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Acting for overseas clients
Clients of Enlighten Law Group come from Europe, the United States, and many Asian countries. We are entrusted with diversified cases including trade, commerce, investment, disputes, merger, and acquisition. Our firm is familiar with resolutions of legal, administrative and cultural difficulties on behalf of foreign clients.
Taiwan is in a vital position in international commerce and trade. It is an important base for international enterprises to obtain access to East Asia and Mainland China, yet its legal framework is different from Europe, the US, and China. Enlighten Law Group has been entrusted by many foreign clients with cross-border legal business related to Taiwan, Hong-Kong and Mainland China.
Electronic companies in Mainland China planned to acquire Taiwanese electronics companies and entrusted Enlighten Law Group to assist in the preparation of contracts and procedures.
It’s usually more difficult to conduct cross-border merger and acquisition (M&A) if it falls into the following categories: regulated industries, publicly listed companies, hostile takeover or lack of consensus on conditions.
The requirements for this case were not particularly difficult. However, there were still many obstacles that affected the M&A process. For example, complicated review from the Investment Commission, Ministry of Economic Affairs(MOEAIC) in Taiwan and strict foreign exchange control in Mainland China.
Enlighten Law Group proposed the scheme “Bridging Loan” to solve the challenge of remitting funds to Taiwan from China. We suggested our clients acquiring equities through bank financing, and then gradually paying back the banks. Since the interest rate is low in Taiwan, it would be a beneficial approach to them.
When foreign companies decide to invest in Taiwan, they will find that there are many trivial matters to deal with, such as visas, recruitment, opening accounts, work permits, etc. Things that could be handled by human resources and general affairs departments in their countries now need to be covered by a trustworthy agent in Taiwan.
In cross-border M&A cases, attorneys should not only be responsible for the paperwork of the submission process, and coping with the case officers, but they should be capable of helping clients to deal with legal barriers in transnational business. From trivial administrative procedures to high-level M&A frameworks and litigation strategies, Enlighten Law Group is dedicated to offering the best services.
Recently, a US company filed a lawsuit against a large Taiwanese technology company.
The reason was that the Taiwanese technology company refused to pay after purchasing manufacturing equipment, and also claimed that they are defective products. Later, we discovered that the patents and copyrights of the US company had been infringed as well.
As the representative of the US company, Enlighten Law Group was in charge of evidence collection, facts finding and negotiation with Taiwanese technology companies. We also offered strategies for the overall litigation, for instance, filing a lawsuit in the United States simultaneously to put pressure on the opponent.
Enlighten Law Group has also represented European companies to implement legal affairs in Taiwan and Cross-Strait.
Since legal systems can vary widely from place to place, overseas clients may have inertial thinking about judicial procedures and culture. We discovered that culture and communication were major issues based on practical experience.
For example, civil and commercial cases belong to different court proceedings. However, civil courts deal with both cases in Taiwan. Besides, judges may not have enough experience and knowledge of international business cases, and the procedures are more lengthy. Clients are likely to lose patience and misjudge litigation strategies at that time.
For attorneys, in addition to communicating with judges, they have to understand the situations of regulations and procedures in clients’ counties first, so they can explain properly to both of them.
Enlighten Law Group has long-term partners in Shanghai and London and is planning to set up a branch office in Shanghai. Kunchou Tsai, Esq is one of the 24 Taiwanese lawyers among the 1,200 arbitrators listed by the Chinese International Economic and Trade Arbitration Commission.
Attorneys in the Enlighten Law have studied law in Taiwan, the United States and the United Kingdom. They are proficient in dealing with various cases such as trade, mergers and acquisitions, investment and disputes. Our clients come from Europe, America and many countries in Asia. In the process of practice, our lawyers are well aware of the diversity and differences of legal cultures around the world and are also good at handling the multilevel legal needs of cross-border business clients.