Moderator: We thank you very much to participate in our activities in the busy. Experts and lawyers association of Pudong this year our youth committee will invite outside the industry, including such as MS Wang Ying's in-house executive, to give you some inspiration and discussion. This study does not focus on the legal skill itself, but to help us in developing the industry of professional skills, practice philosophy and ideas, to develop, to explore.
    First, I briefly introduce the background of Ms. Wang Ying. Ms. Wang Ying was in a Shanghai law firm, had participated in the legal training work of the country, in USA through law postdoctoral work in multi Multi-National Corporation. Now is the vice president for legal and human resources department at WATTS water industry group, responsible for the Greater China and Asia, including Japan, Singapore and legal affairs in Hongkong area. Next we welcome king always wonderful lectures!

    Wang Ying: host overpraise, I had the opportunity to share my experience in some in-house work today. I believe all of you are of legal experts, specialize in, you in their respective fields than our in-house more proficient. As a corporate legal workers, namely in-house counsel, in view of some problems encountered in our daily work, I hope to discuss with everyone, also hope to give us some inspiration, also welcome everybody to ask questions, share see from your angle problem with me, I hope all of you help.

    The Multi-National Corporation is usually architecture at headquarters, whether America, Europe and other countries, has a Ministry of justice. The legal department director general called legal director, or legal responsible person. The Ministry of justice he administrative regions or countries. I just said Asia including the Ministry of justice, the Ministry of justice European countries, areas are directly to the Ministry of justice America report. To vary from company to company report, but the forensic work requires a certain degree of independence, generally speaking is a regional and national legal responsible for personnel directly to the company's legal department. This is a "line". Area of the Ministry of justice "curve" superior is the local president or CEO. Maybe he "line" to the local CEO report and "curve" to the headquarters of the Ministry of justice. Each company is different, the Ministry of justice and some companies even report to financial controller.

    The scope of legal department daily work basically covers the company to handle the labor dispute, the protection of intellectual property, business negotiation and contract, acquisitions, mergers and restructuring. There is related to the company's property, mainly for land, housing conditions. There is some of the company's product liability issues. If the service industry and other related industries, before I also in the insurance company is also done for several years, the legal problem of the insurance company involved is quite different. There is a so-called compliance, compliance is the compliance, I think more and more people will meet, may also have a lot of people contact with, it is the translation of compliance. With the compliance department and legal department company are separated, it is compliance special person in charge to do compliance. If it is not separated, the Ministry of justice will basically cover compliance. Of course, there are some slightly small, it is not compliance of this concept. But more or less lawyers are there to help the company deal with the relevant laws and regulations, we can discuss rules is the main work of lawyers.

    Here I will say some hot issues. The first is the FCPA. This is a very popular USA law, when I just contact did not understand why a America law in Chinese to attract so much attention. Since many Fortune 500 companies are Usa Inc, their overseas (including China) business, they must comply with the FCPA. Covers the law is very wide, but the regulations in the American home but not so important. As long as the Usa Inc doing business in overseas must apply. I want to give you such a concept, heard the concept also won't feel strange when dealing with the Usa Inc in the future.
    Next is the protection of intellectual property rights. We know USA government, some international organizations have been asked Chinese improve the enforcement of intellectual property rights. Intellectual property is a serious problem, not only because of the Multi-National Corporation has a lot of brands, there are many patents etc.. In Chinese get the protection of intellectual property is becoming more and more important. We found that, as a production enterprise, has been violated in the Chinese intellectual property rights situation is quite serious. Especially some famous brand, there will always be some small workshops, small companies, regardless of where they can always see the figure. Their products are always in some you not to look at the market. I also received a message from our sales department, the sales of our products on the market if there is fifty million, then the fake commodities can reach one hundred and fifty million. We have no way of one by one to verify, but the situation is still the tip of the iceberg.
    The third task is anti monopoly. Especially in the acquisition and merger, I believe all of you should be more professional than I, I would not have introduced.
    The fourth is the handling of labor disputes and labor problems. Since the January 1, 2008 Legislative announced, this problem of getting into hot, everyone on the labor law understanding degree is more and more deep, related data and staff will go to turn the labor law. So when dealing with labor disputes, often encounter many obscure legal issues. In fact, the labor law and related regulations exist in the process of formulating some problems, there are some problems did not explain very clearly, so will we spend a lot of time on it.
    There is the export, customs, taxation and other such issues, is also relatively common. Changes in tax laws is the myriads of changes, a recent example, we have a project in Tianjin involves the transfer of equity. Because our shareholder is a Usa Inc, the other side is a Hongkong enterprises, the transfer is the transfer between Foreign capital company and Foreign capital company. As long as the Economic Commission approval later can change of business registration. But in February this year, the Commission issued a regulation, good number after tax bureau audit, will do the business registration. To say that we have been able to complete the transfer of a few months ago, to now also dragging. This is because the tax laws of the myriads of changes, although both of us are not affiliated enterprises, but the tax authorities on transfer pricing audit, including land value evaluation and so on, is also very concerned about the. It should be said that the state of the foreign tax this piece is relatively tight.

