Expertise
China
The establishment of Lee & Ko's Beijing Office on May 16, 2005 enhanced Lee & Ko's efficiency in providing information and services that are necessary for local corporations to expand their businesses into China and for corporations in China to expand their businesses into Korea.
Lee & Ko's China Practice Group has close cooperative relationships with top rated law firms in China. With such network, the China Practice Group ensures that our clients receive legal assistance of the highest quality.
Expertise
M&A
Recently, Korean companies are choosing the option of taking over Chinese companies rather than establishing a new company in China. Means of investment vary from buying shares in a Chinese company, establishing a subsidiary in China then having the subsidiary buy the assets of the Chinese company, or buying the assets of the Chinese company then capitalizing with that asset to establish a new company. There are also companies that instead choose to acquire companies that have already been established in China.
Lee & Ko’s China Practice Group provides counseling on all legal issues that may arise in various types of M&A transaction, including tax reduction strategies, labor and human resources issues, environment issues, and government approvals. In particular, the Group provides one-stop legal services to clients from conducting due diligence review, devising transfer strategy, drafting, negotiating and executing purchase agreement, up to final closing and government approval process, while ensuring clients’ best interests.
Establishment (Incorporation)
Establishing or incorporating a new company in China, independently or in partnership with a local investor is one of the most basic work in China practice as it is the first stage of investment. There are three possible ways to invest in China: (i) incorporation of a Chinese entity directly by a Korean company, (ii) indirect investment in a Chinese company through a third country, or (iii) financing or technology/equipment investment in a Chinese company. Various business types such as manufacturing, retail, logistics and IT are actively establishing their presence in China, and our Group works vigorously to provide effective and strategic legal services that make sense for our clients’ diverse objectives in China.
Real Estate
In response to the growing interest in the Chinese real estate market, our Group provides legal services in various matters including purchase of land use right, construction, and acquisition of properties. Our Group has expertise to provide effective and sound investment advices and exit strategies catered to our clients’ real estate investment objectives.
Securities Listing in Korea
In concert with Lee & Ko’s securities practice, our Group leads the market in providing comprehensive legal services to Chinese companies in relation to listing of their securities in Korea. Our Group has handled a majority of listing cases in Korea on behalf of Chinese companies.
Banking
Many of Korea’s financial institutions, investment companies, and insurance companies are expanding to the Chinese market by establishing their satellite offices or incorporating Chinese counterparts. Our Group assists clients in that respect, and further provides guidance in clients’ Chinese operations. Our Group is also experienced in financing matters as well as establishing investment companies for venture investment purposes. In addition, our Group is experienced in providing legal advices in relation to Convertible Bonds (CB), Non-Performing Loans (NPL), and Asset-Backed Securities (ABS).
Other Chinese Investment Related Matters
Our Group also advises on various issues that may arise during the course of conducting business in China, including intellectual property law issues (such as transfer of technology and patent) and dispute resolution. With increase in the number of disputes Korean companies are involved with in China, our Group provides strategic advices, support, and case management services, sometimes in concert with Chinese law firms, in litigation as well as arbitration matters in China. Recognized for its expertise in this area, our Group has been retained to provide services to the Korean government.
Recently, Korean companies are choosing the option of taking over Chinese companies rather than establishing a new company in China. Means of investment vary from buying shares in a Chinese company, establishing a subsidiary in China then having the subsidiary buy the assets of the Chinese company, or buying the assets of the Chinese company then capitalizing with that asset to establish a new company. There are also companies that instead choose to acquire companies that have already been established in China.
Lee & Ko’s China Practice Group provides counseling on all legal issues that may arise in various types of M&A transaction, including tax reduction strategies, labor and human resources issues, environment issues, and government approvals. In particular, the Group provides one-stop legal services to clients from conducting due diligence review, devising transfer strategy, drafting, negotiating and executing purchase agreement, up to final closing and government approval process, while ensuring clients’ best interests.
Establishment (Incorporation)
Establishing or incorporating a new company in China, independently or in partnership with a local investor is one of the most basic work in China practice as it is the first stage of investment. There are three possible ways to invest in China: (i) incorporation of a Chinese entity directly by a Korean company, (ii) indirect investment in a Chinese company through a third country, or (iii) financing or technology/equipment investment in a Chinese company. Various business types such as manufacturing, retail, logistics and IT are actively establishing their presence in China, and our Group works vigorously to provide effective and strategic legal services that make sense for our clients’ diverse objectives in China.
