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  • Control of Foreign Investment in France (IEF)

    EXTENSION TO 2023 OF THE LOWERING OF THE THRESHOLD FOR IEF CONTROL OF FRENCH LISTED COMPANIES From a restrictive policy in the European Union to a policy favourable to foreign investment in China 1) The law of 28 December 1966 on foreign financial relations established the first legislative framework for controlling foreign investment in France. With the aim of reconciling the imperatives of public order, public security and national defence with the opening up of France to foreign capital, this law established the principle of freedom of financial relations between France and foreign countries, which is now codified in article L 151-1 of the French Monetary and Financial Code. It should be noted that this law empowered the Government to make the establishment or liquidation of foreign investments in France subject to declaration, prior authorisation or control by decree. A system of prior declaration was introduced by the decrees of 27 January 1967 and 4 August 1980 (which introduced the concept of a sector in which the Minister’s right to defer does not apply to investments from other European Union Member States). The decree of 15 January 1990 introduced a system of tacit authorisation, leading to a system of prior authorisation with the introduction of a system of injunctions and penalties, followed by control thresholds for investments in excess of 25%. 2)As a result of the health crisis linked to the Covid-19 epidemic, Decree no. 2020-892 of 22 July 2020 temporarily lowered the foreign investment control threshold from 25% to 10% until 31 December 2020. Subsequently, Decree No. 2021-1758 of 22 December 2021 extended the application of this reduced threshold until 31 December 2022. Decree no. 2022-1622 of 23 December 2022 further extended the period of application of the decree of 22 July 2020 by one year, until 31 December 2023. This extension decision was published in the French Official Journal on 24 December 2022 (JO RF, 24 déc. 2022, texte n° 16). In a press release, the Ministry of the Economy, Finance, Industrial and Digital Sovereignty explained that this measure had been taken because of the economic context linked to the energy crisis. To understand the control mechanism in France, we will review the principles and texts governing the control of foreign investments in France (1) as well as the conditions for setting up the procedure for the eligibility of Foreign Investments in France (2). Finally, as European regulations are directly applicable in France, a comparative analysis will be carried out between the European Union’s restrictive policy on foreign investment and the policy favourable to Chinese foreign investment (3). 1. Principles and regulations : According to article L 151-3 of the Monetary and Financial Code, foreign investments in an activity in France that participates in the exercise of public authority or that falls within the list of activities set out in article R 151-3 of the Monetary and Financial Code must obtain prior authorisation from the Minister for the Economy. Article R 151-2, 3° specifies that this includes situations where an investor (within the meaning of article R 151-I) crosses, directly or indirectly, alone or in concert, the threshold of 25% ownership of the voting rights of a listed company governed by French law. It should be noted that the activities referred to in Article R 151-3 of the Monetary and Financial Code are as follows: Activities relating to arms, munitions, powder and explosive substances intended for military purposes or to war material and the like; Activities relating to dual-use items and technologies listed in Annex IV to Council Regulation (EC) No 428/2009 of 5 May 2009; Activities carried out by entities holding national defence secrecy; Activities carried out in the information systems security sector, including as a subcontractor, for a public or private operator managing vitally important installations; Activities carried out by entities that have entered into a contract, either directly or by subcontracting, on behalf of the Ministry of Defence for the production of a good or service relating to a sensitive activity; Cryptology activities; Activities relating to technical equipment or devices capable of intercepting correspondence or designed for the remote detection of conversations or the capture of computer data; Activities relating to the provision of services by assessment centres approved under the conditions laid down in Decree no. 2002-535 of 18 April 2002 relating to the assessment and certification of the security offered by information technology products and systems; Gambling activities – except casinos; Activities designed to counter the illicit use of pathogenic or toxic agents in terrorist activities; Activities involving the processing, transmission or storage of data, the compromise or disclosure of which is likely to affect the exercise of sensitive activities; Activities relating to infrastructure, goods or services that are essential to guarantee: Energy supply; Water supply; Operation of transport networks and services; Space operations; Operation of electronic communications networks and services; The missions of the national police, the gendarmerie, civil security services, as well as the public security missions of customs and those of approved private security companies; The operation of establishments, installations and works of vital importance within the meaning of the Defence Code (and their information systems); Protecting public health; Food safety; Publishing, printing or distributing political and general information press publications. Research and development activities in critical technologies (cybersecurity, artificial intelligence, robotics, additive manufacturing, semiconductors, quantum technologies, energy storage and biotechnologies and technologies involved in the production of renewable energy); Research and development on dual-use goods and technologies. 2. Cumulative conditions for implementing the IEF procedure: The IEF (Investissements Étrangers en France) procedure will apply to a foreign investment if three conditions are cumulatively met: 2.1. Condition relating to the investor: This condition applies to any natural person of foreign nationality or any French natural person not resident in France for tax purposes. It also applies to any entity governed by foreign law or French law controlled by an entity governed by foreign law or an individual of foreign nationality. All persons and entities in the investor’s chain of control (direct or ultimate controlling) are considered investors under these regulations (article R. 151-1 of the Monetary and Financial Code). 2.2 Condition relating to the nature of the planned transaction: The investment must correspond to one of the transactions defined in article R. 151-2 of the Monetary and Financial Code. These transactions include : The acquisition of control, in accordance with article L. 233-3 of the French Commercial Code, of an entity governed by French law, whether or not the foreign investor is European. The total or partial acquisition of a branch of activity of an entity governed by French law, whether or not the foreign investor is European. Crossing, directly or indirectly, alone or in concert, the threshold of 25% of the voting rights of an entity governed by French law, but only when the investor is from outside the European Union. 2.3 Condition relating to the nature of the target company’s business: The investment must involve an entity incorporated under French law carrying on a sensitive business, which falls within the areas specified in article L. 151-3 of the Monetary and Financial Code and at regulatory level in article R. 151-3 of the same code. If one of these conditions is not met, the investment is not subject to authorisation. 3. Comparison between regulations on foreign direct investment in the European Union and China: from the protection put in place by the European Union to protect strategic sectors to China’s liberal and transparent system March 2019 saw the adoption of reforms to the framework applicable to foreign direct investment (FDI) in China and the European Union (EU). 3.1 In China, the 3 laws adopted during the DENG Xiaoping era on FDI in China[1] can no longer respond to China’s changing economic situation as it strives to build new projects and further open up its economy. At the second session of the 13th National People’s Congress on 15 March 2019, the Foreign Direct Investment Law (中华人民共和国外商投资法) was approved. The aim of this law is to relax the rules governing foreign direct investment in China and to treat FDI in China “almost equally” with local players. This means that a so-called “negative list” sets out the sectors in which foreign direct investment is prohibited or controlled. The law came into force on 1 January 2020 and aims to create a uniform framework for FDI in China while promoting the rights of foreign investors. According to Article 4 of the law foreign enterprises will now receive “pre-establishment national treatment” (准入前国民待遇), (i.e. without distinction of treatment based on nationality. In addition, a negative list management system (负面清单) has been introduced, which radically changes the previous laws that introduced a “case-by-case” regime, thus introducing a liberal system and a principle of transparency. Unlike the situation in France or the EU, companies will not be regulated according to their direct ownership, but according to who controls them. As a result, foreign companies in China controlled by Chinese nationals will be considered Chinese. The aim of this system is to create a predictable and transparent commercial framework for international investors, while at the same time protecting their interests and rights. It also guarantees equitable treatment at national level and fair market conditions. Articles 9 to 19 of the Act provide for the promotion of foreign investment; Articles 20 to 27 for the protection of foreign investment; Articles 28 to 53 for the management of foreign investment; Articles 36 to 42 on legal liability and annexes. It should be recalled that the draft law was first reviewed by the Standing Committee of the National People’s Congress on 23 December 2018, when China was in the midst of a trade war with the United States. 3.2. In the European Union, the new Regulation (EU) No 2019/452 was published on 21 March 2019 in the Official Journal of the EU. This regulation establishes a framework for the screening of foreign direct investment in the Union. It will enter into force on the twentieth day following its publication and will apply from 11 October 2020. This regulation applies directly in all Member States of the European Union, which is the most important destination for foreign direct investment, most of which comes from emerging products. Chinese investment in the European Union has increased sevenfold, particularly in the new technology sectors. This has prompted the EU to introduce new regulatory frameworks for filtering. The aim of the new Regulation is to establish cooperation between Member States through the exchange of information, with the creation of a support system for filtering foreign investment for reasons of security and public order. The Regulation encourages international cooperation on FDI screening, including the sharing of experience and information on issues of common interest. In addition, the European Commission can issue opinions on FDI in several Member States that could have an impact on programmes of general interest to the EU[2]. Although it is up to the Member States alone to decide whether to authorise foreign investment on their territory, the European Regulation aims to protect strategic sectors such as energy, water, transport, telecommunications, data, media, space, finance, semiconductors, artificial intelligence, robotics, health, biotechnology, technology, defence and food safety. Chinese companies have stakes in a wide range of critical European infrastructures, including ports, airports, electricity companies, wind and solar farms and telecommunications companies. Despite the drastic measures put in place by the European Union, Chinese companies now own stakes in port terminals in EU countries (in Greece, Italy, Portugal, Spain, Belgium, the Netherlands and Germany, as well as in airports such as Toulouse in France). Although the European Union is worried about China investing in key infrastructure on the European continent, the real concern is digital technology, where Europe is dependent on Chinese technology, as well as electricity networks, renewable energies and telecommunications, a situation favoured by interconnected transnationals. China is now the subject of discussions between the 27 Member States of the European Union, which see China not only as a partner in climate change issues, but also as a frontal competitor. The Member States are worried about allowing China to invest in their infrastructure, whereas they believe that China would never allow a European company to do the same. Only time will tell. In any case, China today has a liberal system of transparency for foreign investment, while Europe is strengthening its protection, the avowed aim of which is to protect its strategic sectors. [1] – Sino-Foreign Equity Joint Venture Enterprise Law (1979) (中外合资经营企业法), – law on foreign-owned contractual JVs (1988) (中外合作经营企业法), – Wholly Foreign Owned Enterprise – WFOE (1986) (外资企业法). [2] If the Regulation had existed in 2016, the Chinese conglomerate COSCO in the port of Piraeus in Greece would certainly have been the subject of an opinion from the European Commission. Indeed, China’s interest in European ports was one of the reasons why the Regulation was adopted. About the Author: Me Yadhira STOYANOVITCH is a Doctor of Laws. She holds a DEA in Special Private International Law (International Business and Contracts). She is a graduate of Higher Studies in European and Community Law (European Institute of Advanced International Studies). After nearly 10 years of professional experience as a Researcher on the Legal Protection of Biotechnology (Ministry of Research and Higher Education) and a corporate lawyer (Head of the Legal and General Affairs Department of ADEME), she created her firm in 1992 and joined the Paris Bar. She is specialized in Business Law and International Contracts, Construction and Real Estate Law, International Family Law, Environmental Law (treatment and disposal of industrial waste) and Energy (energy production, new and renewable energies, self-production and cogeneration). She is in charge of training at ESTP (Special School of Public Works and Building) and INSTN (National Institute of Nuclear Sciences and Techniques). She is also an Agent in Real Estate Transactions. She is bilingual French-Spanish and fluent in English and Italian. Me Yadhira STOYANOVITCH is President of ALTER EGO MEDIATION, ARTHESIS FORMATION, and ITINERANTS SANS FRONTIERE. She is a member of the Office of the Club Business BTP IMMO of Nice.