    I generally introduce the compliance. The compliance of this concept will soon win support among the people, now very lack of such talent, many lawyers in dealing with the Multi-National Corporation, the Foreign Company will also mention the concept of compliance. I generally introduce the content and scope. Compliance is to assist the company to establish policies, procedures and rules and regulations, and ensure that the relevant laws and regulations. After it decided to policy advocacy and training, in order to increase the awareness of policy. It should be the policy review, discover and correct the problem, and to prevent recurrence of the problem. The compliance department in the company's mergers and acquisitions, participate in the integration after the acquisition due diligence and good. Then there are the investment channels, employee complaints any problems, or have any complaints, this time the compliance department will carry out investigation. This sounds a bit like the company's police, in fact also is such a similar situation. So the compliance work is also very important, a very serious. We often found that the compliance and legal departments do not separate from, the Ministry of justice to do compliance work would have to spend a lot of time on it. This is a very important work.

    I'm here to tell you about FCPA, is what we just said the "America FCPA", he is mainly applicable to Usa Inc and Usa Inc employees and agents, then regardless of nationality, including Usa Inc staff we said. Or is America citizens, citizens and institutions for foreign enterprise employee or agent American manager, including foreign institutions USA parent, regardless of their behavior in American or other places; in some cases, foreign enterprises of non American employees and agents, including foreign institutions America parent, regardless of their behavior occurred in the America or elsewhere; in some cases, foreign enterprises of non American employees and agents, including foreign institutions USA parent company. A scope of this looks very complicated, in short, all of the Usa Inc and the Americans, must be subject to the FCPA. We Chinese sometimes, such as when a Usa Inc management personnel, may be subject to the jurisdiction of FCPA.
    It is mainly composed of two parts, the first clause is anti bribery provisions, second is the account books and vouchers clause. The first anti-bribery, it is forbidden to officials overseas American give any valuable payment intention to gain and maintain the unjust enrichment. That is to say you can't give a political officials of any interest, for example, to get the business, or get other benefits. Where payment is not necessarily to actually pay, also can be the promised payment. For example, dealing in and customs, if you give me the goods as soon as possible to finish it, I can give you what kind of what kind of benefits. Even if this time you are not given, then the smooth clearance of goods of words, but also violated the terms of the FCPA. The second clause is the account books and vouchers clause. This is in USA listed company, is by the SFC to this clause, which requires the two points: first is the accounting and control right; the second point is the correct accounting vouchers and. You're in the books of accounts can not be false, we have recently seen burst out of the violation of the FCPA case has Siemens, Avon, again early before the lucent these companies, they are suspected of violating the provisions of FCPA, document terms one very important thing is books. For example, they asked government officials or employees of state-owned enterprises, state-owned enterprises belong to government officials under the terms of the FCPA, so do business with large state-owned enterprises should pay special attention to. They asked the staff to America to visit their factory, which is often happened. Visit the factory is not wrong, but they take these employees go play somewhere nearby, there is often a Disney theme park, Universal Studios and so on. To Chinese thinking it is not too much. These companies also know FCPA, so they do account when, do not reflect these employees go idle away in seeking pleasure, but put it through the travel agency costs with a pen. But when USA judicial departments and the Commission inspection they will look very carefully. This trip was to where, Zhang did not reflect these idle away in seeking pleasure costs, but with a simple meeting fee invoice to offset expenses, this is often the case. This is a common situation for domestic enterprises. But because American government tube very strict, Usa Inc in this aspect is relatively tight, don't dare to say that spent the money but the other is accounted for.

