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    Retail and Consumer Sector

    Charltons advises many market leaders in the retail and consumer sector, including department stores, multichannel retailers, restaurants, designers and manufacturers, distributors, food and beverages companies, fashion and luxury brands, as well as brand and marketing consultants. We provide high impact advice to help clients deal with the challenges and opportunities presented by a continually changing business environment such as the retail and consumer sector.

    Lawyers in our multi-disciplinary retail and consumer sector practice advise on a broad range of corporate and commercial matters, including corporate restructurings, strategic acquisitions and divestments, equity and debt financing, joint ventures and investments, brand and intellectual property protection, licensing, employment issues and incentive schemes, data protection and privacy, and potential antitrust issues. We also advise on sales, marketing, distribution, franchising, supply, manufacturing and logistics agreements. We have a deep understanding of the business drivers and challenges in this dynamic sector, as well as knowledge of the legal and regulatory issues faced by producers and retailers. Our lawyers provide an insightful and highly personalised service, supporting retail and consumer clients on complex issues by providing them with tailor-made legal solutions.

    We have a particular expertise in advising on investments and joint ventures in China. We have almost two decades of experience in China and have offices in Shanghai and Beijing, as well as long established relationships with top Chinese law firms in all of the major Chinese cities. Our deep local knowledge and international perspective allow us to provide smart and practical advice to foreign investors negotiating joint ventures in China and other investments in Chinese retail and consumer sector markets.

     

    Transfer of Business in Hong Kong

    The transfer of business in Hong Kong, or any part thereof, consisting of a trade or occupation whether or not it is carried on with a view to profit (as may be the case for an asset transfer transaction), is subject to the statutory provisions of the Transfer of Business (Protection of Creditors) Ordinance (Cap. 49 of the Laws of Hong Kong) (“Transfer Ordinance”) which provides for protection of creditors of Hong Kong businesses which are being transferred.

    Transferee to be liable for all debts and obligations of the transferor of business except if a “notice of transfer” is published

    The Transfer Ordinance provides that whenever a transfer of business in Hong Kong occurs, with or without the goodwill thereof, the person to whom the business is transferred (the “Transferee”) shall, notwithstanding any agreement to the contrary, become liable for all the debts and obligations (the “Transfer Obligations”), including liability for tax charged or chargeable under the Inland Revenue Ordinance (Cap. 112 of the Laws of Hong Kong), arising out of the carrying on of the business by the transferor (“Transferor”) unless the procedures set down in the Transfer Ordinance are followed.

    The Transferee however will not become liable for the Transfer Obligations if a “notice of transfer” is published not more than four months, and not less than one month, before the date of transfer and the notice of transfer has become “complete” (see below on when a notice becomes complete).

    Manner in which a notice of transfer must be given

    Every notice of transfer shall be signed by both the Transferor and the Transferee and shall be given by publication in :

    • the Gazette;
    • any two of such Chinese language newspapers circulating in Hong Kong as may be approved for the purpose by the Chief Secretary; and
    • one English language newspaper circulating in Hong Kong which has been so approved.

    When will a notice of transfer become complete?

    Pursuant to section 4(4) of the Transfer Ordinance, a notice of the transfer of business in Hong Kong becomes complete upon the expiration of one month after the date of the last publication of the notice of transfer, unless proceedings are instituted against the Transferor in respect of any liability of the Transferor arising before such notice has become complete and out of the carrying on of his business. Where such proceedings are instituted, the notice of transfer shall (for the purposes of such proceedings only) be deemed incomplete pending the final determination of such proceedings (including all possible appeals, and pending the expiration of all periods during which such appeals may be brought).

    Charltons has experience of the transfer of business in Hong Kong.

    奇门遁甲与特码生肖:Retail and consumer sector

    Joint ventures in China

    Transfer of business in Hong Kong

    Hong Kong retail and consumer sector legal advice

    Investment in China’s retail and consumer sector

    Legal advice for foreign investment joint ventures in China

    Chinese retail and consumer sector investment

    Successful joint ventures in China retail investment

    Transfer of Business Protection of Creditors Ordinance Cap. 49 of Laws of Hong Kong

    Hong Kong Transfer Ordinance

    Inland Revenue Ordinance Cap. 112 of Laws of Hong Kong

    Joint venture structure
    Hong Kong PRC consumer and retail industry
    PRC joint venture company
    Joint venture agreement

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  • 苹果高管驳斥iPhone计划报废说 iOS 12就是证据 2019-05-07
  • 热门楼盘趁势而入迎热销 红六月正式上线 ——凤凰网房产天津 2019-04-29
  • 国家税务总局:国地税改革进入具体实施操作阶段 2019-04-28
  • 习近平关于生态环境保护的十个精妙论述 2019-04-28
  • 生态环境部严厉打击转移倾倒固体废物及危险废物 2019-04-27
  • 马克思的每个人全面而自由发展,是人的最高需求层次理论。 2019-04-22
  • 空调还装墙壁上?聪明人都是往这里装,好看又省地 ——凤凰网房产 2019-04-22
  • 这下就真的更加坐实你的老蚕了,所有网友都是见证!想赖都赖不掉了。 2019-04-20
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