JP Law Firm

International arbitration and litigation

Taking note of overseas legal services demand, JP Law Firm established the Vietnamese Legal Research Society in the early 2000s and established the Ho Chi Minh City Corporation and Hanoi branch in Vietnam. Based on the abundant know-how accumulated in Vietnam, JP established a corporation in Beijing, and has strengthened international competence for effective performance in international sector through business cooperation with the Eversheds law firm in UK, Nakata Law Office in Japan, and Munkang law office in China.

Through years of accumulated experience, JP Law Firm has been showing outstanding performance in foreign investment and trade rescue of domestic capital, and arbitration and litigation among different nationalities.

International trade

JP Law Firm handles various international trade activities among parties with different nationalities, including export imports, tariffs, safeguard, anti-dumping, countervailing duties, FTAs, and WTO litigation. In addition to advising and negotiating for clients in trade procedures, anti-dumping, and tariff, JP also handles various legal issues and disputes that arise in the process to support the smooth international trade of client throughout all phases of international trade.

• Consultation and negotiation on import and export for client.
• Handling of task related to tariff.
• Handling incidents in anti-dumping sector, such as anti-dumping, safeguard, and countervailing duties.
• Implementing the WTO dispute resolution procedure.
• Draws up international trade contracts and participates in negotiation.
• Apply for Government licensing and execute various application process for a client.
• Execute International License and Technology Transfer Agreement for a client.
• Execute Domestic and foreign litigation and arbitration in relation to international trade.

International finance

• review and prepare prospectus and contracts related to the issuance of overseas securities including convertible bonds and bond with warrant and participate in process of negotiation.
• review and prepare prospectus and contracts concerning issuance of Eurobond, Yankee bond and Samurai Bond and participate in process of negotiation.
• Establish strategies and draw up contracts related to trading on the equity including loans.
• Advisory on Foreign Investment into North Korea.

China business

Since the establishment of diplomatic relations between the two countries on August 24, 1992, China has now consolidated itself as Korea's largest trading partner and largest investor. In order to meet the demand for legal services more actively in the wake of the rapid growth in bilateral exchanges between Korea and China, the China Advisory Team was launched in 2005 and a local corporation was established in Beijing in May 2010. And through close cooperation with the 易簡 Law Office, a leading local law office in Shenyang, JP provides legal services covering Beijing, Northeast 3 provinces. In addition, JP has signed a business partnership agreement with the Munkang Law Firm, a leading legal firm in Shandong Province, which is headquartered in Qingdao, China, and has a branch office in Jinan city, and has established our representative contact office in China to provide a wide range of legal services covering Shandong Province. Moreover, according to the recent surge of Chinese companies' investment into Korea, JP also provides legal advice services including mergers and acquisitions of Korean companies, listing on the Korean Exchange, and developing and investing Korean real estate.

JP Chinese office consists of a Chinese lawyer who has extensive experience in consulting Chinese law graduating from China University of Political Science and Law, a leading legal education organization in China.

In addition, JP China office has established a system for close cooperation with related authorities in China, in order to communicate with the relevant Chinese authorities, which are essential to the nature of China's related work, and have provided other overall management consulting services for the clients in China.

A. Foreign investment task

JP China office executes foreign investment task starting from the legal investment environment analysis, which is a preparation stage for investment in China, to establishing an investment corporation and representative office which is the early stages of investment. Also, we sincerely advise you on various legal issues that arise when you operate the company.

• Advise on Legal environment analysis and investment structure for investment sectors of foreign companies in China.
• Acting for obtaining a government license to establish a investment corporation (sole investment of foreign company, joint corporation with Chinese company, a holding company, corporation)
• Establishment of representative office.
• Prepare and review legal documents related to the establishment of a foreign investment corporation (business feasibility report, company charter, etc.)
• Advisory on capital changes, such as capital increase/reduction.
• Consultation on labor and social insurance.
• Tax related advice.
• Advise on Foreign exchange, including the recovery of investment and investment.