    Then I will simply Introduction Company legal working with outside counsel methods. I think we have been very familiar with, I think the following points, may also not very comprehensive, including perennial legal adviser contract main words, generally sign a one or two years of contract, company have any questions ask law firms, lawyers answer these questions and gives some legal advice, this is all the year round legal Consultant contract. The second is calculated in accordance with the time, mainly by the hour. Also includes some seconded lawyers, some companies do not need to hire a full-time lawyer, it can with the law firm agreement can loan one or two lawyers to get this project done work for our company, so it can also be based on the time to compute (reward). This This is not the only one. there is according to the project to calculate the cost, large and small. Risk agency words are mainly in the proceedings, this time to see the case. The chances are, sometimes to calculate by this case cost savings.
    External law is divided into two kinds, one is the representative office of foreign Chinese, another is funded by. Two kinds of different characteristics, each have expertise, summed up down the foreign English relatively strong, it is familiar with the relevant overseas laws, because it has many in foreign qualified lawyers, so accordingly when you asked about the overseas legal problems, they are good at. Some have offices in many countries and regions of foreign capital, they can cooperate in transnational business. I have a project, I not only and the Shanghai cooperation office, can also and their Hongkong, Singapore and other overseas office other cooperation, their service basically is the seamless connection. So I just need to contact with a corresponding office, I can also get other countries and area office service. But foreign capital are a bad place is its relatively high cost, the everyone is quite clear. Even a lawyer we used, our general counsel American he said USA Wall Street journal article reported that now the lawyer's fee and record highs, and even has reached $one thousand an hour or more. But the cost Is it right? With his efficiency is proportional to? This is also a question mark. There is, says foreign place China scale is not very big, big also, but the vast majority is a few people, a dozen, up to 20 people on such a scale. So it is very difficult to provide a full range of services. About domestic the words, relatively speaking, some lawyers English ability is weak, but it is good, it is familiar with the legal environment Chinese, it can also be agents of litigation and arbitration, its cost is relatively reasonable, but it may uneven, some good and some bad service quality. Chinese there are some very big, big and small all a lot of difference, but in which different lawyers, they direct positive competition, there are vicious competition, their service quality is also a gap.

