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Investment

The main clientele of the Firm in this area consists of foreign enterprises, Mainland China enterprises, venture capital funds, private equity funds, strategic investors, as well as angel investors. The Firm provides services in relation to investment in Taiwan and cross-strait investment in Taiwan, Mainland China, Hong Kong and Macau, as well as legal service in cross-border investments.

Our core services in this area include, at the preliminary stage of the investment, the planning of the investment transaction, analysis of the financial and ownership structure, compliance of listed companies, compliance of Securities Exchange Act and Financial Act, as well as negotiating and drafting domestic and foreign investment contracts, due diligence, execution of closing of the investment, application for various investment approvals (such as foreign investment, antitrust and merger control filings, public tender offering or capital increase through private placement) and application for special business permit during the middle stage of the investment. Our services during the later stage of the investment include but are not limited to company registration, planning of employee shares incentive program and application for work permit and residence permit for foreigners in Taiwan.

Furthermore, as the Firm has a team that has long specialized in public construction and government procurement, we are especially knowledgeable and experienced in cases related to foreign enterprises establishing facilities in industrial area, export processing zone, and science and industrial parks and are able to provide in-depth and wide-ranging services in relation to investments in industrial area and zones.

 
Mergers and Acquisitions

The Firm has assisted various domestic and foreign enterprises in share or asset acquisitions of domestic or transnational corporations. The target companies include Taiwan-listed companies in various industries, private enterprises as well as foreign companies. The average size of the transaction range from several millions US dollars to tens of millions of US dollars.

With extensive experiences in domestic and international mergers and acquisitions, the core services provided by the Firm during the preliminary and middle stages of the M&A are similar to investment cases. These include the planning of the investment transaction, analysis of the financial and ownership structure, compliance assessment of listed companies, assessment of Securities Exchange Act and Financial Act at the preliminary stage of the M&A, as well as negotiating and drafting domestic and foreign investment contracts, due diligence, execution of closing of the investment, application for various investment approvals (such as foreign investment, antitrust and merger control filings, public tender offering or capital increase through private placement) and application for special business permit at the middle stage of the M&A.

During the later stage of the M&A, in areas such as personnel reorganization, business maintenance and financial structures of the company, our Firm also provides legal services in areas such as labor/employment laws, financial and accounting laws and industry-specific laws, as well as having expert teams that are able to assist the client and provide comprehensive advisory and management services.

 
Reorganization and Bankruptcy

The Firm has considerable professional ability and practical experience in offering legal services related to corporate reconstruction such as reorganization, bankruptcy, liquidation, reduction and increase of capital and restructure of corporate organization and is able to provide professional advisory and planning for our clients. The Firm’s attorneys have extensive experience in filing claims for reorganization or bankruptcy on behalf of the Firms’ clients, as well as serving as legal counsel for reorganization or bankruptcy proceedings. Furthermore, our attorneys have also served as the reorganizer, reorganization supervisor, insolvency administrator or consultant of these proceedings. The Firm has the advantage of an integrated team composed of professional attorneys from various practice areas such as corporate, securities, finance and litigation, as well as cooperation with professional teams from other fields to assist in the reconstruction and revitalization of corporations.

 
Finance, Banking and Insurance

Many of our attorneys are highly qualified and experienced professionals who have served various positions at government agencies and private financial institutions. The Firm’s services include legal advisory on incorporation, registration, restructuring, business transfer, merger and acquisition of financial institutions, and Financial Technology (FinTech); as well as compliance advisory and relevant contract drafting and negotiation on banking related matters including credit extension, deposits, import and export transactions, trusts, wealth management, financial derivatives, non-performing loan disposal, restructuring of debts and assets, consumer finance and credit cards. The Firm also provides advisory services to financial institutions and corporations on various types of financing, including financing structure planning, contract drafting and negotiation of cross-border financing, syndication loans, financial leasing, project financing, consumer financing, and account receivable purchases. As to insurance businesses, the Firm assists with compliance advisory and document drafting related to insurance claims, insurance derivatives and fund operation, insurance policy, compliance of insurance supervision regulations and other related insurance advisory services and document drafting. In addition, the Firm has also developed legal services related to cross -strait financial businesses, being one of the few law firms that has experience in assisting financial institutions from Mainland China in establishing branch offices in Taiwan.

 
Securities and Capital Market

The Firm has extensive practice experience in the capital market and has received many awards presented by Taiwan Stock Exchange Corporation (TWSE) and Taipei Exchange (TPEx). In addition to actively assisting many Taiwanese and foreign enterprises in becoming listed on the Taiwan Stock Exchange and Taipei Exchange, the Firm also assists Taiwanese or foreign enterprises in raising funds from overseas markets. Furthermore, the Firm not only provides services such as conducting legal due diligence, issuing legal opinion, reviewing and revising prospectus and other relevant documents, but also offers services including arranging listing structures, corporate restructuring, legal advisory and attending required meetings. The Firm has assisted many companies as well as its shareholders in submitting related applications to the Investment Commission. At the same time, the Firm has also built close and friendly working relationships with lawyers, accountants and investment banks in Taiwan, China, and Hong Kong as well as other countries.