  • Foreign Direct Investments in Germany

    Foreign Direct Investments are defined in Germany as investments from abroad into German enterprises with the goal to influence the business of the enterprise significantly and for a longer period of time. A significant influence is assumed if the foreign investor holds 10%, in some cases 20%, or more of the shares or voting rights in the enterprise, usually a company. On the other hand, so-called portfolio investments are investments that do not meet these criteria as in this case the foreign investor does not influence the business of the German enterprise. Germany with its international economy welcomes foreign investments as it deems foreign direct investments as crucial for its economic development. However, some foreign investments are regarded as dangerous. For these reason the Federal Ministry for Econimic Affairs and Climate Protection (Bundesministerium für Wirtschaft und Klimaschutz – BMWK) may examine some planed foreign direct investments, especially the direct or indirect purchase of shares of the German company by a foreign entity. Its power of audit and the investment audit procedure (Investmentprüfverfahren) are regulated in the Foreign Trade Act (Außenwirtschaftsgesetz -AWG) and the Foreign Trade Ordinance (Außenwirtschaftsverordnung – AWV). There are two different procedures, the Cross-sectoral Audit Procedure (sektorenübergreifendes Prüfverfahren) and the Sectoral-specific Audit Procedure (sektorenspezifische Prüfverfahren). The Cross-sectoral Audit Procedure is applied if the investor is from outside the EU and EFTA, §§ 55 et. seq. AWV, § 4 Sec. 1 no. 4 and 4a, § 5 Sec. 2 AWG. According to § 55 Sec. 1 AWV, the Federal Ministry can assess whether there will be a likely effect on the public order or security of the Federal Republic of Germany, of another Member State of the European Union or in relation to projects or programmes of Union if a non-EU resident directly or indirectly acquires a domestic company or directly or indirectly acquires a stake within the meaning of Section 56 in a domestic company. § 55a Sec. 1 AWV contains a catalogue of circumstances that can lead to likely effect on the public order or security. Such investments have to be reported to the Federal Ministry if the threshold of 10% or 20%, depending on the specific position of the catalogue of § 55a Sec. 1 AWV, of the shares or voting rights are acquired by the foreign investor. Otherwise there is no reporting duty. However, if the threshold of 25% of the shares or voting rights is acquired by the foreign investor, a document of compliance (Unbedenklichkeitsbescheinigung) should be petitioned. The Sectoral-specific Audit Procedure is applied regardless whether the investor is from the EU or EFTA or a third country, §§ 60 et. seq. AWV, § 4 Sec. 1 no. 1, § 5 Sec. 3 AWG. But, the Sectoral-specific Audit Procedure is only applied if the German target enterprise does business in the field of defense technology or military. In this case all investments have to be reported to the Federal Ministry if the threshold of 10% of the shares or voting rights is acquired by the foreign investor. The Federal Ministry will start the Frist Audit Procedure within two months after receiving the report or petition. Within this period of time it should issue the opening ruling (Eröffnungsbescheid). Then the Second Audit Procedure starts that can last for four months after receiving all relevant documents by the Federal Ministry. It can be prolonged by three months and one additional month in specific cases. After this period of time the Federal Ministry should issue a final decision (Abschließende Entscheidung). If it fails to do so within this period of time, the acquisition is deemed to be approved. About the Author: Roman C. Jüngling was born in 1979 in Cieszyn (Poland) and has been living since 1986 in Germany. He attended the Sigmund-Schuckert-Secondary-School and the Polish Supplementary School in Nuremberg. He studied law at the Friedrich-Alexander-University in Erlangen, the Justus-Liebig-University in Gießen, the Jagiellonian-University in Krakow and the Catholic-University-of-America in Washington DC. He completed the legal clerkship at the Higher Regional Court in Frankfurt on the Main. Roman C. Jüngling passed the First and Second State Exam with distinction, respectively, in Hesse in 2004 and 2006. In 2008 he gained the master of laws (LL.M.) from the Catholic-University-of-America in US-American business law and in 2009 the doctor of laws from the Justus-Liebig-University on the basis of doctoral thesis about the Polish stock exchange and capital market law. Roman C. Jüngling worked in the field of international business law as an intern, a law clerk and an attorney at law in international law firms in Germany, Poland and the USA, inter alia at Studnicki, Płeszka, Ćwiąkalski, Górski in Krakow, Gleiss Lutz in Frankfurt on the Main and Warsaw, Allen & Overy in Frankfurt on the Main, Gibson, Dunn & Crutcher in Washington DC and Baker & McKenzie in Berlin. Roman C. Jüngling was admitted as attorney at law in Frankfurt on the Main in 2007, in Berlin in 2008/2009 and between 2010 and 2023 in Nuremberg. Since 2023 he is admitted at the bar in Saxony. From 2016 until 2022 he had the title of a certified specialist in tax law (Fachanwalt für Steuerrecht). Roman C. Jüngling is a native speaker of German and Polish, and he is proficient in legal English.

  • Foreign Direct Investment in Italy

    For direct investments in Italy by individuals and companies from the People’s Republic of China, it is necessary to ascertain the condition of reciprocity. It exists in light of the bilateral treaty of 28 January 1985, in force since 28 August 1987. Therefore, Chinese nationals in Italy can safely set up companies in Italy and also take up positions in those companies. However, for natural persons who are not legally resident, taking offices in specific companies is allowed only if it is connected with the investment. The same applies to companies in the People’s Republic of China. Similarly to what happens for any subject, natural person or legal entity, whether Italian or in any case belonging to the European Union, Chinese subjects must be provided with an Italian tax code: to obtain it, it is sufficient to request it from the Revenue Agency. This Italian tax code will be used in all operations, documents, transactions, which will concern them. In addition, there are stringent anti-money laundering regulations in Italy and in Europe. In particular, I refer to the Fifth EU Directive 2018/843, which has enhanced the prevention system of member states in line with the 2012 G.A.F.I. recommendations. Specifically, the financial intelligence units have an increasingly central role also in the context of the obligation of automatic exchange of reports on cross-border transactions from which some indication of dangerousness is detected. Therefore, in relation to the direct type of investment from the Chinese side that one wants to make in Italy, one should carefully consider the activity of the company that one wants to acquire or the type of investment that one wants to make, in order to understand which anti-money laundering regulatory requirements should be complied with. For the Italian regulations, reference should be made to Legislative Decree 231 of 21 November 2007. About the Author Avvocato Roberto Nicolini graduated at the University of Bologna before joining the Advocates Board (Ordine degli Avvocati) of Verona in 1992, and later, in 2013, he was admitted to plead before the Court of Cassation and the Higher Courts in Rome. He specialises in commercial law, banking law, private international law and procedure, as well as property law. He represents foreign companies, in particular assisting German and other foreign countries’ undertakings develop their businesses in Italy, and Italian firms in their relations and litigation overseas, working in both German and English. Avvocato Nicolini also provides consultancy on the subject of compliance and Legislative Decree no. 231/2001, as well as acting as a Supervisory Body. He also assists clients with international inheritance and succession issues. He is the Vice President of AEA International, a network of advocates and a member of DVEV – Deutsche Vereinigung für Erbrecht und Vermögensnachfolge eV – the German association for the law of inheritance and estates. Languages: Italian, English and German.

