Because of this blog, our China lawyers get a fairly steady stream of China law questions from readers, mostly via emails but occasionally via blog comments as well. If we were to conduct research on all the questions we get asked and then comprehensively answer them, we would become overwhelmed. So what we usually do is provide a super fast general answer and, when it is easy to do so, a link or two to a blog post that may provide some additional guidance. We figure we might as well post some of these on here as well. On Fridays, like today.
Our China attorneys constantly get e-mail requests from start-up companies wanting a “quick and simple standard template contract” to get them to the point where their funding comes in. Oftentimes these requests also mention the possibility of our simply translating an existing contract for them.
Our response to these requests is always the same and it is along the following lines:
Sorry, but we cannot give you a contract without first making sure it is the right contract for you and making sure that the contract is written to actually fit your situation. About half the time when we are asked to draft a particular type of contract, the contract actually needed is another type of contract. And many times when we are asked to draft a contract for “China,” it turns out the contract should be for Taiwan or Hong Kong or even sometimes elsewhere, all of which change what should be in the contract. And though you have told us you want a standard contract, what constitutes the standard for so many things can depend on the industry, the location and even the exact product and its quality. Indeed, for many provisions, there is oftentimes no such thing as a standard. To top it all off, it is often better to have no contract at all than to have one that has not been specifically tailored for your situation.
You really should just decide whether it is worth it to you to have your contract done right. To see what needs to go into a China contract “done right,” check out China Contracts: Make Them Enforceable Or Don’t Bother.
This article was written by Dan Harris and published on China Law Blog. Original Post: https://www.chinalawblog.com/2018/03/quick-question-friday-china-law-answers-part-50.html