Commercial Agreements in China
A robust commercial agreement sets the stage for a stable and successful business relationship. We consistently develop an effective and enforceable commercial agreement for a lease, sale agreement, personal services contract, distribution agreement, services agreement or other commercial agreement.
Due diligence for commercial contracts may consist of confirmation of the commercial counterpart’s legally registered address, name, company seal, signature of the legal representative, ownership of certain assets, past litigation, and even softer issues such as reputation amongst vendors and other third parties.
We will consider important strategic issues surrounding a commercial agreement including potential enforcement, commercial risks, governing language, and regulatory issues.
We advise clients of key agreement terms and strategic positioning for commercial negotiations and of specific cultural and business norms in China which are needed for successful negotiations with China-based counterparts
Again, we deliver bilingual documentation of relevant application materials and corporate documentation through a translation and verification process to deliver quality.
It is important to supervise the commercial agreement execution to safeguard that which mitigates against the risk of a technical defense of non-formation of the agreement or ambiguity as to the identity of the contracting party.