  • Rules for Foreign Investments in Spain

    General Introduction Spain has approved the adaptation text of the EU 2019/452 standard that regulates the review mechanisms of direct foreign investment in Spain that enters into force on September 1, 2023 (RD 571/2023). Spain applies the principle of free establishment and non-discrimination. Foreign investors can carry out any activity with the same conditions as a local investor. The EEC Council Directive number 88/361/CEE, of June 24, 1988, on the free movement of capital between residents of the member states was adopted in Spanish legislation by means of Law number 18/1992, of July 1992, which entered into force on July 4, 1992, and by Royal Decree number 1816/1991 of December 20, 1991 on foreign economic operations. Investors residing outside of an EU member country are restricted from investing in the gaming, television, radio and air transport sectors are restricted to; the same is true of the production and trade of arms. In the latter case, these restrictions also apply to investors from the EU. Rules Related to Foreign Investment Foreign investors are entitled to the freedom to settle in Spain. Regulations relating to the acquisition of participation: The acquisition of the majority interest in a Spanish company by a foreign company is allowed as long as the business is not part of the regulated production sector or arms trade. Obligation to Declare: Portfolio investments from an EU member state are exempt from any type of declaration regardless of their amount. Direct investments may require a prior declaration but in general it is not necessary for investments in companies whose turnover is less than 5 million Euros, except for strategic sectors such as those of special interest to Spain. Certain operators of electronic communications and research activities and use of deposits of strategic raw materials. Foreign Investments Exempted from Prior Authorization 1.The Energy Sector: Regardless of their amount, operations in which the investor does not meet any of the objective circumstances that determine the subjection of the investment to the authorization regime will not be considered essential inputs, regardless of the sector, in accordance with section 3 of article 7 bis of Law 19/2003, provided that the following conditions are met: That the companies or assets acquired do not carry out regulated activities. That, as a result of the operation, the company does not acquire the status of dominant operator in the sectors of generation and supply of electrical energy, production, storage, transport and distribution of fuels or biofuels, production and supply of liquefied petroleum gases or production and supply of natural gas, in accordance with Royal Decree-Law 6/2000, of June 23, on urgent measures to intensify competition in markets for goods and services. When the foreign investment involves the acquisition of electrical energy production assets, provided that the share of installed capacity by resulting technology is less than 5 percent, in accordance with the criteria established by RD 571/2023 itself for the purposes of calculating said quota. When the foreign investment involves the acquisition of companies that carry out the activity of commercializing electricity, provided that the number of clients of the acquired company is less than 20,000. 2. Foreign direct investments in which (i) the turnover of the acquired companies does not exceed 5,000,000 euros in the last accounting year closed, (ii) the acquired companies are not in the following sectors, and (iii) their technologies have not been developed under the protection of programs and projects of particular interest to Spain: Critical and dual-use technologies, key technologies for leadership and industrial training. Fundamental materials. Sectors with access to sensitive information. Social communication media (without prejudice to the specific regulation on audiovisual communication services). Investments in electronic communications operators in which any of the following conditions occur: - That they are holders of concessions for the use of the radioelectric public domain. - That they are holders of enabling titles for the use of orbit-spectrum resources within the scope of Spanish sovereignty or - That they have been qualified as operators with significant weight in a relevant market in the electronic communications sector. Investments related to research activities and exploitation of mineral deposits of strategic raw materials. 3. Investments in Real Assets: properties acquired will not affect any critical infrastructure and are not essential and non-substitutable for the provision of essential services. 4. Calls, transitory investments, that is, those of a short duration (hours or days) in which the investor does not have the capacity to influence the management of the acquired company because they are underwriters and insurers of share issues and public offerings for the sale or subscription of shares (it will be the final investors who, where appropriate, need authorization). The introduction of these exemptions through regulatory development makes the de minimis exemption for investments with a value of less than 1,000,000 euros, in force until now, disappear. About the Author: Zoltan graduated from the University of La Laguna, Spain, with a diploma in law in 1994, during which time he received a scholarship for foreign trade studies from the Government of the Canary Islands and worked from November 1984 to November 1985 at the Spanish Commercial Office in Dakar. Zolta has worked as a commercial representative of the Banco General de Canarias in Mali and has also prepared reports on the Ivory Coast for the Canary Islands Revenue Authority. From 1994-1995 Zolta worked as a lawyer in Tenerife, where he was responsible for labour matters (including participation in corporate litigation) and portfolio management for overseas clients and the administration of the Antigua City Council. Since 1995 Zolta has had an independent legal practice in the south of Tenerife (specialising in foreign investment, commercial and administrative matters). During this period, Zolta headed the Legal Department of a British supermarket chain throughout the Canary Islands, Spain and Portugal from 2006. Working languages: English, Spanish

