Due to linguistic specificities of the Chinese language, different companies’ names in Chinese, according to their pronunciation, may be spelled exactly the same in English. It will be difficult for you to make a claim or collect a debt.
If a creditor wishes to apply for bankruptcy of a Chinese debtor, it shall submit the following materials to the court.
Can I sue Chinese companies in France and then enforce a French judgment in China?
This is because conflicting clauses in the different versions will be deemed to have no effect. Therefore, you should review each clause of the Chinese contract carefully.
If a debtor files an application for bankruptcy, it shall submit the following materials to the court.
2022 Guide to Enforce US Judgments in China Can I sue Chinese companies in the United States and then enforce a US judgment in China? …
The following parties may apply for bankruptcy of the debtor: the debtor itself, creditors, liquidation obligors, relevant governmental authorities and employee creditors.
A Chinese company has only one legal Chinese name. But they also use an English name, determined by their own, in international trade.
Enterprises can all go bankrupt. In a few places, like Shenzhen, natural persons can go bankrupt. Chinese central and local governments and public institutions cannot go bankrupt. In addition, law firms cannot go bankrupt, either.
In China, court fees and attorney fees depend on the amount of your claim. But some fees are fixed, namely the cost of notarization and authentication of some documents in your country.
This allows you to identify exactly which Chinese company you are dealing with.
No. Instead, China adopts a first-to-file trademark system.
A Chinese enterprise may go bankrupt if both of the following conditions are met: first, it fails to pay its debts as they fall due; and second, its assets are inadequate to pay off all debts or it is clearly insolvent.
If there is a default on the bonds whose debtors or guarantors are based in mainland China, you can initiate an action before a court outside China and enforce the judgment in China.
It is intended to prevent the company’s shareholders from escaping liabilities by hiding under the corporate veil of limited liability.
Yes. Foreigners or foreign enterprises can apply for trademark registration in China.
The party presenting evidence shall pay the translation fee first, and then the losing party shall bear it.
The ‘foreign official documents’ here refer to official documents formed outside the territory of China.
The answer is YES, as long as the international sales of goods contracts are concluded between parties whose places of business are in different Contracting States of the United Nations Convention on Contracts for the International Sale of Goods (the “CISG”). In such cases, the Chinese courts shall apply the Convention automatically.
The minimum cost is USD 50 for trademark registration fees plus hundreds of dollars for agency fees.
