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Corporate Compliance
China is known for its fast-growing economy and dynamic regulatory environment, factors which often pose a challenge for corporations wishing to capture growth potential while at the same time maintaining compliance with legal and ethical standards. Multinational corporations by nature are subject to the laws of multiple jurisdictions, and the integration of global policies with the local regulatory framework as well as with local business culture and practices is an on-going priority for JT&N’s international clients.
JT&N’s corporate compliance attorneys have substantial experience advising and assisting corporations in many industries on compliance matters directed at controlling risks, protecting reputation and advancing corporate character to ensure successful PRC operations functioning within the context of a global business, as well as to sustain long term prosperity. The firm's compliance practice includes advice on the following matters:
Corporate governance – we help ensure that corporate operations meet legal requirements and minimize unwarranted risk exposure to the corporation as well as to individual officers and directors. We advise on corporate oversight, proper delegation and exercise of authority, licensing and registration, board meetings, document retention, and officer and director responsibilities.
Regulatory compliance by financial institutions – JT&N has a preeminent practice advising clients on compliance with PRC regulations governing financial institutions, and we advise some of the world’s largest financial institutions on their compliance programs in the PRC. Our clients include banks, insurance companies, QFIIs and investment firms. The PRC has an increasingly complex and comprehensive framework for regulating the operations of financial institutions, with rules addressing matters such as money laundering, data protection, reinsurance operations, brokerage operations, affiliated transactions, document retention, internal staffing and training, and internal auditing. JT&N works with clients to devise a comprehensive compliance program as well as to closely advise on the specific details of all aspects of such program, and we support our clients with on-going monitoring of the regulatory framework relevant to such client.
Code of conduct and ethics – we advise clients on the standards of and means for ensuring managerial and employee awareness of and adherence to the corporate code of conduct and ethics, with a focus on proper disclosure and conflicts of interest, fraud detection and prevention, gifts, entertainment and commercial bribery, and international laws regulating cooperation with government agencies and officials, such as the US Foreign Corrupt Practice Act (FCPA).
Information security – we advise clients on the management of confidential information dissemination within an organization, disclosure to other parties, protection of confidential information and trade secrets, and enforcement against breaches.
Competition – we advise clients on compliance with PRC competition laws, including the Anti-Monopoly Law and Anti-Unfair Competition Law, in the context of business transactions and corporate conduct such as agreements on technology and intellectual property, sales, distribution, supply and other business agreements, and marketing and promotion to ensure.
Employment and labor regulations – we advise clients on the legal aspects of managing employment in compliance with the PRC’s extensive regulations governing the employer-employee relationship as to hiring, benefits, promotion, demotion, termination, privacy, non-competition and labor unions.
In addition to counseling clients on specific compliance matters, we advise clients on each aspect of the full compliance cycle:
Adapting and developing policies – we advise clients on adapting worldwide policies to local needs and assist in the development of specific local policies addressing all aspects of corporate compliance such as governance, ethics, information security, and employee management.
Training and counseling – we provide training tailored for managers and employees in various compliance areas.
Auditing and investigations – we carry out compliance audits to review whether policies are followed and make recommendations to allow corporations to effectively meet compliance requirements. We also advise clients on the investigation of alleged compliance violations.
Disciplinary and legal actions – we assist clients in making decisions with regard to disciplinary actions for non-compliance and assessing risks and liabilities. When warranted, we help clients pursue legal action, civil or criminal, for the recovery of damages.
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Related Practices:
Antitrust
Banking and Financial Institutions
Bankruptcy and Restructuring
Foreign Direct Investment
Insurance
Intellectual Property
Capital Markets and Corporate Finance
Asset Management
International Trade and WTO
Labor Law and Employee Benefits
Litigation and Arbitration
Mergers and Acquisitions
Real Estate
Project Finance and Infrastructure
Tax
Private Equity
Entertainment