection with a variety of real estate deals, advising them on the laws, regulations and transfer of land use rights and other real estate related rights. We prepare all legal documents required in real estate transactions. Foreign investment projects often involve construction of various scales. In focusing on representing foreign investors in China, we have built up a strong practice in the construction area. Unitalen represents clients in construction related bidding, in preparing and negotiating all types of agreements relating to building construction, remodeling, and fitting-out, and in construction related dispute resolution. Mergers and Acquisitions As China’s economy increasingly integrates into the world economy, corporate mergers and acquisitions have become more and more popular with companies as a means to gain corporate presence in a new market or to dispose of assets in order to better focus on core business. Our mergers and acquisitions practice concentrates on legal advice, negotiations and the preparation of legal documentation for the acquisition and disposition of businesses and assets, in which our investment, securities, tax and accounting expertise all are brought to bear for our clients. We represent acquirers, target companies, financial advisors and major stockholders in a wide variety of industries and in all types of takeover transactions, including: Mergers and acquisitions by and between enterprises with foreign investments, companies listed in China and overseas, and domestic companies Spin-offs, recapitalizations and other restructuring transactions Strategic investments and joint ventures Venture capital transactions Foreign Investments As a big firm in foreign investment law, Unitalen has assisted numerous foreign companies with their investment projects in China. While the Chinese government often encourages foreign investment, what’s more, China has entered the WTO, the laws and regulations relating to foreign investments in China have become practical and transparent. We are well know for our foreign clients’ interests. We provide our clients with thoughtful and comprehensive services in setting up business ventures in China, including Sino-foreign joint ventures (equity and cooperative), wholly foreign-owned enterprises, and representative offices. In addition, many foreign-invested entities retain us as their long-term local counsel for legal advice and representation in connection with their business operations. Unitalen has extensive experience in foreign direct investments in China. Some of the lawyers working in this group started representing foreign investors in the early 1980’s. Our practice in this area still focuses on counseling foreign corporate finance, mergers and acquisitions, corporate governance and attendant legal matters. Specifically, our services include the following: Initial investment planning and due diligence Establishment of joint ventures, wholly-foreign-owned enterprises or other forms of corporate existence for foreign investment Tax planning, formulation of exit strategies Design of corporate governance Customs formalities-Restructuring and liquidation of foreign invested enterprises Ongoing legal services to foreign invested enterprises Securities Transactions Over the years, Unitalen has represented issuers and underwriters in a variety of domestic and international securities. Today, Unitalen is recognized as one of the successful Chinese law firms in the area of initial public offerings, the issuance of corporate and project bonds, mergers and acquisitions involving listed companies, share transfers and other securities transactions. Lawyers in our securities practice group assist clients in dealing with all kinds of issues related to securities transactions, including: Corporate restructuring and reorganization Formulation of incentive plans Establishment of corporate governance structure Issuance and listing of shares or bonds Asset valuation and taxation We maintain a good working relationship with the various Chinese regulatory authorities responsible for the review and approval of securities transactions, including the China Securities Regulatory Commission, the State Economic and Trade Commission, the State Development Planning Commission, and local governmental agencies. Bankruptcy and Reorganization We have considerable experience in a variety of corporate reorganization, debt restructuring, workout, bankruptcy and liquidation transactions, representing both creditors and debtors including Chinese and foreign banks and other financial institutions, Chinese state-owned enterprises, private corporations, public companies, Chinese –foreign joint ventures and wholly foreign owned enterprises. Specifically, we provide the following services: Participation in debt restructuring or bankruptcy negotiations among creditors and debtors Participation in corporate reorganization meetings and performance of all necessary legal due diligence Preparation of legal documents, including restructuring agreements, credit agreements, settlement agreements bankruptcy applications, consents, waivers, board resolutions, authorizations and documents of corporate governance Assistance in obtaining third party consents and waivers Participation in court or arbitration proceedings and enforcement matters Intellectual Property With many years of practice in this arcane field of law, Unitalen has blossomed into one of China’s leading law firms in intellectual property law, offering a full battery of intellectual property ( IP) and other technology services, including procuring, licensing and enforcing IP rights. Unitalen has extensive experience in the preparation of patent, trademark and copying applications. This is amply demonstrated by the sheer volume of our activity in these areas: we file annually more than 2,500 new patent applications and over 10,000 new trademark applications with the Patent and Trademark Offices of the State Intellectual Property Office of the PRC. We further file a significant number of foreign patent applications and trademark registrations every year as well. We are also active in fields ancillary to IP, such as broadcasting, entertainment and sports law. We vigorously represent the interests of our clients before regulatory and administrative agencies and courts. Unitalen’s diverse team of attorneys brings its skills and experience to bear in providing the most cost-competitive service available in both the domestic and international spheres. Whether clients require services relating to patent prosecution, opinions, licensing / business transactions, litigations, validity or patent infringement, Unitalen stands uniquely