  • Hiring A Non-European Union Employee in France

    HIRING A NON-EUROPEAN UNION EMPLOYEE IN FRANCE From freedom to work to restrictive measures… The system of freedom to work – which is a fundamental principle in the European Union (EU) – promotes the mobility of European workers by guaranteeing them access to employment and social protection in the various Member States. European regulations and directives have introduced minimum protection thresholds for working conditions, working hours and part-time work. The posting of workers within the EU is governed by European Directive 96/71/EC of 16 December 1996, revised in 2018, which allows any EU company to temporarily send its employees to another Member State. These so-called “posted” workers benefit from the working conditions of the host country, but the social security charges remain those of the country of origin. While nationals of the EU or the European Economic Area (EEA) do not need to obtain a work permit to be hired in France, and can work freely under the same conditions as a French national, this is not the case when an employer decides to hire a foreign employee who is not a national of a European Union country. However, although employers must comply with several mandatory rules, French law offers foreign employees a minimum level of protection. Indeed, social protection in the workplace has become one of the cornerstones of social Europe[1]. A. OBLIGATIONS AND FORMALITIES FOR HIRING A FOREIGN WORKER IN FRANCE 1. Choosing between secondment and expatriation Before a foreign employee arrives in France, the employer will need to consider the impact of carrying out an assignment in France on the contractual relationship between the employee and his foreign-based employer. Employers can choose between secondment and expatriation. 1.1 Secondment or temporary assignment These are situations in which an employer based abroad entrusts his employees with a temporary assignment to be carried out in France. Temporary assignment can take place as part of an international service provision agreement between a foreign company and a French company, intra-group mobility within a French company belonging to the same group as the company of origin, on the employer’s own behalf without a client company or host company in France, or as part of a secondment agreement between a foreign temporary employment agency and a French client company. During the period of secondment, the employee’s employment contract remains in force with his original foreign employer, who will give him instructions and monitor the performance of his duties, and may even penalize him if he fails to comply with instructions. However, even if the foreign employment relationship continues, employers (and principals) must comply with the so-called imperative French provisions that apply to all workers, such as the minimum wage, overtime pay, statutory working hours, legislation on health and safety at work, and so on. 1.2 Expatriation The employee is sent to France on a permanent basis, resulting in the termination or suspension of his original contract. It will therefore be the French company that employs him. The employee will cease to be affiliated to the social security scheme in his country of origin and will be compulsorily affiliated to the French scheme. 2. General obligations before hiring a foreign employee in France Before recruiting a foreign worker, the employer must check whether the applicant has the right to work in France. They must comply with the usual recruitment procedures. If the employee has never been registered in France, the employer will have to apply for registration with the CPAM (or the MSA, in the case of an agricultural employee). The employee will be affiliated exclusively to the French social security scheme and will lose his or her affiliation to the scheme in his or her country of origin. However, the work permit may be restricted to certain professions or geographical areas. If issued in mainland France, it confers rights in mainland France only[2]. 2.1 General procedure for introducing a foreign employee in France Unless the job in question is on the list of “short-staffed jobs”, the employer must publish a job advert on an official job search website for a period of 3 weeks (Pôle emploi[3]). The employer must then submit the work permit application to the Ministry of the Interior’s online platform at least 1 month before taking up the candidate to be hired, together with: The letter explaining the assignment or recruitment of the employee and detailing the duties involved. An up-to-date K.BIS extract from the company. Proof of the links between the company based in France and the company based abroad in the case of intra-group mobility. A copy of the employee’s passport or national identity document. If the employee is already resident in France, a copy of the residence permits authorizing residence in France. The employee’s CV or other proof of qualifications and experience. Where applicable, a copy of the diploma or qualification entitling the holder to work as an employee. Where the activity is subject to specific regulatory conditions, proof that these conditions have been met. Where the employment situation is enforceable, proof of the search carried out to recruit a candidate already on the labour market. The decision on whether to authorize a foreign worker to work is taken by the authorities electronically[4]. If approved, the work permit is sent to the Office Français de l’Immigration et de l’Intégration (OFII). Once the work permit has been issued, the employer can proceed with the usual recruitment formalities. 2.2 Contracts requiring a work permit Whether it’s a fixed-term or open-ended contract, a temporary or seasonal employment contract, foreign nationals can only be hired if they have a work permit. For “young professionals” aged between 18 and 25, coming to improve their linguistic, cultural and professional knowledge with a professional diploma in the field concerned and a sufficient command of the French language, from countries that have signed a bilateral agreement with France, the application must be sent to the OFII or to the French consulate for Canada. However, in the case of contracts that promote employment, such as apprenticeship contracts, employment skills pathways or professionalization, authorization is not given to foreign nationals. 2.3 Certain employees are exempt from work permit requirements Foreign employees who are nationals of non-EU countries and who are coming to France for a period of 3 months or less in order to work in one of the following fields are exempt from the work permit requirement: – sporting, cultural, artistic and scientific events; – conferences, seminars and trade fairs; – cinematographic, audiovisual, entertainment and phonographic production and distribution; – modelling services and artistic posing; – personal services and domestic staff during their private employers’ stay in France; – audit and expertise assignments in IT, management, finance, insurance, architecture and engineering, as part of a service provision contract or intra-group mobility; – occasional teaching by visiting professors. 