Key information on using this website

This Terms of Use and Legal Notices section provides important information about how King & Wood Mallesons is organised and sets out or refers to the terms governing your use of the website. The location specific notices provide further information on King & Wood Mallesons, including information required by the law and by regulators in the relevant location. If you are in any doubt about any of this information, please contact us (see details below).

USE BY YOU OF ANY INFORMATION ON THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE AND LEGAL NOTICES.

This website provides information on and material containing matters of interest produced by King & Wood Mallesons. The material on this website is provided only for your information and does not constitute legal or other advice on any specific matter. Users of this website requiring or seeking legal advice are responsible for obtaining such advice from their own lawyers, and should do so before taking, or refraining from taking, any action in reliance on any information on this website. This website is not intended to and does not create any client/lawyer relationship between any user and any King & Wood Mallesons network firm. 

In this Terms of Use and Legal Notices section "you" and "user" means the individual accessing this website and where that access is made in a business context any company or other organisation of which that individual is an officer, partner, member, employee or agent and other members of the same group as that company or other organisation to whom information on this website is passed.

You need not disclose your identity to us in order to use this website. However you may use this website to provide information including personal information to us and this website may use "cookies" to collect anonymous traffic data from you and other users who access this website. The internet servers may also automatically record details about any computer used to access the website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. Please see the Privacy Statement and the Cookies Policy for information about how we use and handle personal information provided to or collected by us and about your agreement to the use of that information.

These Terms of Use and Legal Notices and any dispute or claim arising out of or in connection with the website and your use of it, whether of a contractual or non-contractual nature, are governed by and are to be construed in accordance with the law of the Hong Kong Special Administrative Region of the People's Republic of China. The courts of Hong Kong are to have non-exclusive jurisdiction to settle any dispute arising out of or in connection with this website and your use of it. 

About King & Wood Mallesons

King & Wood Mallesons refers to the network of firms which are members of the King & Wood Mallesons network and their associated service companies.  The firms are:

  • King & Wood Mallesons, a partnership in Australia;
  • 金杜律师事务所 (King & Wood Mallesons), a partnership in the People's Republic of China;
  • 金杜律師事務所 or King & Wood Mallesons, a partnership in the Hong Kong Special Administrative Region of the People's Republic of China;
  • KWM Europe LLP (no. OC415124), a limited liability partnership registered in England and Wales;
  • King & Wood Mallesons Rechtsanwaltsgesellschaft mbH is a German limited liability company;
  • King & Wood Mallesons Italy s.a.s, an Italian Associazione professionale;
  • King & Wood Mallesons SAP, a Spanish company;
  • King & Wood Mallesons LLP, a Singapore limited liability partnership
  • King & Wood Mallesons LLP, a New York registered limited liability partnership; and
  • King & Wood Mallesons法律事务所 外国法共同事业,a Japan partnership.

All references on this website to "King & Wood Mallesons", "KWM", "the firm", "we" or "us" mean, except where clearly stated, one or more of the member firms in the King & Wood Mallesons network and their associated service companies or the King & Wood Mallesons network itself (prior to joining the King & Wood Mallesons network, network firms used other names), and include KWM Service Limited.

Legal services are provided independently by each of the separate King & Wood Mallesons member firms. No member firm or any of its partners or members acts as agent for any other member firm or any of its partners or members. No individual partner or member in any member firm has authority to bind any other member firm.

King & Wood Mallesons in Australia, King & Wood Mallesons in China and King & Wood Mallesons in Hong Kong are members of Verein KWM International, an association formed under Swiss law, that assists in the co-ordination of the activities of the King & Wood Mallesons member firms. It does not provide services to clients or represent its members, is not responsible or liable for the acts or omissions of any of the network member firms, and does not control the exercise of their professional judgement or bind them in any way. No King & Wood Mallesons member firm or any of its partners or members is responsible or liable for the acts or omissions of any other member firm or of the Verein in any way. The Verein and the member firms and their partners and members are not part of a separate global partnership.

KWM Service Limited is a wholly-owned subsidiary of Verein KWM International which provides services to Verein KWM International and the King & Wood Mallesons member firms.

