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While
every client and every situation is unique, at KTHL we find that
we are called upon to perform some types of services frequently.
We've put together a few cases to help you get an idea of the range
of services we offer:
Service:
International due diligence
Situation:
One of the largest privately owned manufacturing corporations in
China wanted to purchase a new fruit processing production line.
The processing line consisted of specialized components made in
several countries around the globe. The Chinese corporation spent
considerable resource negotiating a purchase agreement with a US-based
company. The US company portrayed itself as a large, reputable firm
capable of delivering the entire production line, guaranteeing its
performance parameters, delivering spare parts for the line for
several years free of charge, and training the Chinese company's
staff to work on the line. The purchase price was $US10,000,000.
The agreement between the parties stipulated that the seller would
receive payment after delivering the production line to the port
of destination and submitting the through
bill of lading to the bank. KTHL's due diligence discovered
that the seller was, in fact, a company operating from a single
family home with virtually no assets to cover any potential liability
for breach of the contract. The company's business history was non-existent,
and their capacity to deliver on the contract highly dubious.
Result: KTHL's due diligence saved the client $US10,000,000.
Service:
International joint venture startup
Situation:
Shareholders in the USA, China and several European Union countries
decided to start up an international joint venture as a closely
held corporation with a maximum tax benefit relative to their activities
and minimum liabilities for each profit center. KTHL facilitated
negotiations between the parties and prepared all necessary documents
including letters of intent, joint venture agreements, and share
subscription agreements. It incorporated the company in the most
appropriate "safe harbor" jurisdiction (British Virgin
Islands in this particular case), prepared articles of incorporation
and corporate bylaws, facilitated the necessary directors and shareholders
meetings, opened bank accounts, hired relevant staff, and facilitated
the logistics and administrative tasks of the corporate start-up
and operations.
Result: KTHL continues to represent the corporation; accommodate
and bridge its diverse cultural, linguistic and economic background;
lower its liabilities; and help with its corporate management. KTHL
is being paid a percentage of the corporate proceeds, from the business
that KTHL has helped to generate.
Service:
Securing grant money and financing for project:
Situation:
A medium-size East European manufacturing company was interested
in environmentally safe technology to neutralize its biodegradable
waste stream. KTHL helped the company write a business plan, and
brought the project to the attention of the US Trade and Development
Agency. KTHL later helped to prepare the grant application that
brought the company close to $US500,000
to complete a feasibility study and pilot projects. KTHL
specialists then supervised the feasibility study for the client,
and assisted in securing finances to purchase and implement the
new technology.
Result: The new technology neutralizes the waste stream
by creating a sellable byproduct that generates additional revenue
for the client. The completion of the project increased the company's
revenue by 25% and lowered its environmental liabilities and insurance
cost.
Service:
International recruitment and immigration law
Situation:
A US firm needed an associate from a country newly admitted
to the European Union (EU). The recruit needed to have a degree
in Economics and knowledge of EU financial and insurance laws, regulations
and policies. The new associate was to join the firm's workforce,
be trained in the USA, and then return to Europe to open an office
for the firm in one of the former communist countries of central
Europe. KTHL assembled a list of suitable candidates for the firm's
evaluation, facilitated the interview process, negotiated salaries
and benefits, and processed a visa petition for the selected candidate.
Result: The candidate has been employed by the firm, and
the firm's new office has been developing successfully under her
management.
Service:
Legal representation of a creditor overseas
Situation:
A Chinese corporation breached a contract with a US corporation,
causing damages in excess of $US2,000,000.
Result: After helping to secure a judgment against the
breaching party, KTHL represented the US corporation in collection
proceedings in China, and helped to secure full payment on the judgment.
Service:
Bringing together buyer and seller of new technology
Situation:
A KTHL client in China was interested in the purchase of a
new top-of-the-line technological process for tool manufacturing.
At the same time, the seller of such a technology approached KTHL
with a request to open a new market for its product.
Result: KTHL brought the two parties together, helped
to negotiate the agreement between them, and currently supervises
the execution of the agreement. Each party pays only one-half of
the KTHL fee for service in the form of a percentage from the new
revenue stream.
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