In addition, the Firm also provides legal advisory related to securities, futures, investment trusts, mutual funds, structured products and asset management. Our services include transaction structure planning, public offering and private placement for domestic and offshore securities, mergers and acquisitions of listed companies, asset reorganization and de-listing, contracts and transactions for futures and OTC derivatives, registration, offering, issuance and sale of domestic and foreign funds and structured products, legal due diligence for fund investment and assistance in post-investment fund management, as well as legal services related to the establishment, acquisition, transfer, and fund mergers and other general business issues of securities investment trust enterprises and securities investment consulting enterprises. The Firm also offers services in mapping out the legal structures of financial asset and real estate securitization, as well as providing planning, review and advisory on relevant laws and regulations.

 
Tax Planning and Administrative Remedy

For mergers and acquisitions, restructuring of multinational organization, investment or various other economic activities, it is not only important to consider the applicability of laws, but an overall transaction planning for tax purposes is also often necessary to avoid taxation disputes and to minimize taxation risks. In order to meet the clients’ needs, the Firm’s attorneys regularly work with tax departments of accounting firms to provide comprehensive solutions to clients. At the same time, the Firm also offers advisory related to compliance with the Foreign Account Tax Compliance Act (FATCA) of the U.S. and Taiwan’s Regulations Governing the Implementation of the Common Standard on Reporting and Due Diligence for Financial Institutions (CRS) of the R.O.C.

As for taxation matters, our Firm offers clients services such as tax planning and tax consultation. In addition, the Firm has extensive experience with regards to filing for tax review, appeal and initiating administrative proceedings. In addition to having professional knowledge and strong experience in the relevant tax laws and regulations, the Firm’s attorneys also have significant expertise and experience in tax administrative proceedings and related civil and criminal laws, being fully capable of appropriately dealing with tax authorities or court requirements to ensure the interests of the clients.

 
Public Construction and BOT/PPP

Private participation in public constructions is a niche of combining commercial incentives with the construction and operation of public facilities. Such projects often require internal reorganization and external coordination, as well as professional assessments in the areas of construction, finance and law. The Firm specializes in the process of tender, review of tender, opposition, petition, mediation, arbitration and litigation in connection with major infrastructure projects. The Firm has acted as legal counsel to various governmental agencies as well as domestic and foreign companies in the area of public construction. The scope of services provided includes opposition, petition, dispute mediation, arbitration, litigation, project financing, drafting of construction contract, construction contract negotiation, and advisory service on construction laws and regulations. The Firm has participated in numerous public-private-partnership projects and is now one of the most experienced legal counsels in this field in Taiwan.

In recent years, the public construction projects that the Firm has participated in include transit station, cable car system, tourist attractions and lodgings, wastewater sewer, desalination plant, reclaimed water plant, student dormitory, and hospital. In the aforementioned projects, the Firm mainly represents government agencies in drafting tender and bidding documents for private participation in PPP projects, provide legal advisory on tender procedures and providing relevant legal services as required, assist in negotiating and discussing work plan review, legal issues and feasible plans and proposals, amending and drafting relevant documents, drafting comprehensive evaluation guidelines for the selection of participating enterprises, and reviewing tenders and negotiating for contracts. The Firm has also represented private enterprises to participate in tendering, negotiation and conclusion of contracts for projects planned by the government or proposed by private entities, as well as representing private entities in negotiation, mediation, arbitration and litigation in performance disputes.

 
Intellectual Property and Technology Law

The Firm works closely with major law firms in the U.S., Japan, China, and various European countries to jointly provide comprehensive legal services related to intellectual property (“IP”) and technology law to domestic and foreign companies, as well as high-tech companies. These services include legal advisory on IP rights, applying for IP right registrations, IP protection and management, negotiation, drafting, and review of IP right licensing and transfer/assignment agreement, IP right infringement and litigation, non-competition and trade secret disputes. The Firm also assists businesses in the planning of legal arrangements and drafting of agreements related to share subscription through IP licensing, legal planning and drafting of agreements related to IP investment and financing, forming strategies and negotiating for IP right disputes and litigation, as well as tax planning for IP licensing and assignment.

