PRACTICES

To maximize the protection of your legitimate rights and interests
JINCHENG TONGDA & NEAL
M&A AND RESTRUCTURING
OVERVIEW

As one of the leading M&A law firms in China, JT&N advises on the utilization of M&A strategies at every phase of an investor’s investment in China.  At the entry stage, mergers with or acquisitions of existing PRC companies can provide a foreign investor with an accelerated means of entering the market, obtaining a pool of experienced employees or gaining access to established distribution channels.  For companies already established in China, a wide variety of M&A options can be used to restructure, expand or refocus the existing presence.  M&A transactions can also serve a valuable function as an exit strategy for foreign investors.  

Financial M&A transactions involve financial institutions or using special financial products to realize an acquisition or a merger.  Such transactions usually involve the review and approval by, as well as communication with, one or multiple financial regulators in China, based on PRC financial laws, regulations and rules.  JT&N routinely advises clients on structuring appropriate acquisition strategies and transaction structures under PRC law and regulatory requirements, especially in the area of financial M&A.

Our clients include top-tier international financial corporations, institutional investors, private equity and venture capital firms, and private PRC companies and state-owned enterprises.  The firm also handles M&A transactions on behalf of clients in the small to midsize range, including acquisitions and dispositions of assets, businesses and subsidiaries, the sale or purchase of equity in cooperative and contractual joint ventures, and strategic investments.

JT&N’s impressive record of experience in dealing with the most complex and challenging issues affecting many financial M&A projects in China – including advising clients in meeting special qualification, solvency, capital requirements under PRC financial laws, understanding the intricate shareholding and other limitations, data privacy requirements, special requirements on senior management personnel under these laws, employee and management settlements, off-the-book or hidden liabilities, social security obligations, pre-existing irregular practices and arrangements, industry compliance issues – and our unparalleled ability to address those issues, provide our clients with the factual intelligence as well as the legal analysis they need to make the most informed business decisions.  

With the capacity to draw on over 400 attorneys with skills across a wide spectrum of legal areas, JT&N’s expertise in financial M&A is solidly founded in the excellence in each respective area of a full-service law firm.  The firm recognizes that the complex and multi-disciplinary nature of most M&A transactions requires an inter-disciplinary approach ensuring a client’s access to a comprehensive range of legal services.  JT&N emphasizes a cross-discipline team approach that incorporates the expertise of our tax, finance, antitrust, intellectual property, IT, litigation and labor law lawyers into any M&A transaction requiring such advice.  Our clients also benefit from our PRC regulatory expertise.  JT&N’s strong working relationships with PRC government ministries, agencies and departments responsible for M&A-related laws and regulations reinforce the firm’s ability to meet the needs of clients.


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