Real Estate
In response to the growing interest in the Chinese real estate market, our Group provides legal services in various matters including purchase of land use right, construction, and acquisition of properties. Our Group has expertise to provide effective and sound investment advices and exit strategies catered to our clients’ real estate investment objectives.
Securities Listing in Korea
In concert with Lee & Ko’s securities practice, our Group leads the market in providing comprehensive legal services to Chinese companies in relation to listing of their securities in Korea. Our Group has handled a majority of listing cases in Korea on behalf of Chinese companies.
Banking
Many of Korea’s financial institutions, investment companies, and insurance companies are expanding to the Chinese market by establishing their satellite offices or incorporating Chinese counterparts. Our Group assists clients in that respect, and further provides guidance in clients’ Chinese operations. Our Group is also experienced in financing matters as well as establishing investment companies for venture investment purposes. In addition, our Group is experienced in providing legal advices in relation to Convertible Bonds (CB), Non-Performing Loans (NPL), and Asset-Backed Securities (ABS).
Other Chinese Investment Related Matters
Our Group also advises on various issues that may arise during the course of conducting business in China, including intellectual property law issues (such as transfer of technology and patent) and dispute resolution. With increase in the number of disputes Korean companies are involved with in China, our Group provides strategic advices, support, and case management services, sometimes in concert with Chinese law firms, in litigation as well as arbitration matters in China. Recognized for its expertise in this area, our Group has been retained to provide services to the Korean government.
Major Cases
M&A
Establishment (Incorporation)
Real Estate
Securities Listing in Korea
Banking
Other Chinese Investment Related Matters
- K group’s acquisition of shares in civil airline company in Tianjin
- L Shopping’s acquisition of shares in large discount store
- L Confectionery’s acquisition of a Chinese ice cream company
- H Petrochemical’s acquisition of a Chinese petrochemical company
- S Instruments’ division and transfer of assets in a Chinese company
- D SRC’s transfer of shares in a Chinese company
- E’s acquisition of LPG recharging station in China
- S group’s transfer of shares in a company located in Jiangsu
- S group’s acquisition of shares in a Chinese company
- P’s transfer of shares in a Chinese company
- S’s acquisition of a golf club in Qingdao
Establishment (Incorporation)
- G logistic company in Jiangsu & Beijing, China
- D animal feed processing company in Shandong, China
- K group’s food processing & logistics companies in China
- L Shopping’s department stores in Beijing and Tianjin, China
- L Cinema’s movie theatre in China
- L Shopping’s department stores in Beijing and Tianjin, China
- Sgroup’s investment company (holding company) in China
- S group’s gas station in Fujian, China
- L group’s display manufacturing company in China
- L group’s partnership company in China
- H Group’s logistics company in China
Real Estate
- D’s real estate development project in Dalian, China
- S group’s real estate acquisition in Liaoning, China
- L group’s real estate development project in Shenyang, China
- P group’s acquisition of a property in Shanghai, China
- H ENG’s real estate acquisition in Suzhou, China
- K Bank’s investment in a real estate fund in Kunshan, China
- H Bank’s investment in a real estate fund in Shenyang, China
- H Bank’s investment in a real estate fund in Tianjin, China
- D Securities’ recovery of real estate investment fund in Qingdao, China
Securities Listing in Korea
- Some of the companies our Group has assisted with listing in Korea are:
- Huafeng Textile Holding Limited
- United Technology Holding Limited
- Chinese Food Packaging Limited
- China Engine Group Limited
- China Hao Ran Recycling Company Limited
- China King-highway Holding Limited
- Global SM Tech Limited
- East Asia Sports International Limited
Banking
- S Bank’s acquisition of a golf course in Yantai, China
- Establishment of a joint venture between B Card and China Union Pay
- Y’s acquisition of convertible bonds of a Chinese gas company’s foreign parent company
- Korean Investment Management Company’s highway construction project in Inner Mongolia, China
- S Bank’s incorporation of its Chinese entity
Other Chinese Investment Related Matters
- Investment and corporate governance issues for a Korean airline company
- Represented a Korean airline company in a copyright infringement case
- S group’s transfer of facilities within China
- L group’s transfer of facilities within China
- S group’s production & exploration rights in China
- L group’s expansion into the Chinese market
- Litigation and investment issues for a Korean telecommunication company
- Successfully represented N in obtaining recognition of a Korean judgment in a Chinese court
- Authored "Explanation of the Chinese Investment Law" for Ministry of Justice
Key Contacts