2.4 Tax payable by the employer to the tax authorities in respect of the employment of a foreign employee When an employer hires a foreign employee and is granted authorization to work, he must pay a tax (article L436-10 of the Code de l’Entrée et du Séjour des Étrangers et du Droit d’Asile[5]), which is payable only once when the residence permit for the employee or seconded worker is first issued. The amount of the tax depends on the length of the employment contract, the amount of remuneration and the type of employment contract of the foreign worker or seconded employee. – If the employment contract is for more than 3 months and less than 12 months, the amount of tax varies according to the gross monthly salary paid: Gross monthly salary less than or equal to €1,747.20 (minimum wage in France): the tax is €74, Gross monthly salary between €1,747.20 and €2,620.80: the tax is €210, Gross monthly salary over €2,620.80: the tax is €300. – If the employment contract is for 12 months or more, the amount of the tax varies according to the gross monthly salary paid: Gross monthly salary of less than €4,368.00: the tax is 55% of the gross monthly salary, Gross monthly salary of €4,368.00 or more: the tax is 2,40 €. – If the employee is taken on under a seasonal employment contract, the amount of the tax is €50 per full or incomplete month of employment. The tax is due for each recruitment. – If the employee was recruited under a bilateral agreement for the exchange of young professionals, the amount of tax is €72, regardless of the length of the employment contract or the amount of the salary. – If the employee is hired on a temporary basis as a language assistant, there is no tax to pay, regardless of the length of the employment contract or the amount of the salary. The tax must be declared and paid annually, in arrears, to the Direction Générale des Finances Publiques (DGFiP)[6]. The tax is due on new hires made each year. The tax return and payment must be made at the same time as the VAT return for the following year. In the event of cessation of activity, the employer is obliged to declare and pay the tax immediately, without waiting for the following year. B. PROHIBITIONS AND PENALTIES 1. Prohibition on taking on an employee without a work permit All employers are prohibited from taking on a foreign worker without a work permit. This is the offence of illegal employment (article L8251-1 of the French Labour Code). The employer may be subject to administrative sanctions, recovery of social security contributions that should have been paid and criminal penalties. Employers who hire foreign nationals without a residence permit are liable to 5 years’ imprisonment and a €15,000 fine (article L8256-2 of the French Labour Code). 2. Failure to register the employee with social security : In addition to the Déclaration Préalable à l’Embauche (DPAE)[7], employers must apply for registration online via the French Health Insurance website (Caisse Primaire d’Assurance Maladie – CPAM). Failure to comply with this formality may result in criminal penalties. That is: Engaging in fraudulent activities or making false declarations in order to obtain or attempt to obtain a residence permit is punishable by a fine of €3,000 and up to one year’s imprisonment; Intentionally employing or maintaining an undocumented foreign national in a company is punishable by a fine of €15,000 per foreign national concerned and up to 5 years’ imprisonment; Employing or intentionally maintaining an undocumented foreign national in a company as part of an organized gang is punishable by a fine of €100,000 for each foreign national concerned, as well as 10 years’ imprisonment; Deliberately calling upon, directly or indirectly, the services of an employer of a foreigner not authorized to work is punishable by a fine of €15,000 per foreigner concerned, as well as 5 years’ imprisonment. It is also possible to impose additional penalties such as confiscation of assets, a ban on entering the country, a ban on carrying out an activity, additional contributions, etc. Conclusion In view of the severe penalties to which an employer who hires a foreign worker without a work permit is exposed, it is preferable to comply with the procedures for obtaining permits and to respect the obligations arising from them. In order to help companies recruit in sectors where it is difficult to find workers, the forthcoming immigration law currently in preparation provides for the creation of a residence permit dedicated to jobs in short supply. The aim of this reform is to enable undocumented immigrants currently in France to obtain this visa, if they work in fields where the supply of jobs exceeds the demand for applicants. While it is true that the regulations governing the recruitment of foreign employees are restrictive, the quid pro quo is employees protection, to guarantee their rights and well-being. As a result, foreign workers in France will benefit from the principle of equal treatment, under which foreign employees are treated in the same way as French employees as regards working conditions, social benefits and fundamental rights, as well as the principle of non-discrimination[8]. They will benefit from a written employment contract specifying the conditions of employment, their remuneration, working hours, vacations, etc. They will also be entitled to social benefits such as social security, social insurance, and will have the right to join trade unions and take part in trade union activities to defend their interests. Finally, the French Labour Inspectorate[9] ensures that employees’ rights are respected, including those of foreign workers, by carrying out inspections and intervening in cases of non-compliance with labour regulations. It is clear that the obligations with which companies employing foreigners in France must comply can only be an asset for employees, and an incentive for them to work in France. About the Author : Me Yadhira STOYANOVITCH is a Doctor of Laws. She holds a DEA in Special Private International Law (International Business and Contracts). She is a graduate of Higher Studies in European and Community Law (European Institute of Advanced International Studies). After nearly 10 years of professional experience as a Researcher on the Legal Protection of Biotechnology (Ministry of Research and Higher Education) and a corporate lawyer (Head of the Legal and General Affairs Department of ADEME), she created her firm in 1992 and joined the Paris Bar. She is specialized in Business Law and International Contracts, Construction and Real Estate Law, International Family Law, Environmental Law (treatment and disposal of industrial waste) and Energy (energy production, new and renewable energies, self-production and cogeneration). She is in charge of training at ESTP (Special School of Public Works and Building) and INSTN (National Institute of Nuclear Sciences and Techniques). She is also an Agent in Real Estate Transactions. She is bilingual French-Spanish and fluent in English and Italian. Me Yadhira STOYANOVITCH is President of ALTER EGO MEDIATION, ARTHESIS FORMATION, and ITINERANTS SANS FRONTIERE. She is a member of the Office of the Club Business BTP IMMO of Nice. [1] In September 2022, MEPs adopted the EU’s first legislation for an adequate minimum wage. [2] Nota Bene: In France, Metropolitan France is the central territory, as opposed to its colonies and overseas territories. Metropolitan France is called “metropole” in relation to the French overseas territories. Overseas refers to a geographical area beyond an ocean or sea. The overseas territories are those that France owns outside Europe. [3] Pôle emploi is a French’s public employment service. Its role is, on the one hand, to compensate jobseekers and help them return to work; and, on the other, to guide companies in their recruitment efforts. [4] The French authorities can refuse a work permit if they consider that the level of unemployment is too high. [5] French Code on the Entry and Stay of Foreigners and the Right of Asylum [6] French Public Finance Department [7] Pre-Employment Declaration [8] Discrimination against foreign employees is illegal in France, and measures are in place to combat all forms of discrimination in the workplace. [9] In France, the Labour Inspectorate ensures that employers comply with the provisions of the Labour Code and collective agreements, particularly as regards employment contracts, working hours, undeclared or illegal work, etc.