    The same problem, many differences in handling problems between in-house and outside counsel them. I give some typical examples, not out no good lawyers. The outside good lawyer is very much, they not only understand the business, understand business, they gave the advice is very practical. So I just say here some typical differences. The first is the commercial considerations and the full and absolute right and wrong, black and white on the wrong distinction. In many cases there is only right or wrong, but sometimes also exist in the grey area. So this time how to go with the commercial balance? The company's legal adviser, is a problem often to consider, because after all, he is to serve the business. He is not independent of the organization, so that in this case, our internal lawyer will be more considered commercial. Second is the cost control and the best results. We know that in many cases to get the best results may have to spend a lot of money, whether commercial or business, the most detailed legal report must spend a lot of money, so the cost is relatively high. So he said in-house lawyers in certain circumstances, he needs to control the company's cost, to help companies control costs. Sometimes lawyers will feel very strange, I this thing half done. How company law does not allow me to continue to do it? This is because the company law to get a quick results, may not need a perfect result, this is because they are helping the company to save costs. This time we need to weigh up one thing against another internal lawyer. If we think of a case of cost control is more important, we may terminate the legal service, or on the basis of existing results, only requires a relatively fast, relatively simple approach. The third point is to consider the overall and single point analysis. I used to work in a law office, often according to the given report a legal problems raised by customers. But the report to the company to whether be adopted? Sometimes will not necessarily be adopted. This is because the internal lawyer for overall consideration, they will consider other aspects of the factors. The results of external law that is to be a reference for the company law, company law will have their own way to get their own plan, and help the company to make a decision. This is often. The fourth point is to solve the problem and the standard answer. In the same logic, is in-house counsel is to put the problem solved as soon as possible, as soon as possible into the other projects, not one-sided pursuit of a standard answer.
    Here are two examples, our company for the acquisition of another company, if two of the company's sales are almost, we hope that the end part of the staff of the labor contract. Some employees are not willing to terminate the labor contract, if our company to consult him to lift it, may use both sides did not fulfill the contract. If the employee does not agree, this time we need a lawyer to help companies find ways, how to quickly and easily get the objective. External law firm words basically will request the staff shift advice, or notify the trade union. If the employee does not promise, to take further action to terminate the labor contract, can not have no reason to terminate, or legal risk is very large. If we handle labor disputes in contract if we know there are some formulas to calculate the cost, if the company has no reason to remove employees, according to the different parts of the judgment that there would be many things, sometimes to follow the N+1 formula, and sometimes the other way. The company must decide to go such a too observant of conventional standards. process at this time, or because the parties do not agree to unilaterally terminate the labor contract. Based on the known legal consequences, and act accordingly. There is no labor contract termination which company directly, and then quickly put this post up. This time the public has two way, general compensation or reinstated. At first the reinstated the road block, the next is the money problem. Here involves a "balanced" problem. You are hoping to use the issue dragged on for a long time, drag a few months, or want to make the employees to leave the company as soon as possible? Because sometimes the employee may cause some negative impact on the company, some of the key employees he might also reveal company secrets. So this is an overall consideration, not everyone must follow the correct legal process. The correct process if we should notify the trade union, offered him another job and so on, but the actual operation of the time we may not do, have to bear the corresponding risk. In the future if relates to labor arbitration case, may be at a disadvantage. There is also a case. Our company has been involved in some investigation, investigation found a bribe. Company employees in order to get the business, bribe government officials. As a Usa Inc, we are the only way is to put all the problems found in the record, and report USA judicial departments and the SFC, because as a Usa Inc shall have the obligation to the found problems directly report to the superior. What's the benefit? This is to say when they carry out investigation verified, the original should be fined $20000000 words, because of such behavior, they may wish to reduce the penalty, but it is very huge fines. So Usa Inc will take such action. It is said that this matter has been put on the table, if at the same time, because of his misconduct fired him, our company in China for labor dispute be prosecuted. Employees may bring the labor disputes, labor arbitration, very simple is said in court, we should be how to say. Because he was involved in bribery, we just tell the lawyer talked, you on a Chinese court said FCPA, no one cares. Lawyers answer is very simple, FCPA is America law, we have no obligation to obey the law America. So according to the Chinese law we can only lose. So this time we will go in search of the laws and regulations of the Chinese. This I think we should be more clear, China criminal law and so on which spoke of corruption, so in practice, must be flexible, when we need to communicate with customers, must be very understanding what customers are thinking, considering what problem. That is to say you have to achieve a certain degree of these understanding, but when with other foreign lawyers in court debate, there will be another set of theories to support this behavior of the company. So this is a few examples for your reference.

