Corporate, M&A & Capital Markets

Today’s corporate world is both intensely local and thoroughly international. KWM is as well

We are unique in offering seasoned US corporate lawyers as an integral part of one of the oldest and most prominent firms in China, South Asia, Europe and Australia. Our diversity, local expertise and global vision allow us to serve as trusted counsel to companies across industries operating under the wide variety of systems and cultures forming the globalized community.

Our extensive emerging growth practice includes representation of entrepreneurs from corporate formation through funding, expansion and exit in the public equity capital markets or through M&A. Our established clients also rely on us for other corporate matters including corporate governance matters, equity and debt financing, commercial contracts and negotiation, labor and employment matters, intellectual property matters, innovative financing structures, multinational joint ventures and beyond.

We also counsel our corporate clients on regulatory and compliance matters, especially those involving the difficult and complex bi-lateral relationship between the US and China. Bringing US expertise to these problems is not enough; our extensive network of offices in China and the rest of Asia allows us to provide advice that combines insight with an understanding of what will work in practice.

Insight

Trade Volatility: Adopting a "Trump Majeure Clause" in Commercial Contracts

In today’s disrupted global trade environment, where policy shifts and trade sanctions can emerge unexpectedly, buyers and sellers of goods face heightened legal and financial uncertainty and risk. Sudden changes in trade laws, particularly tariffs and sanctions, can materially affect contract performance and pricing. To mitigate these risks, parties to commercial contracts may benefit from incorporating a tailored provision, which we shall refer to as the "Trump Majeure Clause" (TMC). The TMC is a hybrid of the traditional force majeure clause and a change in law clause, designed specifically to address disruptions caused by newly imposed tariffs or trade sanctions. Its purpose is to allow contractual flexibility in the face of government actions that frustrate the original purpose of entering into the agreement.

08 May 2025

Insight

Guangdong’s Capital Market Drive: New Measures Bring Opportunities

On January 12, 2025, the Guangdong Provincial Government introduced the Measures for High-Quality Development of Capital Markets to Support Guangdong’s Modernization (the “Measures”). These Measures lay out a detailed framework aimed at strengthening Guangdong’s multi-tiered capital markets, boosting tech-driven enterprises, and improving the overall quality of listed companies. The overarching goal is to position Guangdong as leading financial hub and embrace innovation to attract global investment.

07 March 2025

Insight

Shanghai Sets Sights on Digital Trade: Global Hub Plan Revealed

On January 16, 2025, the General Office of the Shanghai Municipal People’s Government released the Implementation Plan for Promoting the High-Quality Development of Digital Trade and Service Trade in Shanghai (the “Implementation Plan”). This strategic blueprint aims to establish Shanghai as a global hub for digital trade, which includes digital products, and technology-driven trade, as well as service trade, covering sectors such as finance, insurance, logistics, and cultural services. With a strong focus on reform, innovation, and the opening of key sectors, the Implementation Plan sets out a series of priorities and actionable steps to achieve these goals by 2029.

07 March 2025