 
Biotechnology and Medical Law

The standards for regulatory control and certification requirements of biotech products and medical services are extensive as they pertain to people’s lives and well-being, and thus the legal disputes arising out of this industry are highly specialized. The Firm has long been involved in the area of biotechnology and medical law, having lawyers with interdisciplinary backgrounds and practical experiences in biotechnology and medicine. The Firm is able to provide services related to legal issues involved in pharmaceutical research and development, inspection and registration, IP management and infringement litigation, as well as other relevant issues such as National Health Insurance disputes, conversion of medical institutions into legal entities and M&A of pharmaceutical companies, as well as medical practice dispute resolutions and litigations, helping companies grow with the aim of becoming a strong partner for clients in this field as the biotechnology industry develops.

 
Urban Renewal

The Firm has substantial experiences in assisting landowners and construction companies with urban renewal projects and can assist in planning joint development structure that is tailored to the needs of each landowner or construction company. The legal services provided by the Firm related to urban renewal include facilitating negotiations between landowners and construction companies, drafting and review of joint construction agreements, organizing urban renewal committee, legal advisory related to review process in relevant administrative departments, participating in public hearings, and legal advisory and review of trust deeds and financing agreements. For public urban renewals led by the government, the Firm often assists in drafting tender documents for government agencies and providing legal advisory for tendering procedures. The Firm also assists in tender evaluation, contract negotiations and other related legal services. The Firm also provides legal services to private institutions in bidding preparations, assists contract negotiation for private institutions, and implements procedures and other related legal matters.

 
Japanese Legal Services

The Firm has several attorneys who have studied in Japan, and all of them are able to provide all the legal services offered by the Firm in fluent Japanese directly to Japanese companies. Our attorneys have long been providing the best and most efficient services to our clients, and this highly acclaimed Japanese practice is one of the few in Taiwan that is able to communicate with, and provide legal services directly to our Japanese clientele. In addition, we regularly cooperate with attorneys, accountants, tax accountants or judicial clerks in Japan to assist Taiwanese companies or Japanese companies as well as Taiwan and Japanese nationals with legal consultation related to reinvestment, joint venture, and mergers and acquisitions, as well as Taiwan and Japanese marriage and estate inheritance matters. In addition, in order to provide comprehensive legal advisory service to our clients in Taiwan and Japan, the Firm has established Chien Yeh Foreign Law Office in Tokyo in 2017.

 
Services in Mainland China

With the signing of the Economic Cooperation Framework Agreement (“ECFA”) and the implementation of the relevant regulations, a close economic relationship across the Strait has formed, and Taiwan companies that have been successful in investing in Mainland China may also return to Taiwan through Initial Public Offerings (IPO) in Taiwan and diversify their channels of fund raising. Aside from dealing with traditional cross-strait civil lawsuits and investment disputes of Taiwanese companies in China, the Firm’s China team is especially experienced in IPOs by Taiwanese companies returning from China, company investments, M&A and legal affairs in Mainland China. Currently, the Firm has assisted clients in industries such as precision machinery, biotechnology and pharmaceutical, high-tech and financial services. In addition to representing many listed companies to negotiate in joint venture projects in Mainland China or working jointly with Chinese law firms on local lawsuits and disputes, the Firm has also represented many Taiwanese companies or foreign corporations in raising funds in the Taiwanese securities market. The Firm has received awards from competent authorities for best contributing intermediary agency and best partner continuously for several year. Recently, the Firm has been retained by several large Chinese companies to assist in their investments in Taiwan. The Firm also has experience in closely working with major law firms and government agencies in Mainland China. With ample experiences in cross-strait business exchanges, the Firm can provide dedicated and suitable services to clients.

 
Environmental Protection Disputes

The legal services provided by the Firm related to environmental protection include issues related to environmental laws and regulations such as the Environmental Impact Assessment Act, Waste Disposal Act, Air Pollution Control Act, Noise Control Act, Water Pollution Control Act, and Toxic Chemical Substances Control Act. In terms of environmental protection issues, our attorneys often assist in filling remedial procedures on behalf of clients and have accumulated significant practical experience representing in several high-profile cases, as well as assisting clients with compliance of environmental laws and regulations and mediating environmental protection disputes on behalf of clients. Furthermore, the Firm also has extensive practice experience in co-organizing large-scale legal forums and lectures on environmental law topics. With commentaries on environmental issues by our attorneys often appearing in newspapers, the Firm is committed to improving the environmental law regime and environmental protection dispute resolution and is a leader in the area of environmental law in Taiwan. The Firm has also established the Climate Change and Sustainable Development Office to not only help enterprises in seeking administrative remedy and compliance as above mentioned, but also planning for the commitment to and performance of corporate social responsibility.

