China legal consultants http://bit.ly/LRFCcJ China Legal Consultants The Restructuring Process for a distressed business in China. The Ipo pang approach to distressed company management is a logical, practical three-stage approach. Investigational Stage |Analytical Phase | Implementation Phase A major consideration with any business resue process is that Time is NOT on your side. The more you wait in re-estblishing course, the more desperate the influx of cash is and with less options. The reasons for the distress hardly ever repair themselves. The Investigational Phase-A foreign company that owns a distressed China venture may perhaps already have some strongly held beliefs about the causes of that distress. While those beliefs can be precise, not surprisingly, they are frequently wrong or superficial, since they are derived from the filtered viewpoint of either a foreign head office, or ex-pat staffers whose familiarity with Chinese culture could be limited. Therefore, the first step in effecting a course change is to validate through analysis the degree and nature of the venture’s distress through fresh eyes. The typical causes of distress fall into four broad categories: Product issues, price, quality, features, competition, supply (backorders, lead time) demand (a viable market does not exist) advertising and marketing issues, lack of advertising, misdirected promotion (lack of localization) / mistaken positioning for China. Hire a china legal consultant to help you with these issues. Partner issues: China partner lacks dedication, China partner lacks advertising and marketing distribution, or support capabilities. China partner’s methods are at odds with foreign partner’s strategies / China partner subverts foreign partner’s initiatives. China partner’s goals are at odds with overseas partner’s targets (apparent or hidden, genuine or nefarious) China partner’s accounting practices are suspect. Regulatory issues, barriers to critical markets / protectionism, seemingly unending and unreasonable demands for permits, licenses, etc...Ipo pang’s team is qualified to reveal the true nature of the venture’s distress, from the viewpoint of Sales, marketing, and Operations management as well as forensic accounting. Arising from this objective investigational process, a clear and unfiltered picture of the venture’s status will emerge. The Analytical (Recommendation) Stage Casting aside preconceived notions about the nature of a venture’s distress, and focusing instead on the objective findings of the Investigational Stage, Ipo pang will promulgate recommendations for the foreign company to consider. Of course, one must be open to the notion that the venture is in fact performing as well as can be expected. In other words, underperformance is not a function of management but rather, it is the expectations and opportunity analysis for China that were too high for the product being offered. In such cases, a foreign partner in a China venture may perhaps choose to re-align not only its expectations and guidance to investors, but also, its resource allocation and management approach to the China venture. The range of recommendations arising from analysis could be broad, including: No fundamental changes; Change advertising and marketing thrust / pricing / product mix, etc. Resolve disputes with China partner, Terminate China partner / seek new partner,Change ex-pat management Seek cash infusion, Address regulatory barriers through qualified intermediaries / lobbyists partial or total divestment. Dissolution and liquidation-The Implementation Stage Equipped with an objective analysis and recommendations, the foreign investor in a distressed China venture can effectively determine its optimal course. Trident is equipped to implement the chosen course of action(s), some aspects of which could require legal expertise in association with IPO PANG: adding brief native management to administer transition as well as its connected internal and external communications Your China Legal Consultants IPO PANG P.C. 18 New Jinqiao Rd. Ramada Tower, Suites 2310 – 2312 Pudong, Shanghai P.R.C. 201206 Tel. (+86) 21 3382 1918 [email protected]