King & Wood Mallesons - Partners and offices

Where in this website we refer to an individual as a 'partner' we are referring to an individual who is a partner or member of a King & Wood Mallesons member firm or an employee or consultant in such a member firm with equivalent standing and qualifications to such a partner or member. Where in this website we refer to a King & Wood Mallesons "office" we are referring to an office of a King & Wood Mallesons member firm.

Your responsibilities as user

You are responsible for the consequences of your own decisions as to the use of the information and material contained in the website, and its possible application to any circumstances you may be facing. It is for you to decide whether you should obtain legal advice. You do not have to be a client of King & Wood Mallesons to use the website.

You may only view, download or print content from this website for your non-commercial, personal or internal business use. You must obtain our prior written consent if you wish to use or reproduce any content from the website for any other reason. This does not allow you in any form or by any means to:

  • Use any part of the website for an illegal purpose or in a way which is inaccurate or misleading or offensive, or which brings King & Wood Mallesons or any of its partners, other lawyers or employees into disrepute
  • Reproduce all or any material part of the content or design of this website, adapt, store in a retrieval system, transmit, print, display, perform, or publish or create derivative works from, any part of the content or design of this website
  • Cause any of the material on this website to be framed or embedded in another website
  • Commercialise any information, products or services on this website

except with our prior written consent or as permitted by applicable copyright law.

We reserve the right to exclude persons who do not respect the Terms of Use.

Website content

Except where another jurisdiction is specified, legal content on this website is based on laws applicable in the country or jurisdiction to which the page relates or in which the author practises. Material on this website may be updated and amended from time to time, and may not reflect the most recent legal developments.

Although you may be able to access this website in a jurisdiction in which King & Wood Mallesons does not have an office (or has an office that does not practice local law), King & Wood Mallesons does not represent that any of the member firms or any of their lawyers is permitted to provide legal advice on the laws of that jurisdiction.

Lawyer/Attorney Advertising

This website gives you information on the expertise and experience of our people, in particular our lawyers. Their success in the past does not guarantee a similar outcome in the future. Legal and commercial outcomes in the future, or where the laws of different jurisdictions apply, may differ from outcomes described in this website.

The State of New York has determined that under certain circumstances and for certain recipients, some of the material on this website may constitute attorney advertising within the meaning of sections 1200.1 and 1200.6-8 of Title 22 of the New York Codes, Rules and Regulatory Attorney Advertising Regulations. The following statement is made on this website in accordance with those rules: ATTORNEY ADVERTISING; PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.

Copyright and trade marks

Unless otherwise indicated and subject to applicable law, all rights (including copyright) in the content and design of this website are reserved. All such copyright is owned by KWM Service Limited or a King & Wood Mallesons member firm or is used under licence or applicable law. Copyright material on the website may be used only as set out in this Legal Notices and Terms of Use section. "King & Wood Mallesons" and "KWM" are registered trade marks and may not be used without our prior consent.

Links to or from other sites

Links to other sites from the pages on this website are for information only. In providing a link we do not endorse, and accept no responsibility for any material on, any website that is linked from, or that links to this website. Such sites may be controlled or produced by third parties. You must make your own decision to use such websites and to accept their terms of use and privacy and other policies.

You must not create or maintain any link from another website to this website without our written consent.

Exclusion of our liability

Save to the extent that any liability cannot be excluded or limited under applicable law (including liability for death or personal injury, or for fraud or reckless disregard of professional obligations), all liability of the King & Wood Mallesons member firms, and their affiliates, partners, other lawyers and employees, to you or any other person for loss or damage of any kind (however caused, including by negligence) arising from or relating in any way to any material and/or any use of the website, or the availability of the website or any content, is excluded.

The Internet is not a secure medium and communications to and from this website may be intercepted or altered in transit. We do not warrant that the website is free from anything which may damage any computer or other device which accesses the website or any data on such computer or other device.

