China’s fast-growing economy and dynamic regulatory environment often pose a challenge for corporations wishing to capture growth potential while at the same time complying with legal and ethical standards. Multinational corporations by nature are subject to the laws of multiple jurisdictions, and the integration of global corporate policies with the local regulatory framework, as well as with local business culture and practices, is an ongoing 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 PRC operations function successfully within the context of a global business. The firm’s compliance practice includes advice on the following matters:
Corporate governance – We help ensure that corporate governance structures meet legal requirements and minimize unwarranted risk exposure for the corporation as well as for individual officers and directors. We advise on the powers and duties of shareholders, shareholder meetings, board directors and boards. We help clients design corporate checks and balances, corporate oversight, proper exercise and delegation of authority, licensing and registration, record retention, and officer and director liabilities.
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 is implementing an increasingly complex and comprehensive framework for regulating the operations of financial institutions, with detailed rules addressing matters such as solvency, corporate governance disclosures, money laundering, data protection, distributions affiliated transactions, document retention, internal staffing and training, and internal auditing. JT&N works with clients to design comprehensive compliance programs and support our clients with ongoing monitoring of relevant regulatory situations.
Code of conduct and ethics – we advise clients on 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, commercial bribery, and international laws regulating cooperation with government agencies and officials, such as the US Foreign Corrupt Practices Act (FCPA).
Information security – we advise clients on the management of confidential information dissemination within an organization, disclosure to third parties, protection of confidential information and trade secrets, and remedies for breach.
IP Protection – JT&N has one of the strongest intellectual property protection practices in China. Assisting clients in identifying IP risks, designing and implementing IP protection mechanisms, seeking remedies against infringements and shielding clients from potential IP disputes are increasingly important aspects of our corporate compliance practice.
Competition – we advise clients on compliance with PRC competition laws, including the Anti-Monopoly Law and Unfair Competition Law, in the context of business transactions and corporate conduct such as agreements on technology and intellectual property, sales, distribution, supply, and, and marketing and promotion.
Employment and labor regulations – we advise clients on the legal aspects of managing employees in compliance with the PRC’s extensive regulations governing employer-employee relationships 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 targeted 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 legal compliance audits to assess whether policies are followed and make recommendations on how 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.