    About FCPA I then extended. Now a lawyer when providing service for the customer, the customer will be commissioned to government officials to communicate, so that we can quickly get permits, or reduce the corresponding fines etc.. Lawyers are the experts in this field, so often do. As a lawyer in time with the government officials or the relevant staff to communicate, you represent the Usa Inc go out this time, you should pay special attention to. If a lawyer has any bribe, because you are the agent, is to assume a legal consequences. So we are willing to and understand the attorney cooperation America law is the truth, because he knows the corresponding legal consequences may lead to. So they will also remind himself through his professional area to help the company to achieve the purpose, rather than through gifts, bribery. This is very important. Another is that the relevant laws and regulations. FCPA said not bribe and so on, in the local permitted by law, it is an exception. If local law is not considered bribery, this is the exception. In China often someone asked, what kind of gift giving, what kind of dinner is legal. The lawyer say this time there are a variety of answers. Some people say that as long as it is appropriate, as long as you do not open the wine dinner, this is ok. Or you don't take very precious, that is ok. The answer is differ from man to man, I can't say that I know the correct answer. Chinese have the relevant laws and regulations of the State Council, for example Yijiubaji years have a regulation, said officials from more than two hundred yuan worth of a gift is not submitted on time or returned to each other. This regulation is Yijiubaji years, but so far it is still within the validity period, have not been replaced. Mean time in sending more than two hundred pieces of gift, you may make the breach of such provision. So it is more attention. Many of the company's internal manual regulation to the gift can not be more than 200 yuan, this may sound silly, but in reality often encounter such problems. There is to eat, eat may be a bit better, because it is not mentioned in the regulations. But dinner general large companies also have control.

    Next I talk about the Multi-National Corporation of outside lawyers. The first is the efficiency. We call the efficiency of words but faster time outside, and I think a very important is an expression of the problem. We learn the law have studied logic, you whether the expression of clear fluid is directly affects the quality of legal service. Some people may be two or three words don't know a problem, but some people may be two or three sentences to summarize a problem very well. The second is the quality. Including the use of language, legal logic, whether there are included the results clearly. Another is to provide a full range of services. In some acquisitions and other large transactions, also need to include tax law law, labor law, company law, they must be full with the help of a company to provide services. The cohesion is very important. Another point is the knowledge of relevant foreign laws, this is not required, but like I said, sometimes known to foreign laws and regulations is very important. There is the import and export control. I'm not in front of notes, but the Usa Inc they should be subject to some rules constraint, in some countries ban. For example Iran, Iraq and other known as the "axis of evil" country, all Usa Inc, America subsidiaries and America branch and so on, not to the people in these countries, organizations, products, so some business can not do. So you want to know America law is limited which in some areas of trade. There is some foreign labor laws and regulations, and sometimes also need to know. In particular, when foreigners. There is a procedure related process. This point is difficult, let Chinese lawyer proficient in foreign proceedings. It is almost impossible, so you want to know what time to seek outside help in. For example the relationship Chinese lawyers may have to cooperate with foreign law, foreign lawyers suggested by this partnership.

    Today when the road. I also noticed another point, our external lawyers understand the level of corporate financial aspects of how many? Because I also learn the law, I am very deep understanding of the financial aspects of our lack of knowledge. Of course there may course on this aspect now law college is to provide more comprehensive, but many lawyers on the financial statements above many of the basic concepts are not understand, this is a problem. In many cases, the hand carefully. The score like some financial figures, inventory, human resources cost data, like these basic concepts I think we are very necessary to learn.

    Then I want to talk about our cooperation with the frequently encountered problems in the process of external lawyers. Some outside counsel for in-house not to stare at him, so they may be drag, drag drag on for many days. This situation often occurs, we also understand that may be external lawyers have more work, but how to distinguish the order of priority, how to reasonably allocate the task at hand, don't let the in-house, customers feel that you procrastinate on work, this is very important. The second problem is that the external lawyers answer is not comprehensive, ambiguous or even wrong. If you ask him, he just answer a word, but the company law got the answer will feel they cannot, have to ask a question, then get another answer from outside counsel. That is to say outside lawyers are given the answer is not very comprehensive, we hope that the external lawyers can "fast" half step, want to help in-house, why would he ask this question. Perhaps the company law does not need external lawyers to find a legal provision to yourself, this is not enough. Some lawyers may not hold, so the answer is vague, he deliberately vague answer. The third problem is that the external law fails to timely referral to other services. The lawyer has a lot of experience, of course, can improve a lot of comments and suggestions. But lawyers when necessary also requires special institutions to assist their investigation. Now there are many of their survey, investigation of intellectual property is very good, the lawyer can when necessary to recommend these services. The fourth problem is that some lawyers in order to get a project over commitment, or sometimes lawyer Tai Baoshou, you let him to estimate a case. The chances are, he will estimate is very conservative, so company law may not be willing to fight the case. Therefore, lawyers have to grasp a degree, too exaggerated or conservative is not acceptable. The fifth problem is English not fluent. Especially in some foreign participation in the meeting, English ability is very important. The last question is outside lawyers don't know enough about the company's internal processes and position. This requires external lawyers to grasp. This is actually very difficult, lawyers should be with the customer to establish a smooth communication mechanism, the customer will let the lawyers know they decide what process. Internal company staff position is not the same, may sometimes an answer between two different departments will have opposite attitude, so it should be with the company internal personnel communicate our lawyer. Behind a problem sometimes clients are hidden from other problems, so this time we spend half an hour with him a call, understand what is the starting point of this problem, so lawyers can provide a good service. Well, I basically finished.