 
Corporate Governance Evaluation- Compliance Risk Assessment (CRA)

The companies listed on the Taiwan Stock Exchange and Taipei Exchange should conduct self-examination every year or engage a professional organization to evaluate the implementation of each indicator in order to fully understand the operation risks faced by the company, as well as seeking for strategies to improve or strengthen its governance. In addition to assisting the listed companies to design a comprehensive mechanism based on its business nature to identify, control and independently report the risks of compliance, the Firm can also act as a third party independent institution to conduct compliance risk assessments and issue CRA reports for the company to participate in the annual evaluation. Furthermore, the Firm can also assist the company in establishing a reporting system for compliance information, which would enable the company to maintain its own regulatory database and facilitate the planning of compliance programs.

 
Forensic Accounting

In order to assist clients to improve the effectiveness of corporate governance as well as effectively deter corporate fraud, the Firm cooperates with professional digital forensic and e-discovery teams, combining the accounting profession of the Firm with advanced forensic technology to assist enterprises with internal investigations and collection of relevant evidence for court testimony in the event of any suspicion of fraud, corruption, bribery or other misconduct. With extensive experiences in cases related to commercial crimes, financial statement fraud and investigation on cash flows, the Firm not only can assist its clients in detecting fraud to prevent vulnerabilities in internal control, but also establish a mechanism to detect and prevent potential fraud in the future, ensuring implementation of anti-bribery and anti-corruption policies of the enterprises.

 
Legal Advisory of AML and CFT

In addition to qualified local attorneys, the Firm also has qualified professionals such as Certified Anti-Money Laundering Specialist (CAMS) and US-qualified CPA and attorneys who can assist financial institutions or non-financial institutions in strengthening the governance framework and management system for anti-money laundering (AML) for relevant evaluation by competent authorities or international organizations. Based on the actual needs of each individual client, the Firm provides services related to consultation on establishment of AML and CFT systems, due diligence on compliance of AML and CFT projects, risk assessment and advisory for improvement. In addition, the Firm also provides support in educational training and seminars on various issues in order to strengthen the compliance by the client’s management and employees.

 
Background and Integrity Due Diligence,IDD

While developing new business or adapting to new markets, avoiding counterparty risks arising from information asymmetry, as well as grasping the background of its business target and careful selection of vendors when implementing vendor management are all critical parts of corporate risk management. Through years of experiences in handling cases and familiarity with the markets of Taiwan, Mainland China as well as Vietnam, the Firm can assist its clients to conduct due diligence on the background information, integrity or goodwill of the clients’ partners and competitors, and issue analysis reports thereof, so that the company can understand the operation as well as financial status of its counterparties in order to detect warning signs and significant issues in time.

 
Trust and Estate Planning

Given the rapid changes in economic structure and the resulting increase in uncertainty for the future, individual and family estate planning through trusts or wills in order to protect the rights and interests of all parties in advance to avoid dispute and discord among family members in the future have become an important issue. Thus, the Firm provides relevant legal services based on client’s needs, including understanding the status of domestic and foreign assets of clients as well as their intended disposition of their estate. The Firm also assists clients in estate planning using wills or trusts in compliance with relevant domestic and foreign laws in order to ensure that the management and distribution of the client’s estate is proceeded according to the client’s will as to protect family wealth and ensuring family harmony.

 
Legal Services related to Equestrian Sports and Trade of Horses

Equestrian sports have their own specific characteristics compared to other sports. Equestrian sports not only involve the athlete himself/herself, but the horse is also an important part of the sport. Whether as horse riders, owners, equestrian centers or other participants or people engaged in equestrian sports, they will have to deal with issues including trading, rearing, training, transportation, breeding or medical treatment of horses. In addition to the tranditional fields of civil and criminal laws, these issues also involve other specific laws and professional regulations related to animals or sports such as the Animal Industry Act, the Animal Protection Act, the Statute for Prevention and Control of Infectious Animal Disease, the Veterinary Drugs Control Act or the Sports Industry Development Act. Furthermore, since horses are animal of high economic value and the condition of the horse may change due to the environment, rider’s training method or care of the groom, they are vastly different in nature from general commodity, and thus professional knowledge and expertise in horses are required to handle related cases.

The diversity, professionalism and extensive experiences in cross-border cases of the Firm’s attorneys enable the Firm to provide comprehensive legal services to riders, horse owners, equestrian centers as well as other personnel related to equestrian sports and trade of horses, such as drafting and review of agreements related to sales and purchases of horses and horse gears, cross-border import and export of horses, transporation of horses for international competitions and medical disputes related to horses. At the same time, the Firm also hopes to promote the development of equestrian sports in Taiwan.

 
 
We believe that it is by offering professional services that we could gain the trust of our clients. The Firm is at all times on top of all social and economic developments both in Taiwan and internationally, and we achieve professionalism through teamwork and cooperation in order to enhance the quality of our services and to provide comprehensive and excellent legal services in all aspects.
 
 
 
 
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