Contact us

This website is provided by KWM Service Limited, a company registered in the Cayman Islands (no 266187) of 13/F Gloucester Tower, The Landmark, 15 Queen's Road Central, Hong Kong. It is notified under the United Kingdom Data Protection Act 1998, and for the purposes of that Act (in relation to the personal information on and collected through this website) has appointed KWM Europe LLP of 11th floor, 20 Fenchurch Street, London EC3M 3BY as its representative in the United Kingdom.

Please contact your usual King & Wood Mallesons contact or use the contact details associated with the webpage(s) which prompts you to make such contact. 

Click here for more information about fraudulent communications purporting to be from King & Wood Mallesons. 

Terms of use in other countries and regions

We practise law in Australia through King & Wood Mallesons with offices in Sydney, Melbourne, Brisbane, Perth and Canberra.

The legal profession in Australia is regulated under various state and territory laws.  Australian lawyers of King & Wood Mallesons are regulated by the legal profession legislation in the state or territory in which they are admitted to practise law.

In Australia the Privacy Officer can be contacted at King & Wood Mallesons, Level 61, Governor Phillip Tower, 1 Farrer Place, Sydney NSW 2000, Australia, or on +61 2 9296 2000, for email please click here.

We practise law in China through 金杜律师事务所 (King & Wood Mallesons), a partnership in The People’s Republic of China, which has offices in China in Beijing, Shanghai, Shenzhen, Chengdu, Guangzhou, Chongqing, Hangzhou, Suzhou, Qingdao, Ji'nan, and Sanya.

We practise law in Hong Kong through 金杜律师事务所 / King & Wood Mallesons, a partnership established under the laws of the Hong Kong Special Administrative Region of The People’s Republic of China.  Its office is at 13/F Gloucester Tower, The Landmark, 15 Queen’s Road Central, Hong Kong.  A list of the firm's principals will be provided on request.

In Hong Kong, the Data Protection Officer can be contacted at King & Wood Mallesons, 13/F Gloucester Tower, The Landmark, 15 Queen’s Road Central, Hong Kong, or on +852 3443 1000, for email please click here.

Information pursuant to Section 2 Dienstleistungs-Informationspflichten-Verordnung (DL-InfoV), Section 5 German Tele Media Act and section 55 Rundfunkstaatsvertrag

We practice law in Germany through King & Wood Mallesons Rechtsanwaltsgesellschaft mbH (“KWM Frankfurt”), a German limited liability company registered in the commercial register of the local court of Frankfurt am Main at no HRB 107543 and admitted to the Frankfurt bar (Rechtsanwaltskammer Frankfurt am Main, www.rechtsanwaltskammer-ffm.de).

King & Wood Mallesons Rechtsanwaltsgesellschaft mbH
Taunusanlage 17
60325 Frankfurt am Main
Germany
Phone: +49 69 5050293 00
Fax: +49 69 5050293 99
E-Mail: info@eu.kwm.com

Geschäftsführer (Managing Directors): Rudolf Haas and Rüdiger Knopf.

Share Capital: EUR 100,000
Registration: Handelsregister Amtsgericht Frankfurt am Main, HRB 107543

Unless indicated otherwise, all lawyers ("Rechtsanwälte") at our German office are admitted to practice in the Federal Republic of Germany at the bar association (Rechtsanwaltskammer) for the Frankfurt office:

You will find the relevant addresses at www.brak.de or at the above mentioned homepages.

Unless indicated otherwise, all tax advisers ("Steuerberater") and all lawyers who are also tax advisers at our German office are admitted to practice in the Federal Republic of Germany at the relevant tax advisors' associations ("Steuerberaterkammer"):

You will find the relevant addresses at www.bstbk.de or at the above-mentioned homepages.

Our German office also includes lawyers qualified in other countries and who are members of and regulated by the bar in other jurisdictions. More information can be found under "People".

