- Banking and Finance
- Investment Fund
- Family Law and Fortune Management
- Private Equity/Venture Capital, Mergers & Acquisitions
- Real Estate and Infrastructure
- Securities Capital Markets
- Dispute Resolution
- Intellectual Property
- Special Assets and Bankruptcy Restructuring
- Regulatory and Compliance
- Antitrust/Competition
- Human Resources and Labor Relations
- Tax
Cross-border Transaction
Leveraging its professionalism and experience accumulated through previous projects, Merits & Tree has been safeguarding clients’ interests in various cross-border transactions by helping Chinese enterprises identify, evaluate and contain risk factors. Merits & Tree has provided comprehensive legal services to Chinese enterprises aiming to “go abroad” for many years, providing coverage from the initial stage of commercial evaluation through transaction closing. In addition, with its legal know-how and accurate judgment on regulatory practices, Merits & Tree has accumulated many successful precedents in assisting foreign clients “localizing” their business plans. Merits & Tree also provides comprehensive legal services to domestic and international clients that issue offshore bonds in order to satisfy the financing requirements with respect to cross-border transactions.
● Outbound investment
Chinese investors face various uncertainties in outbound investment transactions due to differences in politics, law and culture. For many years, Merits & Tree has been providing integrated legal services through all transaction stages such as business planning, intermediary engagement, due diligence, structure design, implementation schemes, on-site negotiation and transaction closings for Chinese enterprises “going abroad”. In various outbound investment transactions, Merits & Tree has safeguarded clients’ interests by assisting Chinese enterprises in identifying, assessing and containing risk factors with its expertise and deal experience, and has thus achieved the goal of providing timely and effective legal support for clients’ offshore business needs. Furthermore, Merits & Tree’s expertise in structured finance and both offshore and onshore capital markets gives the firm an edge in delivering comprehensive legal services that integrate various commercial needs such as investment, financing and otherwise tapping into the capital markets. The outbound investment deals Merits & Tree lawyers have successfully concluded span regions including North America, Europe, and Southeast Asia and cover industries such as energy, mining, logistics, electronics, manufacturing, media, film and television and advanced technology.
Scope of Services
- Recommend and coordinate offshore intermediaries
- Design outbound investment transaction solutions
- Design cross-border financing and collateral structures
- Legal due diligence and transaction documents
- Commercial negotiation and transaction closing
● Foreign direct investment
In the field of foreign direct investment, the complexity of PRC laws and the diversity of local regulatory practices make PRC legal counsel essential to foreign investors. With its legal know-how and accurate judgment on regulatory practices, Merits & Tree has accumulated many successful precedents in assisting foreign clients to “localize” their business plans. Against the backdrop of the ever-changing foreign direct investment regime in the PRC, Merits & Tree is committed to providing optimized implementation options to foreign clients’ PRC businesses through timely, accurate and meticulous legal services. Merits & Tree’s foreign direct investment legal services cover essential industries such as energy, finance, mining, medical, food, household appliances, automobile, real estate and securities.
Scope of Services
- Establishment, operation, restructuring, termination and liquidation of foreign invested enterprises such as joint ventures, Sino-foreign cooperatives and wholly foreign-owned enterprises
- Onshore investments by QFII
- Acquisitions of domestic public and private companies by foreign investors
- Compliance and anti-corruption investigations of foreign invested enterprises.
● Offshore bond issuances and cross-border guarantees
Along with Chinese enterprises’ “going abroad” and globalization movements, more and more Chinese enterprises choose to issue offshore bonds (including raising funds through issuing offshore bonds) to leverage the more developed and diversified offshore bond markets and gain access to more diversified financing channels, in order to provide financing for various offshore acquisitions. Merits & Tree has abundant experience with the entities, structures, terms, processes, credit enhancement solutions and resolutions with respect to offshore bond offerings, (including cross-border guarantees with onshore collateral such as domestic public company shares, onshore accounts receivable and offshore assets, as well as offshore guarantees provided by onshore companies). Merits & Tree has provided comprehensive legal services in connection with offshore bond offerings by large SOEs, public companies and financial institutions, and accumulated extensive experience with respect to these transactions. Our professionalism enables Merits & Tree to cater to our clients’ specific requirements, and provide individualized legal services regarding offshore bond offerings.
Scope of Services
- Design and improve offshore offering structures
- Assist clients to complete the onshore regulatory filing process
- Perform legal due diligence
- Issue PRC legal opinions
- Review and revise bond offering memoranda
- Review and revise transactional documents in connection with offshore bond offerings
- Provide legal advice and design solutions with respect to offering proceeds
- Verify, design and improve cross-border guarantee solutions, and prepare the related legal documents
- Perform legal due diligence on collateral
- Issue legal opinions with respect to cross-border guarantees
