Legal representative - potential risks and legal liability Go back »
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Time2014-07-09 | 09:00 - 11:00
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Venue:Westin Hotel Chaoyang
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Address:7 North Dongsanhuan Road, Chaoyang District, Beijing
北京市朝阳区东三环北路7号 -
Fee:Members: 250 RMB |
Non Members: 400 RMB
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The European Chamber is delighted to invite you to a seminar on potential risks and liability of legal representatives.
In principle, a Wholly Foreign Owned Enterprise (WFOE) or a Joint-Venture company (JVC) are separate legal entities with limited liability. Basically this means that legal liability should not extend to the shareholders and the executive managers during normal operations of the company. However, and in accordance with the Law, executive managers such as legal representative, director, supervisor and senior managers of a company can face personal liability in several circumstances.
In this seminar, our speakers will provide an overview of the legal liability exposed to directors and senior management under Chinese law, discuss the implications if the directors or senior managers fail to address the legal risks, and the best practice to manage and mitigate the directors’ and senior managers’ risks. Speakers will also explain the practices, provisions and measures to mitigate the risks by case study.
Additionally, they will focus on the legal and tax consequence exposed to legal/chief representative if the company fails to fulfil the tax compliance requirement and be challenged in case of tax audit. What are the key points to consider to devise a proper tax risk management strategy? Given this opportunity, participants will also have a brief overview of the tax changes that have been introduced recently (update on the VAT reform notably).
Agenda
08.30 - 09.00 Registration & Coffee
09.00 - 09.05 Welcome Remarks by European Chamber
09.05 - 09.35 Presentation by Barbara Li, Partner, Norton Rose
09.35 - 10.05 Presentation by Anthony TAM, Partner & Joey Zhou, Senior Manager – Tax Advisory, Mazars
10.05 - 11.00 Discussion and Q&A
Event Terms & Conditions:
Please be kindly reminded that we do not issue an invoice (fapiao) for event price up to 250 RMB. For event price up to this amount you will receive an official receipt (shouju) only.
Speakers
Ms. Barbara Li
Barbara Li is a corporate and major projects lawyer based in the Beijing office of Norton Rose LLP. Her practice focuses on China-related corporate and commercial matters, mergers and acquisitions, and cross-border counselling, both on inbound and outbound sides. She has counselled international and PRC enterprises on major projects in the industry focus on energy, infrastructure, and automotive. She also advises on projects in other sectors including food and beverage, telecom and IT, real estate, pharmaceutical and manufacturing. Barbara has abundant experience in advising on regulatory issues.
Barbara has so far worked in leading International firms in Beijing and London for more than 14 years. Prior to moving to private practice, she worked as an in-house legal counsel at Ericsson (China) Company Limited and Beijing Jeep Co., Ltd. respectively.
Mr. Anthony Tam
Anthony TAM holds a MBA of Toronto (Canada) University. He is a senior qualified member of Ontario Province Canadian Institute of Chartered Accountants and Hong Kong Institute of Certified Public Accountants. Anthony has over 20 years of international tax advisory experience with proven track-record as well as an expert on Hong Kong and PRC tax, especially on implementation of M&A and transfer pricing activities. Anthony joined Mazars in 2013 and did PRC tax implementation activities. He was a tax managing partner of Southern part of China for a big four audit firm before he joined Mazars. He has in-depth knowledge on cross-border M&A activities in Asia Pacific area (including mainland China, Hong Kong, Singapore, Thailand, Taiwan, South Korea, Philippines and India) and PRC transfer pricing activities. He was a consultant of two bilateral advanced pricing agreement (“BAPA”).
Mr. Joey Zhou
Joey has over 11 years tax advisory and audit experience within Mazars. Joey has in-deep knowledge in IFRS and Chinese accounting standards for both Chinese and International practices. Her understanding of Chinese tax and regulatory environment enables her to provide valuable insight during her assignments. Her team of tax expert provides tax compliance, tax provision review, due diligence, post deal structuring, investment, fund repatriation, M&A activities, and tax audit defense. Joey served a number of sizable multinational corporations with investments and operations in China as well as owner-manager business, such as Suez Enviornment, Ipsos, Treves, Schneider, Air Liquide, Plastic Omnium, KME, Provimi, Eimskip, Haier, Air Charter Service, AFP, V&P etc.