Provisions and Regulations under Occupational Law:

Lawyers/Rechtsanwälte

  • Bundesrechtsanwaltsordnung (BRAO)
  • Berufsordnung (BORA)
  • Fachanwaltsordnung (FAO)
  • Rechtsanwaltsvergütungsgesetz (RVG)
  • Berufsregeln der Rechtsanwälte in der Europäischen Gemeinschaft (CCBE)
  • Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG)
  • Law Implementing the Directives of the European Community pertaining to the professional law regulating the legal profession

You will find the wording of the relevant provisions and regulations at www.brak.de/seiten/06.php#tdg "Informationspflichten”

Tax Advisers/Steuerberater

  • Steuerberatungsgesetz (StBerG)
  • Durchführungsverordnung zum Steuerberatungsgesetz (DVStB)
  • Berufsordnung der Bundessteuerberaterkammer (BOStB)
  • Steuerberatervergütungsverordnung (StBVV)

You will find the wording of the relevant regulations at www.bstbk.de/de/steuerberater/berufsrecht/

Insurance

Our German practice is also covered by a compulsory professional indemnity insurance policy with Allianz Versicherungs-AG in 10900 Berlin. The insurance covers practices worldwide and therefore meets the requirements pursuant to section 51 Federal Lawyers Regulation (Bundesrechtsanwaltsordnung, BRAO), section 67 Law on Tax Consultancy (Steuerberatungsgesetz, StBerG), sections 51 ff. German Regulating Ordinance Relating to the Law on Tax Consultancy (DVSTB), section 54 German Public Accountants Ordinance (WPO) in connection with the Regulations regarding Professional Liability Insurance of Public and Sworn Accountants (WPBHV).

VAT Identification Number

DE310080874

Alternative Dispute Resolution

KWM Frankfurt is in general neither prepared nor obliged to participate in alternative dispute resolution at a consumer dispute resolution entity according to the law on alternative dispute resolution in consumer matters (Gesetz über die alternative Streitbeilegung in Verbrauchersachen – VSBG)

Relationship with King & Wood Mallesons LLP

KWM Frankfurt is not to be confused with and is an entirely different entity to King & Wood Mallesons LLP which went into administration on January 17th, 2017 and subsequently changed its name to “QSP Residual Recoveries LLP” (the “Old LLP”).

Upon its establishment, KWM Frankfurt became member of the King & Wood Mallesons network comprising firms in various countries including PRC, Hong Kong and Australia. The partners and staff at KWM Frankfurt work seamlessly with the rest of the King & Wood Mallesons network.

KWM Frankfurt does neither continue the business and/or operations of the Old LLP nor does it use the name, address and/or offices of the OLD LLP.

Under the transfer agreement regarding the acquisition of certain assets from the Old LLP, it was agreed that KWM Frankfurt has not assumed any responsibility for Old LLP, and is not obliged to assume, pay, satisfy, discharge, perform or fulfil, any amounts owing or obligations of the Old LLP, whether or not invoiced and whether or not due and payable to creditors and all other actual or contingent liabilities and obligations of the Old LLP of whatever nature (including tax), whether or not arising in respect of or relating to the carrying on of the business or the performance of obligations or liabilities under any contracts relating to the business or the ownership or use of any of the assets of the Old LLP, or the supply of services provided in the course of the business or otherwise whatsoever in relation to the period on or before January 17th, 2017.

KWM Frankfurt has taken a transfer of certain archived files of the Old LLP that have not been transferred to third party law firms. Should you wish to retrieve or access such files, then please contact Stephan Schmidt in the first instance.

The above also applies to KWM Europe LLP, a limited liability partnership (LLP) registered under Company No. OC415124 whose registered office is at Octagon Point, St Martins Court, 5 Cheapside, London EC2V 6AA. KWM Europe LLP has had an office in Germany for an interim period prior to the establishment of KWM Frankfurt in March 2017 but is now operating from London / United Kingdom only.

We practise law in Italy through King & Wood Mallesons Italy s.a.s - Associazione professionale, a professional association registered with the Milan Bar Association.  A list of associati is open to inspection at the dedicated section of the Milan Bar Association Register.

All professionals in our Italy practice are registered with the relevant Ordine degli Avvocati or Ordine dei Dottori Commercialisti e Degli Esperti Contabili.  The applicable professional regulations are available from the relevant Ordine degli Avvocati and, for tax advisors, from the relevant Ordine dei Dottori Commercialisti e Degli Esperti Contabili.

The rules and principles applicable to the professional conduct of lawyers registered with the Ordine degli Avvocati can be viewed here: www.consiglionazionaleforense.it.

