China Practice
MMN provides legal services in Chinese, English, and Japanese concerning Chinese law (meaning Mainland Chinese law) for Japanese companies and Japanese law services for Chinese entities (meaning entities from the Greater China region). Takayuki Matsuo, the partner in charge of Chinese legal affairs at our firm, holds a Ph.D. in Law from Peking University in addition to an LL.M. from Harvard and has acquired extensive experience in Chinese legal matters through training at multiple Chinese law firms. Although our firm does not currently have offices in China, we maintain close cooperation with numerous law firms in the region, allowing us to handle administrative and litigation matters in China.
1. Services for Japanese Companies
A. Handling Various Issues with Chinese Subsidiaries
Our firm specializes in addressing a wide range of issues related to relations with Chinese subsidiaries, particularly those concerning sensitive matters such as the implementation of China's Personal Information Protection Law and economic security. We have received numerous urgent requests from Japanese companies seeking assistance on these matters. For example, we have advised on the execution of SCC (Standard Contractual Clauses) based on China's Personal Information Protection Law, the formation of--and appointment of members to--the Economic Security Commission, and managing litigation and arbitration proceedings in China.
Please refer to the following newsletters for more information:
- Takayuki Matsuo and Cancan Yang, "China Personal Information Compliance Audit Management Act (Public Comment Draft)" Momo-o, Matsuo & Namba Newsletter, August 7, 2023.
- Takayuki Matsuo and Yue Hu, "Finalization of Standard Contracts for Cross-border Transactions of Personal Information in China," Momo-o, Matsuo & Namba Newsletter, March 7, 2023.
- Takayuki Matsuo and Yue Hu, "China's Latest Digital Strategy and Law," Momo-o, Matsuo & Namba Newsletter, November 21, 2022.
- Takayuki Matsuo and Yue Hu, "The Use of Cloud Computing in China and the Obligations of Japanese Companies," Momo-o, Matsuo & Namba Newsletter, January 12, 2022.
- Takayuki Matsuo and Yue Hu, "Practical Responses to be Taken by Japanese Cross-border EC Companies after the Application of China's Personal Information Protection Law (from November 2021)," Momo-o, Matsuo & Namba Newsletter, September 29, 2021.
- Takayuki Matsuo and Yue Hu, "China's Personal Information Protection Law Enacted (Attachment: Full Text Translation of the Personal Information Protection Law of the People's Republic of China)," Momo-o, Matsuo & Namba Newsletter, September 6, 2021.
- Takayuki Matsuo and Yue Hu, "China's Draft Personal Information Protection Law," Momo-o, Matsuo & Namba Newsletter, October 27, 2020.
B. Withdrawal from China
We have handled numerous cases involving business withdrawal from China due to disputes with Chinese joint-venture partners. Withdrawal from China entails various issues such as labor and taxation matters. We provide practical advice to enable a smooth withdrawal by coordinating with local Chinese lawyers as necessary.
C. Expansion into China
For companies looking to enter the Chinese market, we offer comprehensive support and advice. Our services cover a wide range of areas, including market research, regulatory compliance, business establishment, and joint ventures with Chinese partners. We aim to facilitate a successful market entry strategy tailored to each client's specific needs and objectives.
2. Services for Chinese Companies
(1) General Corporate Legal Services
We provide support on various aspects of corporate law for Chinese companies establishing and operating subsidiaries in Japan. Our services include assisting with the organization of shareholder and board meetings, corporate governance matters, and reviewing contracts related to daily business operations.
(2) Mergers and Acquisitions (M&A)
We have extensive experience in legal due diligence, negotiations, and drafting transaction documents for M&A deals involving the acquisition of shares or other assets of Japanese companies. Our expertise also covers antitrust law compliance, post-merger integration, and the closing process.
(3) Intellectual Property (IP)
Our firm acts as representatives for Chinese companies in intellectual property matters and handles the drafting, negotiation, and review of IP-related agreements, such as licensing and confidentiality agreements, with Japanese companies. Additionally, we handle infringement cases, including sending cease-and-desist letters and conducting negotiations, as well as representing clients in litigation.
(4) Crisis Management
In the event of crises such as misconduct or white-collar crimes involving local executives of Chinese-owned Japanese subsidiaries, our firm devises response measures to mitigate actual and reputational damages.
(5) Litigation and Arbitration
We have extensive experience in handling litigation and arbitration cases related to Japanese subsidiaries of Chinese companies in Japan. Whether it involves the Tokyo District Court or the Japan Commercial Arbitration Association (JCAA), our firm can provide unparalleled support based on our wealth of experience.
(6) Labor and Employment
We have significant experience in providing legal advice on the employment of Japanese employees in Chinese-owned Japanese subsidiaries. Our services include drafting employment contracts and work rules, as well as handling labor disputes and litigation.
(7) Real Estate
We possess abundant experience in risk analysis, contract negotiations, and closing procedures for various types of real estate acquisitions in Japan, including office buildings, residential properties, hotels, and commercial spaces.