Vivian Desmonts
Vivian Desmonts is a European lawyer and a registered foreign lawyer in China with over 20 years' experience in Shanghai and Guangzhou. His multicultural background helps to build relationships between Chinese and international companies looking to do business together. He is co-managing partner of the Guangzhou, Shanghai and Beijing offices of Gowling WLG.
A French attorney at law admitted to the Paris Bar, Vivian is also a registered foreign lawyer with the Guangdong Provincial Bureau of Justice and a member of the panel of arbitrators at the Shenzhen Court of International Arbitration. He is a legal adviser to the French General Consulate in Guangzhou and an active member in the European business community in the GBA (Guangdong-Hong Kong SAR-Macao Greater Bay Area).
Vivian has broad expertise in International Trade and Foreign Direct Investment laws in China, including M&A, corporate governance, commercial contracts, employment law, dispute resolution, as well as international taxation and customs. He is also well-versed on data privacy law in China and in the EU.
Vivian has worked with national and international clients from all sectors, who are entering or expanding in the Chinese market.
He has particular experience in advising clients on the establishment, acquisition, operations and restructuring of joint venture companies and wholly foreign owned enterprises in China. Some of the projects he has been in charge of advising European and Canadian groups in their acquisition of Chinese companies (small & mid-cap deals) are as follows:
- Advising a major European Group in the food industry for the acquisition of a €60 million factory in the bakery industry, with management earn-out and multi-jurisdictional elements (Hong Kong SAR common law and Chinese continental law);
- Advising a global leader in plant-based ingredients for the acquisition of a factory manufacturing pharmaceutical products in South China, driving the client through the public tender process for acquisition of Chinese State-Owned assets and securing the pharma licenses with the local FDA;
- Advising a Fortune 500 in the sale of its Chinese subsidiary in the nuclear industry to another Fortune 500, with legal and tax aspects in China related to the earn out paid abroad;
- Advising PE funds for acquisition or sale of shares in Chinese companies, including a Canadian PE fund investing over CAD 20 million in a paint and coating factory near Shanghai;
- Advising a German family office in the acquisition of a group of companies in Hong Kong SAR and mainland China specialised in quality control of metallic products;
- Advising a British group in a multi-jurisdictional acquisition of companies in environmental consultancy;
- Advising numerous European SMEs and Groups in restructuring their presence in China, including implementation of buyout or exit strategies.