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International Legal Affairs

Department of law

Comprising of lawyers with extensive experiences in foreign legal services, the International Legal Departmentcan provide clients with integrated legal services in English, Japanese, Korean and French.

The department provides services for various clients including foreign investors in China, Chinese investors investing abroad, Chinese operators engaged in international trade, and foreigners who come to China for trade, among which are multinational companies and well-known companies.

In September 2016, Fidelity established a joint venture with Hogan Lovells, a global leading law firm, in China (Shanghai) Pilot Free Trade Zone. Through this joint venture, Fidelity has gained substantial support in providing international legal services. Moreover, along with the extensive experiences accumulated in nearly 20 years’ practices, Fidelity canmeet more complicated demands of clients and provide integrated legal services both in Chinese law and international law.

1.Legal Service in the Free Trade Zone

With the basis of nearly 30 years’ experiences, Fidelity has been appointed as the legal counsel of the Xiamen Pilot Free Trade Zone Management Committee and provides diversified legal services for the  committee as well asenterprises and individuals of the Free Trade Zone.

Main services of Fidelity in this area include:

 ◇Providing legal services for the establishment of enterprises and institutions in the Free Trade Zone.

 ◇Providing legal advices for the construction and operation of business models of enterprises and institutions in the Free Trade Zone.

 ◇Providing preventive legal management services. Checking, evaluating and controlling  legal risks that may exist in the business processes of various enterprises and institutions, and correcting and eliminating possible legal deviations.

 ◇Advising on providing non-administrative adjustment measures and policies in the Free Trade Zone.

 ◇Providing legal services of litigation or arbitration for trade disputes in the Free Trade Zone, and other related financial services, investment disputes, labor disputes, intellectual property disputes and antitrust litigation, anti-unfair competition, etc.

 ◇Providing legal services for all kinds of enterprises and institutions in the Free Trade Zone.

 ◇Providing legal services for various enterprises and institutions in the Free Trade Zone to investigate anti-dumping, countervailing and safeguard measures.

 ◇Providing legal services for other legal affairs in relation to the Free Trade Zone.

2.Overseas Investment

With the characteristics of crossing different jurisdictions of overseas investment, providing legal services by cooperation between Chinese lawyers and foreign lawyers has become an effective service model. However, in consideration of the differences in language, culture and law, the legal services provided to Chinese clients by foreign lawyers requires a process of transformation and understanding. Fidelity has been handling overseas investment business for many years, and maintaining long-term friendly and cooperative relations with many foreign law firms. In 2016, Fidelity established a joint venture with Hogan Lovells, which is the top ten law firm over the world. Through the offices in dozens of countries around the world of Hogan Lovells, Fidelity can provide more high-quality and more effective foreign-related services for clients. In the overseas investment business, Fidelity not only acts as a legal service provider by providing various services in negotiation, transaction design and document drafting, but also emphasizes its role as a coordinator. Through deepunderstanding and effective communication with foreign lawyers and target companies, Fidelity has effectively solved the problems and contradictions between Chinese clients and foreign lawyers. Such coordination has created enormous intangible benefits for Chinese clients in overseas investment.

Main services of Fidelity in this area include:

 Investigating initially on the legal investment destination, contacting foreign lawyers for due diligence investigation of investment projects, providing professional legal advices and suggestion on investment projects.

 ◇Providing consultation or legal advices for transaction on specific issues related to industrial policies, trust contracts, guarantees, taxes, etc.

 ◇Designing and optimizing structural financing schemes and transaction structure schemes.

 ◇Participating in drafting, reviewing and revising various required legal documents,  and participating in related negotiations in the financing process.

 ◇Assisting with the examination and approval, licensing and registration procedures within the territory.

 ◇Coordinating with local intermediary agencies and target companies from overseas.

 ◇Participating in negotiations and assisting with drafting and revising documents related to the transaction.

 ◇Assisting with completing the domestic and overseas delivery procedures of the project.

 ◇Other legal affairs related to overseas investment.

3.Foreign Investment

On the basis of the extensive experiences, Fidelity actively participates in direct foreign investment in China and provides efficient and high-quality services throughout the entire investment process to maximize the rights and interests of clients.

Main services of Fidelity in this area include:

(1) Foreign Direct Investment

 ◇Analyzing and consulting on industrial access policies.

 ◇Establishing various types of enterprises and institutions.

 ◇Establishing foreign invested/holding companies for transnational corporations.

 ◇Analyzing inflow and outflow of foreign exchange, and capital flow.

 ◇Area selection and comparative analysis of policies for foreign direct investment.

 ◇Legal services on project construction for foreign direct investment.

 ◇Legal services on operation localization and compliance management for foreign-invested enterprises.

 ◇Providing services for foreign-invested enterprises in capital changes, financing or cross-border financing.

2Foreign Capital M&A

 ◇Policy analysis and consultation of industrial access.

 ◇Target selection and risk/feasibility assessment.

 ◇Legal due diligence and business negotiation.

 ◇Design and optimization of transaction structure; drafting and checking transaction files; support to trade negotiation.

 ◇Consultation and operation of related formalities about permission, record, registration and exemption of government approval.

 ◇Antitrust report.

 ◇National security review.

 ◇Assistance of M&A completion.  

 ◇Enterprise integration after M&A.

4. Foreign Dispute Resolution

 ◇Assistance of evidence investigation and preservation, service of legal instruments; application for enforcement on behalf of the client.

 ◇Dispute resolution of international trade settlement on behalf of the client, especially for L/C trade.

 ◇Legal services for foreign investors on anti-dumping investigation conducted in China.

 ◇Legal services for domestic enterprises on anti-dumping investigation conducted outside China.

 ◇Participation in negotiations to resolve international trade disputes, application for international arbitration or filing of lawsuit on behalf of the client.

 ◇Other legal affairs about foreign dispute resolution.

Leading Cases

 ◇Providing legal services for a big mining firm to acquire a mining company (TOO) in Karaganda, Kazakhstan.

 ◇Providing legal services for Fortune Trend's acquisition of six marble mining operations in Quetta, Balochistan, Pakistan.

 ◇Conducting the due diligence into the acquisition of Winca’s business by international magnesium firm Timminco in Canada.

 ◇Representing for a foreign enterprise which jointly lease German offshore wind power installation vessels with a state-owned enterprise.

 ◇Conducting the due diligence for a listed company in Canada to acquire a mining company in Shanxi province in China.

 ◇Providing legal services for a Taiwanese company to acquire Xiamen Xinya Plastics Co., Ltd.

 ◇Providing legal services for a Hong Kong company to acquire an auto sales&service corporation.

 ◇Acting as a transferor’s lawyer for a famous foreign-funded real estate company in the United States to acquire a well-known real estate company in Xiamen.

 ◇Acting as a transferor’s lawyer for a big tobacco company in Indonesia to acquire a famous state-owned food enterprise in China.

 ◇Acting as a transferor’s lawyer for a Singapore company to acquire a petrochemical company in Jiangsu province in China.

 ◇Acting as a legal counsel to nearly 20 multinational companies and foreign-related enterprises, including the Management Committee of China (Fujian) Pilot Free Trade Zone in Xiamen area, Linde (China) Forklift Co., Ltd., and Resound Hearing Technology (China) Co., Ltd.