  • Hiring Expats in Italy

    The Testo Unico delle Imposte sui Redditi (Income Tax Consolidation Act) considers as resident in Italy those persons who for the greater part of the tax period (184 days) are registered at the civil registry office or have their domicile or residence in Italy. Regulations have been passed to encourage the return of ‘brains’ to Italy or the transfer of highly qualified and specialised people to Italy. Concerning the return to Italy of teachers and researchers, in particular, it is foreseen that 90% of the work income, whether employed or self-employed, is not taxable for income tax purposes. In order to benefit from this facilitation, the following requirements must be met: university qualification, non-occasional residence abroad, having carried out documented research or teaching activities for at least two years at public or private research centres or universities, returning to Italy to carry out teaching or research activities, transferring tax residence to Italy. This facilitation applies for five years but can be extended to eight years if one buys, after the transfer, a house in Italy or if one has a child up to the age of 13 or if one has three dependent underage children. Similarly, for workers who transfer their residence and work activity to Italy after having been abroad for at least two years, their employed or self-employed income is 70% exempt from income tax. In this case, the requirements are reduced, i.e. having a university degree and having worked as an employee, self-employed or businessperson outside Italy for the last two years. This benefit is also valid for five years, extending to ten with tax exemption, reduced, however, to 50% if one has a dependent minor child or if one buys a house in Italy in the following twelve months. About the Author: Avvocato Roberto Nicolini graduated at the University of Bologna before joining the Advocates Board (Ordine degli Avvocati) of Verona in 1992, and later, in 2013, he was admitted to plead before the Court of Cassation and the Higher Courts in Rome. He specialises in commercial law, banking law, private international law and procedure, as well as property law. He represents foreign companies, in particular assisting German and other foreign countries’ undertakings develop their businesses in Italy, and Italian firms in their relations and litigation overseas, working in both German and English. Avvocato Nicolini also provides consultancy on the subject of compliance and Legislative Decree no. 231/2001, as well as acting as a Supervisory Body. He also assists clients with international inheritance and succession issues. He is the Vice President of AEA International, a network of advocates and a member of DVEV – Deutsche Vereinigung für Erbrecht und Vermögensnachfolge eV – the German association for the law of inheritance and estates. Languages: Italian, English and German.

  • VNC Luncheon Highlights China-Netherlands Legal Cooperation

    On September 27th, the Vereniging Nederland – China (hereinafter refers to as VNC) hosted a luncheon in The Hague, the Netherlands, where they extended a special invitation to a delegation from National People's Congress Standing Committee's Legislative Affairs Commission of People’s Republic of China. The primary purpose of this visit by the delegation was to study legislative aspects of civil enforcement procedures in the Netherlands and the European Union, given China's preparations for new legislation aimed at improving judgment enforcement. Mr. Yufang Guo, representing the Jomec Group, attended the event and delivered a keynote speech. At the outset of the event, Ms. Monique Knapen, Chairwoman of VNC, provided an overview of the friendly exchanges between China and the Netherlands since the 1970s. Subsequently, Mr. Yufang Guo introduced the Jomec Group, with a particular emphasis on the work of Jomec's China-European Corporate Legal Consulting Firm. He highlighted Jomec's active engagement in legal exchanges and cooperation between China and the Netherlands in various dimensions over the past two decades, providing support and assistance to numerous enterprises, especially those from China, in initiating and expanding their overseas businesses. The delegation from the National People's Congress Standing Committee's Legislative Affairs Commission also briefed the participants on the latest developments in China's legal system construction. Both parties engaged in spirited discussions on international exchanges and cooperation, underscoring the vital role of The Hague as an international legal hub in facilitating legal exchanges and cooperation between China and the Netherlands. They also discussed collaborative initiatives, including the establishment of a Sino-European Rule of Law Exchange Program, and exchanged views. Through this exchange, Jomec gained a deeper understanding of the importance and urgency of legal exchanges and cooperation between China and the Netherlands, and expressed its anticipation for further deepening cooperation between China and the Netherlands in related fields in the future.

