A common phenomenon in business transactions is that there is no signed contract between the parties to the transaction and a large amount of business is conducted directly through purchase orders (by mail, electronically). In practice, the parties to a transaction usually refer to "their own" standard terms and conditions (hereinafter referred to as "GTC") in the order. For example: in the sale of goods, the seller mentions its standard delivery terms in his supply order, while the buyer mentions its standard purchase terms in its purchase order. Often, these two clauses are contradictory in some key areas, for example, when it comes to warranty rights or limitation of liability. Once a dispute arises after the transaction, both parties will insist on defending their claims under their own GTCs. So in this case, whose GTC will be applied under Chinese law? And what specific provisions will be applied? This article attempts to give some hints on the legal risks of applying the respective GTC to both parties of the transaction under Chinese law, in the hope that it will help multinational companies to manage their risks in their daily transactions.

Asset acquisition refers to the selective acquisition of all or parts of the assets of a company by payment in cash, in-kind, securities, labor services or debt forgiveness. Asset acquisition is widely used in mergers and acquisitions, and compared with equity acquisition, asset acquisition allows the acquirer to avoid the potential tax, litigation and other risks of the acquired company. But at the same time, asset acquisitions require more effort and time. In particular, it is necessary to consider how to achieve a smooth transfer in terms of business contracts, employee placement, license qualifications, etc. At present, the licenses involved in the asset acquisition process of manufacturing companies mainly include environmental impact statement, energy conservation reports, pollution discharge permit, etc. This article will summarize the relevant license transfer procedures.

A foreign-related representative office usually refers to the permanent representative office of a foreign (regional) enterprise, that is, an office established by a foreign enterprise in Chinese mainland to engage in non-profit activities related to the business of the foreign enterprise (hereinafter referred to as "Representative Office"). Setting up a Representative Office provides an opportunity for foreign companies to gain an in-depth understanding of the Chinese market at a lower cost. On this basis, some foreign enterprises choose to invest in setting up subsidiaries after recognizing the potential of the Chinese market to further cultivate the Chinese market; However, some foreign companies have decided to suspend their development of the Chinese market due to factors such as the epidemic. Whatever the purpose, in recent years, many foreign enterprises have chosen to close and deregister their Representative Offices, which inevitably involves the severance of Representative Office employees in the process. This article intends to examine the special employment mode of Representative Offices to provide readers with guidance on common problems encountered in the process of employee severance.