Legal issues are professional, and many legal affairs are difficult to handle, especially some foreign-related legal affairs, which are even more difficult. Need some professional lawyers to deal with it. There are many problems that need to be paid attention to in handling foreign-related legal affairs, and the difficulty can be imagined. However, if you have professional legal knowledge, you can handle it easily. However, how to deal with specific foreign-related legal affairs will be introduced in detail in the following small series.
1. What are foreign-related legal affairs?
China's foreign-related legal business generally includes a series of aspects, such as international trade, international investment, overseas listing and overseas litigation, but it can be divided into litigation and non-litigation. Because overseas litigation generally needs to hire overseas consultants, China's foreign litigation business is limited to collecting evidence at home, and there is no wider business in the stage of contacting foreign consultants abroad. Non-litigation business includes many aspects, including foreign trade contract disputes, international investment legal services and even capital financing, so the market potential is huge.
China's foreign-related legal service consulting companies are mainly concentrated in Beijing, Shanghai, Guangzhou, Shenzhen and other cities, and compared with foreign-funded consulting companies, their services are relatively basic, simple and unsystematic, so compared with foreign-funded consulting companies, Chinese-funded law firms are not competitive. Therefore, we should recognize our own shortcomings, speed up the service form and content, strengthen the construction of our own team, and finally reach the level and ability of foreign-funded law firms. Foreign-funded consulting companies are familiar with foreign legal systems, and can support China companies to invest abroad and go public, and even assist in overseas litigation. However, foreign companies usually don't know much about China's legal system. Therefore, foreign firms are hardly competitive in foreign trade disputes and investments in China, while Chinese foreign-related law firms can provide legal services in this field by virtue of their natural advantages.
2. What are the foreign-related legal services?
Foreign-related legal business includes: international investment business, international finance, insurance business, maritime international trade, buying and selling, transportation, letter of credit settlement, litigation and arbitration agency for foreign-related economic cases, citizens' foreign-related property agency, marriage and property inheritance cases, and other foreign-related legal affairs, and accepts the entrustment of the parties as special or perennial legal advisers; Participate in WTO-related consultations and dispute settlement; Accept the entrustment of the parties, represent and participate in mediation, litigation (economic, civil, administrative, criminal) and arbitration activities of various cases; To provide legal services for bidding activities of foreign-related projects; Acting as an agent for legal affairs in foreign real estate transactions; Acting as an agent for the opening, alteration, merger and cancellation of registration of foreign-invested enterprises; To represent and participate in the liquidation legal affairs of dissolution and bankruptcy of foreign-invested enterprises; Assist foreign companies to set up representative offices, branches and investment companies in China; Accept the entrustment of the parties concerned and provide legal information and legal dynamic analysis reports to foreign customers; Invited to participate in the project establishment and feasibility study; Drafting and reviewing foreign-related contracts, agreements, articles of association and other legal documents, and participating in foreign-related negotiations; Providing legal advice and consultant witness for the legal acts of the parties; Accept the entrustment of market research and customer credit investigation; Accept the entrustment of the parties concerned to handle anti-dumping and countervailing legal affairs; Acting as an agent for foreign-related financial services such as project financing, international loans and financial leasing; Acting as an agent for legal affairs such as application, registration and registration of intellectual property rights (trademarks, patents, copyrights, etc.). ); Handle technology import and export business; Handling foreign insurance and international factoring business; To undertake other legal affairs entrusted by overseas consultants; Other foreign-related legal affairs.
The handling of foreign-related legal affairs is different from the handling of domestic legal issues. Foreign-related issues not only involve domestic laws, but also need to consider foreign laws to ensure that they can meet the legal provisions of both sides and do not violate the law. This is the most basic requirement. The above is the content compiled by Bian Xiao.