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China Non-disclosure, Non-use, Non-Circumvention Agreement Drafting

Below is a sample Non-Circumvention, Non-Disclosure, and Non-use Agreement we drafted for our client. It contains essential terms and conditions for a Non-Circumvention, Non-Disclosure, And Confidentiality Agreement. Before you are going to disclose your confidential information to Chinese manufacturer, it is very important to ask them to sign such an agreement so as to protect your intellectual property rights. As China contract lawyer, we have extensive experience in helping our foreign clients drafting commercial contracts, purchase and sales agreement, confidentiality agreement and non-disclosure agreement, etc.

Non-Circumvention, Non-Disclosure, And Confidentiality Agreement

This agreement is hereby executed on this ___ day of ________, 2007 by and between _______________________________ and/or their corporations and subsidiaries, (hereinafter referred to as “Client”) and CANTRELL-VIALA & ASSOCIATES (hereinafter referred to as “Business Broker”), (“Client” and “Business Broker” collectively referred to as the “Parties”), whereby the parties hereby agree as follows:

Witness

WHEREAS, the parties hereto contemplate entering into, or participating in, one or more business transactions including the purchase of one or more of Business Broker’s Client businesses; and WHEREAS, the parties mutually recognize that in the transaction of the subject business each may learn from the other, including their agents and associates, the identity, address and/or telephone numbers of clients, agents, brokers, buyers, sellers, financiers and/or bank or trust contracts (hereinafter referred to individually or collectively as “confidential sources”) and/or information relating to bank accounts, transaction codes, participating banks and/or entities, business concepts, business plans, and business strategies, (hereinafter referred to individually or collectively as “confidential information”) which the other party has acquired by years of investment in time, expenses and effort; and

 

Notarization in Mainland China and Hong Kong China-Appointed Attesting Officer

Public Notary Office (Chinese: 公证处) is a subordinate agency of the Ministry of Justice of the People's Republic of China. It is responsible for certifying documents according to Chinese legal system. Examples of services offered are certification of Birth Certificates, identification cards, Household Registration documents, Driver's License, Police Records, Health Records, Property title, power of attorney, guarantor documents, authorization documents, declaration documents, lottery tickets certification and business licenses. If you need to notarize document originated or executed in Hong Kong, you will have to find some China Appointed Attesting Officer, Holding Current Practising Certificate, Notary Public (member of the Hong Kong Society of Notaries.

Purpose of Notarization

The functions of the Public Notary Office is classified into 4 functions.

1. To safeguard the smooth process of the state economic restructuring and economic construction, maintain the order of socialist market economy.

2. To protect lawful rights and interests of citizens, legal persons and other organizations, prevent disputes and minimize litigation.

3. To develop notary standards and promote the process of the international civil and economic activity. To protect lawful rights and interests of citizens, organizations, overseas Chinese and foreigners.

4. To inform and educate the legal knowledge, improve legal sense of the people, maintain the legal system and guarantee the correct implement of state laws.

Notarization in Mainland China

There are many document can be notarized by the embassy such as Company Incorporation Documents, Business Registration Documents and Identity Documents, those notarized documents can be used on business, investment, loan, property, mortgage and trading. A well-notarized document can you to start business oversea, study aboard, marry abroad, and get inheritor identity. Notarization helps applicant to make their document legalized oversea.

 

Notarization, Legalization and Authentication of Documents, Evidence or Instrument in china

As experienced China lawyer, we handle cases where foreign law firm or client need to legalize documents originated or executed in China to be used in United States or other jurisdictions. The procedure for legalization or authentication is quite complicated, so we strongly recommend you to retain our service to accomplish the job for you.

Procedures of Legalization or Authentication

For a document originated or executed in China to be used as evidence in other jurisdiction, the document must be firstly notarized by local Notary Public in China. Then the document would be sent to China Ministry of Foreign Affairs for endorsement. Finally, the endorsed document is sent to the consulate of the jurisdiction where the document is to be used for authentication. There may be translation work required before starting the procedure.

