Your Canton Fair contact represents Company A. The proposed seller is Company B. Payment is requested by Company C. “Same group” leaves several important questions unanswered.

Canton Fair Deals: Seven Practical Legal Checks — Part 2.

In this hypothetical scenario, different entities may have legitimate roles. The practical task is to identify those roles and establish who accepts the obligations of this particular order.

Check the registered name of the proposed counterparty and the authority of the person negotiating for it. An exhibitor's badge, business card or familiar brand should not be treated as conclusive proof of authority to bind a different entity.

When the seller changes, get the proposed seller's confirmation of the specifications, delivery timetable and responsibility for defects. Review the attachments as well as the signature page. If another company will collect payment, document its authority and what the arrangement means for payment performance and refunds.

Avoid shortcut legal conclusions. Under applicable Chinese law, authority, employee roles, ratification and apparent agency can matter; the presence or absence of a company chop alone does not settle the question. Other applicable laws may require separate analysis.

Preserve original correspondence and contract versions. For a specific China-related contract review, agree the service scope and fee before substantive work begins.

Mike Wu · Guangzhou · wzklaw.com/contact.php?source=linkedin
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