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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
  • Comprehensive legal due diligence and analysis
  • Structuring and implementation of investments and financing arrangements
  • Establishment of corporate entities
  • Advice on regulatory and compliance issues, governmental approval procedures, licenses and permits
  • Advice on operational issues such as intellectual property protection, crisis management, environmental issues, community relationships and dispute resolution
  • Advice on greenfield projects, as well as investments in existing mines, mills and other businesses
  • Advice on financial reporting requirements, anti-bribery rules and other corporate governance matters
  • Guidance on anti-monopoly issues
  • Advice on employment issues, including the secondment of Chinese management personnel overseas, retrenchment and labor disputes
  • Advice on customs and foreign exchange procedures
  • Assistance in selecting and hiring foreign legal counsel in target jurisdictions
  • Advice on post-completion transition and integration matters

Government Relations and Strategic Alliances

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 Overseas Development Association (CODA) and the State Administration of Foreign Exchange (SAFE).

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.

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:

  • Each year from 2012 TransAsia and ChinaGoAbroad have co-hosted a “Risk Management for Outbound Investment” seminar at CODA's annual China Overseas Investment Fair in Beijing. At the seminars, leading service providers and government officials have given speeches on a variety of topics related to outbound investment, such as accounting, due diligence, legal and public relations.
  • In 2011, TransAsia assisted CODA 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.

Launched by TransAsia Lawyers, ChinaGoAbroad (CGA) is a membership community focusing on cross-border investments related to China.

What is CGA?

  • Definite Source of Information
  • CGA is a members-only forum for all types of investor from China to find investment opportunities and related information.

  • Promotional Platform
  • CGA provides an interactive platform for international and Chinese companies and organizations to promote their assets and expertise to facilitate cross-border transactions.

  • Private Consultancy
  • We also offer bespoke consultancy services for all stages of an investment.

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

    Representative Transactions

    Outbound Investment Transactions

    • Advised on Yancoal Australia’s A$8 bn merger with Gloucester Coal and re-listing on the ASX
    • Advised Oz Minerals on its A$ 2.6 billion asset sale to China Minmetals in Australia
    • Advised Minerals and Mining Group (Australian subsidiary of China Minmetals) on general corporate matters and on its HKSE listing
    • Advising an ASX-Listed Copper-Gold Project on the selection of mining and infrastructure construction partners and on off-take agreements, as well as equity investments and project finance, each involving Chinese business partners and financial institutions
    • Negotiated an EPCM contract for MCC Overseas with an Indian producer for the Muara Wahau Coal Project (Indonesia)
    • Advised China Three Gorges on its US$100 m investment in the EU solar energy industry
    • Advised China Shenhua on its A$299 m acquisition of the exploration rights for the Watermark coal project in New South Wales, Australia
    • Advised China Huaneng on bidding for a coal mine in Western Australia
    • Advised Jizhong Energy on its first investment in a coal mine in Australia
    • Represented Indophil Resources NL in the proposed A$545 m takeover by Zijin Mining
    • Represented Hebei Iron & Steel Group for its investment in a listed Chilean company and for related off-take agreements
    • Advised Rex Minerals on the choice for mine & infrastructure construction partners and product off take, as well as equity and project investments
    • Advised SEPCOIII on offshore EPC projects in SE Asia, the Middle East and Latin America
    • Advised Shanghai Construction Group on the long-term lease of a site for the development of luxury hotels and villas in Monrovia, Liberia
    • Advised China Africa Development Fund on its acquisition of media assets across more than 14 African countries
    • Represented a PRC SOE for its bid for shares in a Brazilian mining company
    • Advising the Adani Group on its mine infrastructure project at the Carmichael copper mine in the Galilee Basin in Australia and on Indian power plant financing transactions, each involving Chinese business partners and financial institutions
    • Financing Transaction

    • Advised China Development Bank (CDB) on the acquisition by an HKSE listed company of shares in a NASDAQ listed company, and the coordinated issuance of PRC, Hong Kong, and U.S. legal opinions
    • Advised CDB on the US$400 m financing of a hydroelectric power project in North Sumatra, Indonesia undertaken by China Huadian
    • Represented CDB for a US$1.4 bn term loan facility for the HKSE-listed arm of a leading Chinese private company
    • Advised CDB on an RMB3 bn multicurrency term loan facility for a large Chinese telecom equipment manufacturer’s Cambodian subsidiary
    • Advised CDB on the financing a NASDAQ listed company’s delisting and related restructuring work

    Publications

    At the request of Herbert Smith Freehills, 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 Clients

    • Adani Group
    • Bank of China
    • China-Africa Development Fund
    • China Development Bank
    • China Huaneng
    • China Metallurgical Group Corporation
    • China Minmetals
    • China Non-Ferrous Metal Import & Export Corp.
    • China Shenhua
    • China Three Gorges
    • Hebei Iron & Steel Group
    • Jizhong Energy Group
    • MCC Overseas
    • Oz Minerals
    • Qingdao McDermott Wuchan Offshore Engineering Corp.
    • Shanghai Construction Group
    • State Administration of Radio, Film and Television
    • Yancoal Australia