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Outbound Investment

With the implementation of China's "going abroad" policy, which is being supported by legal reforms and easier access to funding, outbound investment from China is growing at an unprecedented rate. TransAsia is one of the first PRC law firms to advise Clients in this area and today remains one of a few firms with a dedicated practice in this regard.

Using our extensive network of international alliances, we leverage our capabilities as a bilingual and multicultural Chinese firm to provide domestic investors and foreign investees with seamless, practical and authoritative advice on all aspects of their international transactions, particularly with respect to mining, energy and natural resources.

We have provided services and advice to clients in countries around the world, including Australia, Canada, the U.S., Indonesia, New Zealand, Chile, South Africa, Nigeria and Tanzania.

Client Services

  • Partner selection and identification
  • Investments and financing arrangements
  • Establishment of corporate entities and related documentation
  • Regulatory and compliance issues, governmental approval procedures, licenses and permits
  • Governmental relations in China and target jurisdictions
  • Customs and foreign exchange procedures
  • Post-completion transition and integration matters
  • Employment issues, including secondment of Chinese management personnel overseas and the hiring and retrenchment of staffAdvise on all manner of employment issues, including the secondment of Chinese management personnel overseas, and the hiring and retrenchment of staff
  • Legal due diligence and analysis
  • Operational issues, such as intellectual property protection, crisis management, environmental protection, community relationships and dispute resolution
  • Anti-monopoly issues, financial reporting requirements, anti-bribery rules and other corporate governance matters
  • Manage the selection and use of foreign counsel in target jurisdictions

Strategic Alliances and Government Relations

TransAsia is proud to collaborate with a number of leading law firms across the globe.  In particular, we work closely with our alliance firms in Australia, Canada, the U.S. and Latin America to facilitate some of the largest outbound investments to take place in these respective regions to date.

We enjoy close working relationships with the Chinese government authorities responsible for outbound investments such as the National Development and Reform Commission (NDRC), its China Industrial Overseas Development & Planning Association (Association) and the State Administration of Foreign Exchange (SAFE).

As part of our ongoing cooperation with our alliance firms, we hold symposia for Chinese state-owned enterprises and banks on “going abroad” projects.  These invitation-only events have each been over-subscribed and warmly received by corporations and governmental authorities alike:

  • In 2011, TransAsia assisted the Association to organize a forum entitled “Investing in Australian and Canadian Listed Companies: A New Path for Resources/Property Acquisitions in Africa”.
  • In 2011, we held an “Invest in Chile – Beijing” symposium in collaboration with the Association.  The event focused on practical insights for Chinese investors when investing in Chile.
  • In 2010, we held an “Invest in Canada – Beijing” symposium in collaboration with Torys and the Association.  The event focused on regulatory and political issues for PRC companies and SOEs investing in Canada.
  • In 2007 and 2009, we held "Invest in Australia - Beijing" symposia in collaboration with Freehills and the Association.  These events were officially endorsed by the NDRC and the SAFE, and supported by the Australian Government.
  • In 2006, TransAsia held an "Investing in the U.S. 2006" symposium jointly with the Association and Covington & Burling.  The event attracted over 200 senior business leaders and government representatives from both countries.

ChinaGoAbroad.com

TransAsia recently founded a unique project entitled "ChinaGoAbroad.com" (CGA).

CGA is a members-only project focused on Chinese outbound investment with both online and offline components, as follows: 

  • Website: online platform for exchanging information relating to Chinese outbound investment, including actual investment opportunities being offered and sought by members; and
  • Confidential Professional Consultancy: premium advisory services led by TransAsia Lawyers, through which CGA members can seek, promote and implement investments with complete discretion.

Members receive direct access to:

  • 400 key SOEs, 5,000 private sector companies and high-net worth individuals from China
  • owners and operators of assets globally
  • leading service providers
  • expert sources of knowledge
  • government agencies

CGA is supported by several key Chinese government agencies, including the National Development and Reform Commission, the China Development Bank and the State Administration of Radio, Film and Television.

Current contributing members of CGA include Ernst & Young, Accenture, Kroll, the CPR Institute and over leading law firms from all over the world.

For more information, please visit www.ChinaGoAbroad.com.

Publications

At Freehills' request, TransAsia produced the Chinese version of "Doing Business In Australia".  The publication, now in its second edition, offers key insights for those considering investment opportunities and operations in Australia and provides an overview of the relevant laws, rules and practices involved. Topics covered include:

  • Australia's natural resources sector
  • banking regulation
  • business acquisitions
  • consumer protection and product liability
  • environmental and planning regulation
  • foreign investment regulation
  • fundraising
  • taxation

To view the Chinese version of the publication, please click here.
To view the English version of the publication, please click here.

Representative Transactions

  • Advised Indophil Resources NL on its A$ 545 million takeover by Zijin Mining Group
  • Represented China Shenhua in its acquisition of the exploration rights to a coal mine in New South Wales, Australia for A$ 300 million
  • Assisted China Huaneng with the bidding for Premier Coal in Perth, Australia
  • Advised SEPCOIII on offshore EPC projects in SE Asia, the Middle East and Latin America
  • Engaged by the Embassy of Switzerland to prepare a market intelligence report assessing Chinese companies' interest in investing in Switzerland
  • Assisted Shanghai Construction Group with the long-term lease of a site for a luxury hotel and villas in Monrovia, Liberia
  • Advised China Africa Development Fund on its investments in media projects in more than 10 African countries
  • Advised Oz Minerals on its A$ 2.6 billion asset sale to China Minmetals in Australia
  • Advised China Minmetals' wholly owned Australian subsidiary, Minerals and Mining Group Ltd., on general corporate matters after its acquisition of Oz Minerals
  • Advised Myer Holding Ltd. on its offering to Chinese investors during its IPO on the ASX
  • Assisted China Metallurgical Corporation with its efforts to develop the Waratah coal project in Queensland, Australia

Representative Clients

  • Bank of China
  • China Minmetals Corporation
  • China Development Bank
  • China Metallurgical Group Corporation
  • China Non-Ferrous Metal Import & Export Corp.
  • China Shenhua
  • Hebei Iron & Steel Group
  • Qingdao McDermott Wuchan Offshore Engineering Corp.
  • State Administration of Radio, Film and Television
  • Sohu.com
  • Xinyuan Real Estate
  • Youku.com