Document to Be Used in USA

Consular Officers perform notary services customarily provided by Notaries Public in the United States. All notary services require an appointment.For notary fee information, please see our list of common fees.Generally, documents to be notarized should be in English and should be intended for use in the United States. The Consulate cannot provide translation services or notaries for documents that will not be used in the United States. Non-U.S. citizens may obtain notaries for use in the United States, but must provide a passport for identification. The Consulate will not accept Chinese National ID cards as identification.

If you are getting married in China and need to get a notary for an Affidavit of Eligibility to Marry, you need to prepare some document.

Requirements for Notary Services


For Oaths:

•Appear in person
•Provide proof of your identity
•Swear or affirm after indicating a basic understanding of the penalty for perjury
•Sign in the consular officer’s presence

 

China Law Expert Testimony

China law expert witness is a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been a witness to any occurrence relating to the lawsuit or criminal case involving China law. It is an exception to the rule against giving an opinion in trial, provided that the expert is qualified by evidence of his/her expertise, training and special knowledge. If the expertise is challenged, the attorney for the party calling the "expert" must make a showing of the necessary background through questions in court, and the trial judge has discretion to qualify the witness or rule he/she is not an expert, or is an expert on limited subjects. Experts are usually paid handsomely for their services and may be asked by the opposition the amount they are receiving for their work on the case. In most jurisdictions, both sides must exchange the names and addresses of proposed experts to allow pre-trial depositions.

China Law Expert Testimony


Testimony about a scientific, technical, or professional issue given by a person qualified to testify because of familiarity with the subject or special training in the field. As experienced Chinese lawyer, we frequently give legal opinion regarding Chinese law in many jurisdictions.

Generally speaking, the law of evidence in both civil and criminal cases confines the testimony of witnesses to statements of concrete facts within their own observation, knowledge, and recollection. Testimony must normally state facts perceived by the witnesses' use of their own senses, as distinguished from their opinions, inferences, impressions, and conclusions drawn from the facts. Opinion testimony that is based on facts is usually considered incompetent and inadmissible, if the factfinders are as well qualified as the witness to draw conclusions from the facts.

In certain instances, however, the law allows witnesses to provide opinion evidence, and such evidence is divided into two classes, lay opinion and expert opinion. A lay witness may give his or her opinion when that opinion is (1) rationally based on the perception of the witness; (2) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue; and (3) not based on scientific, technical, or other specialized knowledge within the scope of expert testimony discussed below. Thus, lay witnesses who have had an opportunity to observe a particular vehicle in motion are normally permitted to testify that it was traveling at a great rate of speed or was going pretty fast. Lay witnesses are also normally allowed to give their opinion as to the height, weight, quantity, and dimensions of things, even if their testimony is not precise. By definition, a lay witness is any witness who is not qualified to testify as an expert on a particular subject.

 

China Law Expert Opinion Provided By China Lawyer

In law, an opinion (also consilia) is usually a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. As China practicing lawyer for more than 10 years, we provide China law legal opinion on various China law issues for foreign lawyers, foreign courts and arbitration tribunals. We also call it China law expert opinion.

Nature and Scope of China Law Expert Opinion

Opinions are usually published at the direction of the court, and to the extent they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion is included in a volume from a series of books called law reports (or reporters in the United States). Published opinions of courts are also collectively referred to as case law, which is one of the major sources of law in common law legal systems.

Legal opinions are commonly used in a variety of situations. For example, in the context of a cross-border transaction, a legal opinion may be used for the purpose of opining on whether certain transaction documentation is valid and enforceable in a particular jurisdiction and complies with the local law of that jurisdiction. In transactions involving multiple jurisdictions where the governing law of the documentation is English law, a combination of foreign and English law legal opinions may be required and in such circumstances the lawyers in the relevant jurisdictions will need to ensure that together the legal opinions opine on all relevant matters.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.