  • Everything You Need to Know about UBO

    In the Netherlands, you are obliged to register your UBO with the Dutch Chamber of Commerce (KVK) Many companies have recently been informed to update the information about UBOs. Companies and legal entities must register 1 or more UBOs. UBOs (Ultimate Beneficial Owners) are the owners or persons in charge of a company. The UBO register helps to prevent financial and economic crimes such as money laundering, financing terrorism, tax fraud, and corruption. The register makes it clear to whom money is sent. This way, people cannot hide any potential financial crimes behind a corporation. Scope of UBO A UBO is the owner or the person who is effectively in control of an organization: the company’s ultimate beneficial owner. For instance: Persons who won more than 25% of shares of a company or legal entity, or Persons who have more than 25% of voting rights of a company or legal entity, or Persons who are the statutory directors of a company or legal entity, or Persons who are effectively in control of a company or legal entity. Registering your UBO A UBO registration must be maintained in each EU member state. In the Netherlands, you can register your UBO with the Dutch Chamber of Commerce (KVK). A minimum of 1 UBO must be included in the UBO register by organizations that are required to register. Only an authorized signatory of your organization can register. Starting organizations that need to register UBOs do so when they register at the Chamber of Commerce or with the civil-law notary. Trusts and similar legal structures must also be registered. If a foreigner has an interest as described in your company in the Netherlands, you must register this person in the UBO register. It makes no difference if this person lives in the Netherlands or abroad, nor does their nationality. You can change your UBO data as well. For instance, when the shares of your UBOs change or when certain persons are no longer your company’s UBO. You have to change the data in the UBO register and deregister your UBOs within 7 days of any changes. How to identify a UBO Executive directors (and/or senior officials), large shareholders (owners of at least three percent of an organization's stocks), and de facto third-party shareholders are the three types of beneficial ownership. When a corporation has direct shareholders and is publicly traded, determining UBO is rather simple. It becomes more difficult, though, when ownership is masked by several indirect ownership tiers. In this regard, it would be easier if we divided the ownership into direct and indirect. Here are some examples of UBOs. UBOs in the situation of simple ownership In this situation, E is the direct owner of Company A with 35% shares. C and D are indirect owners of Company A with 32.5% shares respectively. Thus, C, D, E are all the UBOs of company A. UBOs in situations of different levels of ownership In this situation, none of directors in Company B holds shares more than 20%. So the UBOs are the Board of Directors in Company A because they are effectively in control of the company. How to register Organizations founded on or before 27 September 2020 had to register their UBOs before 27 March 2022. Your UBO registration helps to make doing business in the Netherlands and Europe safer. The details of the UBOs in the UBO register are not public. You can register either to send a post to KVK or digitally. Steps should be followed if you submit it via KVK website: Step 1: Select your organization and log in using your DigiD Step 2: Enter the UBO’s personal details Step 3: Indicate what stake the UBO has in your organization Step 4: More than 1 UBO? Repeat steps 2 and 3 Step 5: Upload the required documents Step 6: Enter your details and sign the report If you have any questions or need any help about UBO in KVK please contact us.

  • Chengdu-Dutch Village Project Matching Meeting in Leiden

    On 25th Jan 2018, Jomec group and Baifang Agriculture jointly held the Chengdu Dutch Village Match-making Meeting in Holiday Inn Leiden. During the meeting, the participating companies from China and the Netherlands have reached initial agreement on the cooperation. China Dutch the B&R development center is the co-organizer of this event. Besides the organizer Jomec and Baifang Agriculture; co-organizer China Dutch the B&R development center, many Dutch agriculture technologies companies (e.g. Rijk Zwaan, Delphy, Urban Farmers, Floating Farm, Niek Roozen design), research institutions (Wageningen UR), official organizations (Chinese embassy, Dutch Innovation Quarter etc.) also attend the meeting. Parties had in-depth discussion on the action paths and other project details. Chengdu Dutch Agriculture Village project is devoted to the introduction of agriculture technologies. Under the context of “the belt and road” initiative, the project operator and local government mainly focus on the European leading agriculture country, the Netherlands; and wish to land Dutch agriculture project in Chengdu and establish a world-class agriculture technology and agro-product demonstration center, agriculture technological research center and trading center in Chengdu via the favorable policies and government support. The project operator hopes to cooperator with Dutch partners in the following five domains: Agriculture technologies: introduce advanced horticulture design, greenhouse technologies, seeding technologies, agriculture machine technologies to the project; Introduce the agriculture research center and technology incubators; cooperate with Wageningen University in terms of agriculture R&D; Introduce Dutch agriculture cooperative and agro-food auction system; establish Dutch-Sino agriculture industrial association to facilitate the cooperation; In-depth cooperation in green agriculture and agriculture tourism etc; Cooperation in agriculture financing and investment; After this meeting, parties have reached initial agreement on cooperation. The project will be financially supported by Chinese parties and technologically backed by Dutch parties. The project will achieve substantial fruits in the second half of 2018.