    For questions:

    Question 1: the company who decided to hire foreign and domestic capitals have?
    Answer: according to the different companies have different practices. Sometimes if American company and a foreign all long-term relations of cooperation, such as the company has hired Beck McKenzie firm in New York, the cooperation between the two sides has been very successful, so the company Chinese may not care about costs, continue to employ the firm. Employ local law firms are mainly determined by the Ministry of justice and the president. Foreign managers may to domestic have no special knowledge, so in many cases to forensic Department of the local internal to recommend. Sometimes the president will also have the right to speak. If the president is Chinese, may communicate a point; if the president is a foreigner, this time may need a English very good to make cooperation more smoothly. In my personal experience, rarely ask legal problem of highly professional process president in and lawyers exchange in.

    Question 2: outside counsel spending too much time on legal writing the report on time, if it's really necessary?
    Answer: because the legal department will report at the problem, want to let foreign managers know what China staff thinking, but also to let employees know what China foreign managers think, so the external lawyers need to play the role of a bridge. Verbal communication is very important, important but written communication, this time the report is essential. But if the lawyer's report, the Ministry of justice recommended that the firm would be more convincing. Sometimes lawyers to get a project to write the reports, but in the end may not receive a penny, this is possible, but most of the time the lawyer to write a report to spend time. Also the fees charged to the company. This time it is necessary to look at the situation, whether you are willing to spend the time and the cost for this service. To let the company's brand, ability. Can you handle all kinds of complex problems and so on, these legal report is the most convincing.

    Question 3: whether the Foreign capital company has a comprehensive risk management?
    Answer: our company has a comprehensive risk management, but not every company has such a process. As far as I know, many in the financial industry, but the production enterprise, the traditional enterprise do not have such a process. The comprehensive risk management not only covers the legal risks, including risk, the operation cost of human risk etc.. Risk review so every year there will be one to two times, they will invite companies to discuss the main risk points for related. For example, our company engineer turnover rate is very high, this is a risk point, this is because the engineer's departure is directly related to the company Is it right? Corresponding research and development ability, can protect their intellectual property and know-how (know-how), so this is a risk point. So the leaders of each department, the responsible person, they should spend time to explain in detail the risks to make report. After defining the risk, to develop a series of action plan to tackle these risks, the next. So the engineer that the high rate of turnover, the hand may be because they are not satisfied with the compensation, the other hand can go to some measures we in the recruitment process. This is a mechanism, there will be a lot of people to follow up the action plan.
    In view of the risk, we have different methods of scoring. Such as the use of traffic lights for the risk score, serious use red to express etc..

    Question 4: your company in the process of expansion, acquisition of other companies, will involve the monopoly problem? It is related to a program to business reporting? In this business you request of lawyers have?
    Answer: many acquisitions of our company is done in many years ago, when the corresponding laws and regulations have not been announced, but recently we buy are not very large, so there is no related to antitrust issues.

