International Business Partnerships with China

China is now Australia’s largest trade and one of Australia’s largest investment partners. Australia exports over $40bn worth of products and services every year to China and imports more than $60bn worth of products and services from China. Australia exports tourism, education, mineral and agricultural products to China and imports electronics, textiles, furniture and household goods from China. Cross-border investment levels between China and Australia are also higher than they have ever been. Australian investment in China currently stands at $70.2b and China’s investment in Australia is approximately $85bn. Managing relationships with China can be fraught with difficulty without adequate understanding of the legal elements of the relationship in both countries.

In Australia, there are numerous laws and regulations regarding the export of products and the enforcement of contracts with overseas customers and suppliers. Enforcing rights under contracts in China is still more complicated and the drafting of international agreements needs to consider all of these factors before settling on the legal elements of a business relationship. The mechanisms of international dispute resolution are also particularly complex which requires careful analysis of the requirements of the relationship under consideration.

Our firm maintains deep links to all of the major cities in China which means that we can provide you with referrals to quality service providers in China if domestic legal services in China are required.

We can provide assistance with the following issues:

– International Supply Agreements
– International Distributorship Agreements
– Customs and Import/Export Control
– Trade Finance Agreements
– Contract Enforcement in Australia
– International Arbitration and Dispute Resolution
– International Joint Ventures
– International Investment Agreements and Regulation
– Incorporation and Business Formation in Australia
– Advice on Business Relationship Establishment in Overseas markets

Please do not hesitate to contact us if you require further information.

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Australian Securities and Investments Commission faces loosing one of its Jobs

In what is expected to result in some rolling heads, the Australian Securities and Investments Commission will be chastised today by the final report of the Senate inquiry into liquidators and administrators. There is the possibility that the regulator will have the role of supervising liquidators taken over by another agency although it is unclear who or what would replace it.

The management of the economy is obviously in flux at the moment with the uncertainty of the government. It is likely that those at the reins of our economic system do not have any of the necessary qualifications, let alone skills to deal with the enormous task of setting government economic policy. Late yesterday afternoon, the new government was still trying to work out who would have responsibilities for what after the apparently haphazard re-jigging of ministerial titles. Bill Shorten, the governor general’s son in law will be busy as he picks up administration of APRA with its prudential regulation of banking, insurance and superannuation. And he will have responsibility for whatever taxation law is delegated to him by the Treasurer – as well as administration of tax law and ATO matters. Oh, there’s responsibility for the response to the Cooper Review and taxation and regulation in regard to superannuation too.

Labor’s macro economic performance over the past three years has been its greatest achievement, the reason why it’s reasonable for it to have a second term. Too bad much of the electorate seemed to miss that, which might lead you to suspect that Wayne Swan couldn’t sell tinsel at Christmas. Tanner could sell the tree as well. Tanner was as much de facto Treasurer and Finance Minister, the bloke who could talk economics with credibility and a little style. Labor’s just fortunate that the coalition’s self-proclaimed economic expertise is not demonstrated by anything it has said or done for the past three years – and there’s no sign of that changing either.

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Share sale agreement

Click here to purchase a Share sale agreement

In order to sell a partial interest in a private company, you need to sell the share interest in the company. The template we have available here allows the sale of a minority or majority stake in private company and it allows a price in cash or an assumed loan as part of package. There is also the potential for a penalty if first year profit fails, which is a feature that can be used to protect the buyer. It also contains full warranties which can be edited. The norm is that the buyer will provide the sale document. However, the seller can also gain the initiative in the negotiations by providing a document which they have had input into drafting. Naturally, a share sale agreement is a complicated document and there is no replacement for legal advice which is provided by a qualified and competant lawyer, however, providing this template to your lawyer can also ensure that your lawyer will not have to spend time drafting all of the documents manaully and in the long run, it can therefore save you money.

In the template that we have available, it is assume that the buyer is purchasing between 20% to 60% of the shares in conjunction with the possibility of arranging a loan facility or otherwise supporting the company. It is assumed that the Buyer wants the same level of protection as he would expect if he was buying the whole company. In this agreement, the warranties are given not only by the sellers of shares but also by those “staying in”. These features are placed in the document in order to give you the option of protecting your intersts to the greatest extent possible.

To get a share shale agreement template, all you need to do is click here:

Share sale agreement

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