Foreign owned ventures in China

BusinessLegal

  • Author Robert Sykes
  • Published March 25, 2012
  • Word count 695

We're Here to Help

Trident China Venture Restructuring is a division of IPO PANG P.C. that is dedicated to helping distressed foreign-owned ventures in China to restructure, re-organize, re-capitalize and change course.

China is blessed with a booming economy, a growing middle class, modern infrastructure, a huge pool of skilled and inexpensive labor, and a hunger for new products and services. But even with all of these factors in its favor, there is no guarantee that foreign ventures will succeed here. Often the failure is not in product or service quality, but in a failure to adapt to local needs and customs. Our record of assisting companies in distress has proven that we have the right combination of experience, background and business savvy to help foreign-owned Chinese enterprises either right their ship or divest with maximum value.

A Complex Environment

There are many possible causes of distress in a China venture. Underperformance could be related to the product itself, marketing, distribution channels, ineffective management, or regulatory barriers - or any combination of these. The presence and role of Chinese partners in a venture expands the list of possible causes of distress or under-performance significantly. Discord between a foreign firm and its Chinese partner is not unusual, and discord will damage a venture's prospects for success whether caused by honest disagreement about methods and strategies or by the willful undermining of one party's efforts by the other. The "human element" as a cause of an enterprise's distress cannot be overlooked or under estimated. Not properly dealt with early on in the distress cycle, these human factors will often tax any turnaround efforts. The Chinese market is unique, often demanding unconventional formulae for success and significant customization in order to meet the demands of localization and price sensitivity. The unique proclivities of Chinese consumers and business culture demand the assistance of seasoned and experienced specialists that have paid their dues in the Chinese business environment. Foreign-owned companies cannot operate under a "business as usual" paradigm in China, and over the years Trident has helped many companies overcome these vexing issues.

A Logical Approach to Resolution

When a Chinese venture is in distress, management needs to quickly determine its true causes and implement an action plan. This process is most effectively accomplished through an independent and objective third party familiar with both western and Chinese laws, business practices and cultures.

The Trident team is comprised of experts in law, accounting (including forensic accounting), management, and regulatory affairs who perform a three-phase process to investigate and analyze the distressed venture, identify potential solutions, and implement them. Depending on the nature of a venture's distress, Trident can also leverage IPO PANG's network of government relations and influential business leaders to help bring about simple rational solutions that just need just a little "nudge" or encouragement from the right parties in order to succeed.

Often distress is manifested by deteriorating employee relationships and fast action may be needed to prevent outright theft of valuable company property or worse, illegal dissemination of false allegations to industry and government alike. Trident can help you manage crises like these, borne of corporate distress, ideally before they happen. In the event that damaging actions are conducted, Trident specialists have the experience and know-how to limit the damage, rehabilitate reputation lost, and where appropriate, resource IPO PANG attorneys to initiate legal or protective action to stave off further damage.

Time is of the Essence

The key point about distressed ventures is that they rarely, if ever, fix themselves. Quite the contrary - they only get worse and worse. Few companies have the luxury of taking a "wait and see" approach, so prompt and decisive action is paramount. When legal action is necessary, such as temporary restraining orders, orders to show cause, or other legal maneuvers, Trident resources its parent IPO PANG's attorneys and network of litigators who can go into a court or an administrative bureau on a moment's notice and obtain the necessary orders to preserve status quo or to prevent dissipation of valuable assets.

Trident has already helped a number of foreign enterprises weather their Chinese storms, and we can help you too.

Business in distress China

IPO PANG P.C.

18 New Jinqiao Rd.

Ramada Tower, Suites 2310 - 2312

Pudong, Shanghai P.R.C. 201206

Tel. (+86) 21 3382 1918

Email: info@ipopang.com

http://ipopang.com

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