  - Customs clearance advice.
  - Draws up and reviews various contracts including product supply contracts and technology license agreements.
  - Participate in relevant negotiations.

B. IPO at Korea Stock Exchange

JP China Office provides comprehensive services to Chinese companies that want to be listed on the Korea Exchange, ranging from consulting on the contract with host company, which is the first step for preparing to be listed on the Korean Exchange, to acting as an posting agent after being listed.

• Consultation on corporate restructuring according to listing requirements on the Korea Stock Exchange.
• Selecting the host company and accounting firm suitable for the listed target company.
• Reviewing the legality of legal rights including trademarks, patents, land and real estate of listed companies.
• Consultation on policies and laws related to the listing of the companies.
• Reviewing and preparing legal documents related to the listing of the companies.
• Provide legal opinions related to listing of the companies.
• After the listing is completed, provides posting agent service in Korea.
• Legal advice on related exchange currency including remittance of stock sales amount in Korea.

C. Overseas (Korea) Investment

In close cooperation with JP Korea Office, JP China Office provides comprehensive advice, starting with the legal investment environment analysis, setting up an investment corporation and representative office, and operating matter after establishment.

• Legal environment analysis and risk assessment work for overseas (Korea) investment.
• Legal advice on projects between large Chinese companies (state enterprise) and Korean companies.
• Prepare and review on various legal documents(including investment contract and loan agreement) related to strategic investment, project financing, etc. and participate in negotiations process.
• Execute obtaining license of the government authority on overseas (Korea) investment for a client.
• Execute the establishment of investment corporations and representative office for a client.
• Consultation on foreign currency exchange related to the recovery of investment.

D. Litigation

JP China Office executes a civil and criminal lawsuit between China and Korea or in inside of each country, through close business partnership with JP Korea Office and leading local law firms.

• Consultation on the collection of bonds and the clearing of bad debts of enterprises and individuals between Korea and China.
• Labor lawsuits of Korean companies in China and Chinese companies in Korea.
• Debt collection lawsuits of Korean companies in China and Chinese companies in Korea.
• Litigation concerning the lease and sale of real estate of Koreans and Chinese in each other’s country.

E. M&A/Restructuring

JP China Office provides legal advice required at all stages of the acquisition, from the search stage for the target company to the decision of the transaction structure, due diligence, contract negotiation, contract fulfillment and follow-up processing. We also provide advice on mergers and acquisitions in all forms, including merger, division of the company, transfer of operations, transfer of stocks, and establishment of a joint venture company.

• Searching for the target companies and setting up the deal.
• Establish a step-by-step strategy and structure related to M&A.
• Establishment of equity acquisition structure and legal due diligence.
• Reviewing and preparing various legal contracts including equity/asset transfer contracts.
• Acting in various licensing procedures for shares/asset transfers, etc.
• Handling various disputes involving the transfer of equity/asset.

F. Real estate development

Through systematic business cooperation with JP Korea Office, JP China Office provides comprehensive advice on Korean real estate development of Chinese real estate developers and Chinese real estate development of Korean real estate developers from the search stage to the repatriation of development profits.

• Consultation on real estate market research and establishment of legal structure.
• Search target land and market price.
• Investigate legal rights of the land subject to investigation.
• Consultation for the establishment of a special purpose company.
• Draw up a contract for the sale of land and participate in negotiations.
• Advisory on Land Compensation.
• Preparing a document for consent and acquisition for real estate development
• Set up project finance and prepare loan contract.
• Prepare a contract for sale and lease.
• Execute Registration of Ownership and License for a client.
• Consultation on foreign exchange, such as the repatriation of development profits.

G. transferring to Vietnam

JP China Office, in close cooperation with JP Vietnam Office(Ho Chi Minh, Hanoi), provides comprehensive advice from market investigation business to operation after establishment, when Korean manufacturers in China moves production facilities to Vietnam.