poised to deliver. Our lawyers all have the experience to meet the needs of our clients in a broad spectrum of technologies. We have substantial expertise in computer hardware / software, electronics and electrical circuitry, telecommunications, Internet & E-commerce, biotech & pharmaceuticals, chemistry & chemical engineering and process & manufacturing or materials technologies. We at Unitalen are also proud of offering services which protect and promote our clients’ interests by safeguarding trade secrets and know-how. We do this by devising individually-targeted strategies for optimizing internal corporate security and human resources management. We have a wealth of experience in technology transfer and non-disclosure and non-competition agreements, which we deploy to maximize the integrity and security of transmission of sensitive information. We further offer our clients counseling regarding trade secrets. Grappling with the thorny issues surrounding the formation and funding of technology enterprises and their interrelationships with venture capital sources is a mainstay of our practice. Our trademark procurement group works with a large and diverse base of clients, for whom we prosecute trademark protection proceedings through our dedicated trademark attorneys, all of whom have superlative expertise and extensive experience in securing for our clients trademark and service mark protection of every type. Unitalen’s trademark group is also composed of experts at opposing and canceling trademark registrations by adverse parties. Not least among the accomplishments of our trademark group’s practitioners is their high level of experience in trademark prosecution and litigation. Experience in IP litigation, whether in the international or domestic arena, is what really puts Unitalen head and shoulders above the crowd. We are also proud to represent a wide range of clients form all over the world in brining applications for patents, trademarks and copyrights to fruition, while consummating formalities for intellectual property licensing. We have chalked up an impressive list of litigation successes, on behalf of our international clients, involving disputes over infringement, cybersquatting, counterfeiting, trade secrets, unfair competition and other IP issues. We are adept at representing the unique interests and needs of international businesses litigating before People’s Courts and in coordinating and overseeing international dispute proceedings. We have developed a strong working relationship with a network of foreign counsel in over one hundred countries. We have significant achievements in counseling clients in protecting and exploiting the value of their intellectual property assets and representing clients in transactions to acquire and commercialize intellectual property assets. Our practice typically entails: Patent law and prosecution of patent applications Product counseling to avoid infringement of existing third-party rights Trade dress Unfair competition Computer law Copyright law Infringement counseling, studies and opinions Transfer and licensing of IP rights Perfection of security interests in IP Equity investment in companies rich in IP assets Confidentiality, non-competition, support / maintenance and Outstanding technology escrow agreements Advertising Monitoring developing IP legislation Regardless of the scope or scale of a case, Unitalen is committed to delivering the highest quality legal services in furtherance of our clients’ objectives. Unitalen is in the front rank when it comes to excellence of provision of legal services, and has been since its inception. Our firm remains committed to providing the highest caliber legal counsel to our clients from China and worldwide. Litigation and Arbitration We have a robust litigation and arbitration practice serving our corporate and individual clients. We emphasize on the resolution of disputes with objective advice, and effective representation at trial or arbitration hearings and through the appellate process. We have represented our clients in many important litigation and administrative proceedings before courts and administrative agencies throughout China for many leading industrial corporations and financial institutions. We have appeared on behalf of our clients before most of the major arbitration institutions and organizations in China, including the China International Economic and Trade Arbitration Commission, the Hong Kong International Arbitration Center and Beijing Arbitration Commission, and other local arbitration bodies. Our practice includes the following services: Background searches and asset preservation actions Civil proceedings, including assessment of claims and development of strategy, trial and appeal Arbitration, mediation and other alternative dispute resolution proceedings Development of strategies to resolve complex litigation disputes, including multiple claims and parties; multiple jurisdictions; and parallel regulatory, civil and criminal proceedings Advice on business decisions and strategies the pose litigation risks General Legal Counseling Our tax consulting is an integral part of our practice, providing an indispensable support to other practice areas. This practice includes tax planning advice, negotiations with tax authorities and agencies. China’s move toward privatization and opening up for foreign investment has led her to implement a tax system that is becoming increasingly complex. We keep our clients up to date on the tax implications of commercial transactions and on ways to minimize tax liabilities. We assist our clients in securing the most preferential tax treatment for investment projects and business transactions. Our tax practice covers all types of tax, both national and local. We advise our clients on issues concerning the employment of foreign and Chinese individuals by joint ventures, wholly foreign-owned companies and other foreign entities in China. We have the established expertise and skills in handling labor related matters, including drafting, negotiation and registering individual as well as union employment contracts, advising on employee health and safety requirements and benefits, and preparing employment manuals. Our litigation and arbitration group has also represented many clients in resolving employment-related disputes. Our environmental practice consists primarily of environmental due diligence investigations, compliance advice and remedial procedures. We have also represented clients in judicial and administrative proceedings involving environmental complaints and investigations.
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Banking and Finance