The rules and principles applicable to the professional conduct of tax advisors registered with the Ordine dei Dottori Commercialisti e Degli Esperti Contabili can be viewed here: www.cndcec.it.

Our Italy practice is covered by professional indemnity insurance with QBE Syndicate 1886 (whose address is Plantation Place, 30 Fenchurch Street, London, EC3M 3BD) under policy number QF086413.  Please refer to the Global Head of PI and Practice Risk in the London office (at ghpi.prisk@eu.kwm.com) for further details of the insurance and how to contact the insurers.

Vat registration number: IT08230720966

Our practice in Japan is operated by King & Wood Mallesons Law Offices (Foreign Law Joint Enterprise), a partnership under the laws of Japan. Its principal place of business is 21st floor, Marunouchi Nijubashi Building, 3-2-3, Marunouchi, Chiyoda-ku, Tokyo.

King & Wood Mallesons Law Offices (Foreign Law Joint Enterprise) is authorized to practice Japanese laws and foreign laws in Japan and regulated by the Attorneys Act (Act No. 205 of 1949), the Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers (Act No. 66 of 1986) and the rules published by Japan Federation of Bar Associations.

We handle personal data in compliance with the Personal Information Protection Act (Law No. 57 of 2003, the “PIPA”) and its relevant guidelines. If there are any discrepancies between terms and conditions of this disclaimer and the PIPA, then the PIPA and our privacy policy prevail.  

Any references to Japan law on this website or in our publications are for general information only and do not constitute legal or other advice on any specific matter.  For further information, please refer to our privacy policy.

Our practice in Singapore is operated by King & Wood Mallesons LLP, which is registered with limited liability in Singapore (UEN T15LL0218A). Its registered office and principal place of business is at 138 Market Street, #09-03, CapitaGreen, Singapore. References to King & Wood Mallesons LLP on this page are to that limited liability partnership registered in Singapore (and not to other entities in other jurisdictions having the same or a similar name).

King & Wood Mallesons LLP in Singapore is a “Licensed Foreign Law Practice” which means that it can only practise foreign law and not Singapore law.

The Singapore data protection officer is able to answer on behalf of King & Wood Mallesons LLP an individual’s questions about its collection, use or disclosure of personal data; the Singapore data protection officer can be contacted at King & Wood Mallesons LLP, 138 Market Street, #09-03, CapitaGreen, Singapore or on +65 6653 6500.

Any references to Singapore law on this website or in our publications are for general information only and do not constitute legal advice or represent that we are entitled to advise on Singapore law. If you require advice on Singapore law, we would be pleased to arrange this for you from a Singapore qualified law firm.

We practise law in Spain through King & Wood Mallesons SAP, a public company duly incorporated and existing in accordance with the laws of Spain with its registered office at Claudio Coello, 37, 1ª planta, 28001 Madrid.

Registered with the Commercial Registry of Madrid (Registro Mercantil de Madrid) under Volume 24060, Page 155, Sheet M-239035 with Tax Identification Number A82376880.

All lawyers in our Madrid office are registered with the Bar Association (Colegio de Abogados) of their local jurisdiction in Spain.  Our Madrid office includes lawyers qualified in other jurisdictions who are either registered with their local Spanish bar association and/or are members of the bar of other foreign jurisdictions. More information can be found under “People”.

Professional regulations applicable to all Spanish and European lawyers practising in Spain are the General Rules for Lawyers (Estatuto General de la Abogacía Española) and the Spanish Lawyers Code of Conduct (Código Deontológico de la Abogacía Española), derived from the European Code of Conduct (Código Deontológico Europeo).

Lawyers are also subject to rules published by their local Bar Association.

All the regulatory provisions referred to above are available from any of the Bar Associations and from the General Board of Spanish Lawyers (Consejo General de la Abogacía Española) www.cgae.es/portalCGAE/printPortal.do?urlPagina=S001012002/es_ES.html.