    Question 5: a lot of external business lawyer, but consultants can sometimes be very anxious for the legal question reply, external lawyers had to delay the work. Then how to deal? Status is not some of the company's legal department, so that the information they provide is relatively backward, the external lawyers can not guarantee the quality of service, should be how to deal with
    Answer: our company for more urgent problems, will also give the external lawyer for one to two days. For some problems that need to use email to answer, two or three days we are acceptable. If the work time beyond this time, it's best to give the customer a phone, let more customers own the project at hand, a conservative time to finish the work. If the lawyer on the project is too much, I suggest not to accept this task. Some small problems is very time, if a lawyer because of busy and can not provide quality services for these things, then the company will be disappointed with the lawyer, the next may not work with you. So we should distinguish the order of priority.
    Is the legal status is relatively low, they provide consultation is not comprehensive, timely, this situation is very common. I think we can do two things: we can go to guide their first point is to cooperate with the legal department, legal department to understand that business and operation business, information feedback to the lawyers will get, assist the lawyers to provide legal services. If this is not effective, it may be because the Ministry of justice to deal with too many, may also be because of bureaucratic practices in the company, leading to the Ministry of justice can not get the corresponding advisory. This time I suggest that lawyers can go to the company with the person in charge of a meeting, ask some questions at the meeting with his own experience. Now the telephone, video conference are very common, but face-to-face, communication is still very important, this mode of communication more effective. Some of the better lawyer I see is to do so.

    Question 6: what is the legal department recommended external law firm focused on firms to the company? If the company through the bidding approach to seek cooperation outside law firms, in the tender, pay more attention to what? Many domestic firms grew quickly, if your company will hire domestic?
    Answer: our company is not bidding approach employed outside law firms, in this way is not very objective, there is a certain element of chance. But if the customer and lawyers working together for the first time, can be used this way according to the situation of not. The firm joined in the bid their customer service experience, may have the effect very much. The composition can be introduced to lawyers in the bid, the team's background, the cost and scope of services. Tell the customer whether he is a comprehensive, but also stressed that all departments of their cooperation is very coordinated, the efficiency is very high.
    Our company is engaged in domestic or foreign investment the problem, actually our company domestic and foreign capital are used, according to different situation we are respectively suitable, not lump together.

    Question 7: in our country less tax lawyers, so Foreign capital company in the face of tax issues, tend to the "big four". So we should put the work of lawyers weight to taxation depend on? Outside counsel and company law there is an invisible competition, what advice do you have for us to better deal with the relationship between this aspect?
    Answer: Although many related tax affairs we referred to the "big four" to do, but I have seen many a tax lawyer. I also think it will become a hot issue in the future, I know in tax has a lot of big company financial department. The field of tax this business is a good point of growth to domestic for.
    Sometimes the Ministry of justice recommended hiring lawyers and other lawyers may not communicate each other, they contact personnel are not the same, so this problem has not entirely legal issues, but relates to the company's internal "political" (Politics). So I think the key issue is communication, only better communication to resolve information asymmetry exists between different departments, leading to competition exists such problem.

    Question 8: if the construction enterprises, including dealers, in order to get your company's project, and the bribery case, your company will be how to deal with?
    Answer: I think there are a number of legal issues should be clear. The company's engineering generally contracting out, including a package, there are some sub contractor below. The contractor for the commercial bribery, this time it is necessary to confirm our with the contractor actually exists legal relationship of. According to my understanding, I think we are trading relationship with the contractor, I offer to each other after the direction of our products, or to the dealers to purchase products, this time only a buyer seller relationship rather than the agency relationship, so long as does not constitute an agency relationship, our company at this time the risk is relatively small, buy our products to bribery, this is too hard to stop.
    I slightly out of me, in company with distributors in this relationship is very delicate. The dealer is then sold to buy from the company side, but dealers are often in a certain area of exclusive agents, although no agency relationship, the agent is to take a certain amount of commission, and the dealer is earn price difference, but we managed to dealer is also very strict. If that dealers to take the project and bribery case, we never again with distributors to cooperate, it is to avoid legal consequences for us. Because according to USA law, if we know the bribery dealers and to get a project, but also turn a blind eye to it also violated the law. Because the dealer got the project also is we got the project, so in this piece above we cautiously.