• Establishment of a business plan and market survey.
• Research on Plant site.
• Prepare and review a contract for lease of a factory site.
• Preparing application documents for manufacturing corporations and executing licensing process for a client.
• Execute announcement of the establishment, issuance of seal registration, and registration for tax for a client.
• Acting Labor Recruitment.
• Consultation on labor, social insurance, tax, customs clearance, etc.

H. Intellectual property right

JP China Office provides legal advice for protecting Korean companies' intellectual property rights in close cooperation with the IP Desk of the Korea Intellectual Property Protection Association under the Korean Intellectual Property Protection Association, which is located in five Chinese cities (Beijing, Shanghai, Gwangzhou, Shenyang and Qingdao). We also provide advice on the management of companies related to intellectual property rights.

• Application and transfer of Korean companies' patents, trademarks, copyrights and other intellectual property rights in China.
• The handling of civil disputes in intellectual property rights caused by infringement of trademark and patent rights
• Pre-diagnosis of possibility of infringement of intellectual property rights of Korean companies and providing a solution.
• Legal advice on Investment into intellectual property rights and loans.
• Legal advice on the import and export of technical license agreements.

I. Private equity fund

Through close cooperation with JP Korea Office and affiliated investment companies, JP China Office advises a client on the establishment and management of a joint private equity fund, thus helping them to invest smoothly.

• Investor recruitment, taxation and liquidation of private equity funds.
• Execute the establishment and obtaining process of license of private equity funds for client.
• Management of domestic and foreign investment and investment target companies by private investment funds.
• Advisory on acceptance Financing of Private Investment Funds.
• Execute acquisition of enterprises and collect investment.

Foreign Investment Project Attraction/Joint Project

For firms with relatively low capital capacity, growth and expansion of the company often depend on the success of the investment attraction. JP Law Firm has comprised comprehensive legal service system to prepare for planning foreign investment attraction related to the establishment and conversion of a foreign investment company, and a foreign-invested joint venture, as well as the reviewing various regulations including the Corporation law, Capital Market Act, Tax Act, Foreign Investment Promotion Act, and Foreign Exchange Transaction Act.

• Legal advice based on the establishment of an foreign investment attraction plan.
• Preparation of an investment contract or joint venture investment agreement and participation in contract negotiations.
• Preparation of the Charter and registration of incorporation and registering enterprise.

Foreign investment/foreign exchange

The key of overseas investment is to minimize the risk of investment and to manage huge amounts of investment efficiently, by investing into countries having different social and legal systems with Korea. Therefore, thorough on-site investigation and advance review about the laws, culture, judicial system and corporate policies of the countries under investment is essential, and preparation to minimize risk of foreign exchange transactions is essential too.

JP Law Firm actively utilizes its overseas investment processing experience and network with international law firms, and prepares for the needs of its customers by establishing a task force (TF) team in the early stages of overseas investment.

• Various reporting activities according to the related Foreign Capital Inducement Act, etc.
• Foreign capital attraction of companies which entering into Chinese and North Korea.
• Resolving various disputes arising from investment and trade in China.
• Legal dispute followed by attracting foreign capital.

Overseas Resource Development

JP Law Firm provides advice to a number of domestic and foreign companies keeping pace with the internationalization of Korean companies' overseas advancement and overseas investment. There is growing interest in overseas resource development worldwide, and many Korean companies are already entering overseas markets. In further, through overseas resources development plan including increasing budgets related to resource development, fostering companies specializing in resource development, and strengthening the capacity of private companies to develop resources, the government has recently made overseas resource development projects as a national tasks.
JP Law Firm has established local subsidiaries and branches in countries with high reserves of natural resources such as Vietnam, China and Mongolia and has provided various legal services on overseas projects, formation of consortiums for overseas resource development, MOUs, and establishment of development strategies for Korean companies through close cooperation with local experts.

• Project for Overseas Resource Development of Korean Firms
• Composition of a consortium for overseas resource development
• Exploring overseas resource development sites
• Explore and select investment partners
• Sign various contracts with local companies regarding overseas resource development
• Reviewing the adequacy of investments related to overseas resource development
• Approvals related to resource development
• Project Financing