With China being an attractive market for corporations, Bruno discusses the complexities clients may face when trying to cross the bridge into China.
Regarding transactions, what foundations are needed in order to build a strong bridge between Europe and Asia?
Our firm has developed a bicultural team who provides efficient solutions to navigate the complex legal environments in China. The partners and the team share experience acquired in international law firms and start-ups.
Leaf work is international in essence: we mainly deal with cross-border transactions involving a partner based in China and a foreign partner. Leaf’s experience and bicultural work organisation allows our clients to fully understand the legal implications of doing business in China. We put our clients in the position to evaluate risk level and apply pragmatic solutions.
Understanding people in China and respecting their culture is a must.
If a transaction between Asian and European companies is successful, what do companies need to bear in mind prior when progressing with the deal?
Companies have to navigate the complex legal and administrative environment. The budget of accessing the Chinese market shall take into account the cost of compliance. Understanding the impact of governmental decisions and political changes in a fast-growing environment has its costs and may strongly impacts clients’ budgets; obtaining specific licenses or protecting IP may postpone a product launch of several months in some occasions. Having the right adviser may speed up the process and may help clients to properly design its business plan.
Understanding people in China and respecting their culture is a must. During negotiations and integrations of the management team or during communication campaigns, foreign investors have to adapt to the Chinese environment and its cultural specificities. Chinese counterparts expect speed in order to be in line with the evolutions of their market. Should foreign investors fail to appreciate this need, they may lose some potential transactions.
In a recent deal that we successfully closed, we helped our client to understand the procedures and requirements for a transaction, including a state-owned enterprise and the most suitable way to complete pre-sale restructuring in compliance with the laws, in order to increase security and value of the deal and eased the relationships and balanced the benefits among the shareholders of diversified background.
The rapid growth of administrative regulation and increasing requirements for compliance have put more pressure on the companies which want to access this market.
Moreover, what complexities should the respective companies prepare for?
If I take the example of the retail market, the specificities of the Chinese customer, including ultra-connectivity, appetite for novelty and access to very efficient e-commerce platforms, have tremendously changed the business models and the way to conduct business. Many companies are doing investment in China just for the sake of experimenting this huge laboratory. The way to structure deals has been strongly impacted by this very specific Chinese cultural element.
The rapid growth of administrative regulation and increasing requirements for compliance have put more pressure on the companies which want to access this market. Managers and companies are facing increased personal and corporate liabilities in case of non-compliance. Interestingly, the regulations are changing faster than the business practice in China. Business practices have to adapt to this fast-changing environment.
Being a legal counsel, we help our clients to define priorities and understand the practice in China. Our clients not only see us a legal expert, but also as a trusted adviser.
Bruno Grangier
Managing Partner
www.leaf-legal.com
About Bruno and his Firm
LEAF was founded in 2012 by a team of European lawyers, including Bruno Grangier. Our team is composed of talented Chinese and European lawyers and specialises in transactions in China.
Leaf’s partners assist mid-cap enterprises and international corporations, mainly on their M&A operations in China with public and private Chinese players and their fundraising operations for Asia-related markets.
The firm focuses on the tech and e-commerce sectors, which are fast growing markets in China.
Bruno Grangier is developing innovative solutions including a comprehensive cyber security and data breach offering, following the issuance of cybersecurity law in China. In alliance with a data intelligence company providing a team of cyber expert and forensic specialist and network specialist, the firm has created TL Group, a team providing tech and legal services. This team can offer services to companies and managers in compliance audit in cybersecurity, structuring deals involving data assets, understanding the path of data to have a better understanding of potential data breach and increase the security of the assets as well as compliance programs.