Our Spain practice is covered by the firm’s compulsory professional indemnity insurance cover with QBE Syndicate 1886 (whose address is Plantation Place, 30 Fenchurch Street, London, EC3M 3BD).  Please refer to the Global Head of PI and Practice Risk in the London office (at ghpi.prisk@eu.kwm.com) for further details of the insurance and how to contact the insurers.

VAT number: ESA82376880

Our practice in England and Wales is operated by KWM Europe LLP, a limited liability partnership registered in England and Wales under number no OC415124. Its registered office and principal place of business is at 11th floor, 20 Fenchurch Street, London EC3M 3BY.

KWM Europe LLP is authorised and regulated by the Solicitors’ Regulation Authority of England and Wales whose rules can be found in the Solicitors’ Code of Conduct at www.sra.org.uk.

Our UK practice is covered by the firm’s compulsory professional indemnity insurance cover with QBE Syndicate 1886 (whose address is Plantation Place, 30 Fenchurch Street, London, EC3M 3BD). Please refer to the Global Head of PI and Practice Risk in London (at ghpi.prisk@eu.kwm.com) for further details of the insurance and how to contact the insurers.

VAT registration number: available on request

A list of Members and non-Member partners is available on request.

Client satisfaction

If you are a client and are concerned about our services or bills, in the first instance you should speak to the partner responsible for the conduct and overall supervision of your matter to resolve the problem. If you do not feel it is appropriate to raise the problem directly with that partner, you should speak with the relevant Head of Department or the firm’s Managing Partner, Europe and Middle East. If you are unable to resolve the issue in this manner, your complaint will be dealt with in accordance with our complaints procedure, a copy of which is set out here.

If you are not satisfied with the outcome of the procedure set out above, you may refer your complaint to the Legal Ombudsman (“LO”) which is the independent body established under the Legal Services Act 2007 to resolve complaints about legal services. However, you should be aware that the LO’s services are only available to certain types of clients, and there are time limits for lodging a complaint with the LO which require you to refer your complaint to them within six months of the conclusion of our complaints procedure.

Further information on the LO and the time limits applicable is available at enquiries@legalombudsman.org.uk, by calling the helpdesk on 0300 555 0333 or by writing to PO Box 6806, Wolverhampton WV1 9WJ. If you are concerned with our bill, in addition to the above, you may have the right to apply to the court for an assessment of the bill under Part III of the Solicitors Act 1974. However, if you make such an application to the court, the LO may not consider your complaint.

Modern Slavery Act 2015 – KWM Europe LLP Annual Statement for Financial Year ending 30 April 2017

KWM Europe LLP is committed to improving our practices to combat slavery and human trafficking.

As part of our initiative to ensure that slavery and human trafficking is not taking place we have in place processes to:

  • identify and assess potential risk areas in our supply chains;
  • mitigate the risk of slavery and human trafficking occurring in our supply chains;
  • monitor potential risk areas in our supply chains; and
  • protect whistle-blowers.

King & Wood Mallesons LLP, a New York registered limited liability partnership, operates in and from New York City. References to King & Wood Mallesons LLP on this page are to that New York registered limited liability partnership (and not to other entities having the same or a similar name).

The purpose of this website is to provide general information only, which may or may not reflect the most current legal developments and does not constitute legal or other professional advice.  Users should seek appropriate legal advice from counsel in the relevant jurisdiction before taking or refraining from taking any action in reliance on any information contained in this website.

The presentation of this website and the information contained in it are not intended to create an attorney-client relationship between King & Wood Mallesons LLP and any user of the website.  Accordingly, use of this website or the sending of an electronic communication or inquiry through the website will not create an attorney/client relationship with King & Wood Mallesons LLP or with any lawyer at King & Wood Mallesons LLP.  Any information sent to King & Wood Mallesons LLP via e-mail or through this website is not secure and is done so on a non-confidential basis.

This website contains Attorney Advertising; prior results do not guarantee a similar outcome.

King & Wood Mallesons LLP expressly disclaims all liability based on any information contained in this website.

The personal liability of the partners of King & Wood Mallesons LLP is limited as provided under the laws of the State of New York.

King & Wood Mallesons LLC provides representative office services for the China offices of King & Wood Mallesons from its offices in New York City and Silicon Valley.  It does not provide legal services.