  • Jomec Hosts Hebei Province's Trade And Investment Delegation Visit to the Netherlands

    Jomec Investment M&A Group, as the commercial agent of Hebei Commerce Department in the Netherlands, welcomed a five-member Hebei Provincial Economic and Trade Investment Promotion Team to visit Netherlands, and successfully held a series of business inspections and project matching activities in early September 2019. The delegation team consists of Qian Jiang, director of the Hebei Provincial Department of Commerce; Zhang Yingjie, director of Zhangjiakou Commerce Bureau; Chen Zhihong, deputy director of Cangzhou Commerce Bureau; Chu Lugong, the Deputy Director of Xingtai City Commerce; and Li Xiaobing from the Provincial Department of Commerce and Promotion. First of all, Jomec Group and Hebei Provincial Economic and Trade Investment Promotion Delegation discussed the recent business activities, and invited the participating Jomec Group’s partners Clifton Investment Bank of the Netherlands and Lawslinked International Law Firm to explore business opportunities between Hebei and the Netherlands. The former two-way investment M&A and specific projects were thoroughly exchanged and discussed. The parties focused on the introduction of aviation economic industries, China-Europe trains, high-tech agriculture, environmental protection industries, etc. to Hebei. The in-depth discussions on the specific issues reached a series of consensus. These projects are closely organized by Jomec Group with the Provincial Department of Commerce and the three city bureaus of commerce to follow up. After the meeting, Jomec and the Hebei-China Business Company accompanied the Hebei Provincial Economic and Trade Investment Promotion Delegation to visit the Economic and Commercial Office of the Chinese Embassy in the Netherlands. Counselor Zhang Guosheng welcomed the delegation. The Hebei delegation communicated with the Commerce Office on the project of constructing a Sino-Europe train station in Venlo. The embassy expressed its willingness to help Hebei to develop the project and to promote the close cooperation between Dutch and Hebei enterprises. Jomec Group also accompanied the Hebei Provincial Economic and Trade Investment Promotion Delegation to visit the friendly province of Hebei Province, South Holland. Several institutions and companies including the Dutch Innovation Centre, Drake Logistics & Transport Group, and human resources management and law firms attended the meeting. Jomec Group assisted the delegation in fruitful business docking exchanges with the province of South Holland and participating enterprises. In addition, the Hebei Provincial Economic and Trade Investment Promotion Delegation accompanied by Jomec Group inspected the product exhibition center of Europe’s largest sustainable building materials technology. They reached an agreement with the center to set up a division center in Hebei and  realized the initial intention of mutual benefit and win-win situation on the combination with the technology of the center’s high-tech enterprises and Hebei’s strong production capacity. At the same time, the delegation and the leading high-tech company of graphite series heating systems in the Netherlands, Kabernik, had an in-depth information exchange. The two sides believed that Zhangjiakou was the best entry point for the company and its products to land in China. In the end, Jomec Group arranged a visit to Rotterdam which has the largest port in Europe. This is one of the largest petrochemical clusters in Europe and one of the largest value-added logistics bonded areas in the world. The Port of Rotterdam can become an overseas warehouse for Hebei’s trade with Europe and an overseas processing and assembly base for exporting to Europe. It is an excellent candidate for the establishment of the Belt and Road European Business Post in Hebei Province. At this point, Jomec Group successfully concluded the reception of the Hebei Economic and Trade Investment Promotion Delegation and started the journey to a new stage of cooperation between all parties.

  • Jomec 2023 China-Europe Corporate Law Conference Approaching Soon!

    We are excited to announce that Jomec is holding the “2023 China-Europe Corporate Law Conference” on November 3 (Fri), 2023 in Amsterdam! In the conference, lawyers from various countries will give speeches on topics related to corporate laws in the EU and the Greater China area. In total, we have at least six speakers from different jurisdictions: the Netherlands (mr. Glenn Haulussy), China (mr. Yufang Guo), Germany (mr. Roman Jüngling), Spain (mrs. Lourdes Guivernau Aguadé), Italy (mr. Roberto Nicolini), and France (mrs. Yadhira STOYANOVITCH). It is a master class of laws of different countries and you will have a chance to get in touch with our partners from different countries and discuss corporate legal issues relating to any particular country. You can find the agenda in the second page of the attached poster (please note: the agenda may be amended from time to time and the amendment is subject to our sole discretion). Here are some practical information: -Date: November 3 (Fri), 2023 -Time: 9:00 a.m. to 17:00 p.m. (you can also just participate for a half day) -Location: Kanteen25 (Kattenburgerstraat 5, Building 025, 1018 JA Amsterdam) -Registration: https://lnkd.in/eCEqvUWv -Language: English -Deadline of registration: October 15, 2023 (there are only limited spots and the registration will close when it is full, so please register soon to secure yourself a spot!) Are you interested? Register now! If you have any question, please contact yiting@jomec.nl, or +31 (0) 10-2250660. We look forward to seeing you on November 3rd 😊

  • Jomec 2.0: Pioneering China-Europe Corporate Legal Consulting

    Establishment of Jomec China-Europe Corporate Legal Consulting Firm which functions as a platform where partner lawyers located in different countries work together providing one-stop-shop service to our clients As China’s Zero-covid policy ended in the last month of 2022, China reopened its border and announced a series of appealing foreign investment policies to attract Western investors to enter and stay in the Chinese market. Also, major economies realized that decoupling with the Chinese market is impossible. In reality, the Chinese market is still one of the most stable markets in the world, and many European companies believe a new boost would come and choose to enter the Chinese market as a start or expand of their business, with various means such as establishing holding company, share and asset investment, cross-border trade and production, their business even covers the whole industrial chain. However, challenges are inevitable in the way of doing business in China. Every investor, especially a new entrant, should pay much attention to the complicated and flexible regulations and rules at both the central and local levels regarding compliance, tax, employee, banking, and other unwritten fields. Together with the huge differences in language, culture, and traditions, doing business in China requires strong and professional services. Jomec Group was established in the Netherlands in 2003 and we have been specializing in the provision of legal, financial, and investment banking services mainly for cross-border investment between China and European countries, especially the Netherlands. in the new era of post-pandemic, Jomec maximizes our strength by consolidating and strengthening legal services across all European countries. Therefore, based on the past 20 years of cooperation with our European colleagues, Jomec sets up the Jomec China-Europe Corporate Legal Consulting Firm, which functions as a platform where partner lawyers located in different countries work closely together. Jomec (Dutch office) handles any business inquires from the EU or the Greater China area, aiming to provide both European and Chinese clients with a full range of business law and corporate law services covering all European countries and the Greater China area. Partners in the firm are lawyers specializing in business law and corporate law in the Greater China area and various European countries. The firm is currently expanding with lawyers from China Mainland, Taiwan, the Netherlands, France, Germany, Spain, Italy, and Poland. With this firm, clients from any European country can conduct business in the Greater China area in compliance with local laws, and vice versa. The establishment of the Jomec China-Europe Corporate Legal Consulting Firm makes it easier for our clients to contact lawyers in different European countries and the Greater China area whenever clients plan to expand their business. They no longer need to struggle with finding a trustworthy legal service provider. As the general assembly line for business law in various European countries and China, Jomec provides clients with one-stop all-around legal services. Please subscribe to our Newsletter at bottom of this page if you are interested in more information about Jomec.

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