[每天懂点法]Prohibited Foreign Investment for Legal Consultancies in China？

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Earlier this year, China “Legal Affairs Consultation Services” were added to the Foreign Investment Prohibited list（负面清单) in China’s rules concerning foreign investment into the country. The addition will radically reshape the manner in which legal services are provided in China and will force many players out of the market.

While the Chinese government has not yet begun cracking down （打击）on the practice of providing legal services – which includes offering incorporation services（企业服务）, trademark registrations（商标注册）, and other legal advice – it will only be a matter of time before it does. Hardest hit will be foreign owned consulting companies, as well as those overseas using local Chinese consultants to carry out their business for them.

The new business model for foreign firms to practice legal services in China requires that the Managing Partner be a Chinese national, and the practice be registered in China as a Joint Venture,requiring approval from China’s Ministry of Justice.  This is already happening amongst the larger international firms, as can be demonstrated by Mayer Brown’s just announced hook up with Beijing firm Jintian & Gongcheng. With Shanghai’s Free Trade Zone also providing relaxation （放宽）for the provision of certain legal services, many more prominent（重要的） practices will set up JVs in the zone.  Requirements for doing so are as follows for foreign law firms:

Has established a legal representative office (RO) in Shanghai for three years, or has established one RO elsewhere in China for three years and another in Shanghai;

The existing legal representative office has not been subject to any administrative punishments in the past three years.

（from China Briefing）

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