Any business plan for expanding, relocating, merging, or
partnering operations will necessarily include good due diligence of
the partners with whom you to plan to join forces. Who can imagine
deciding to set up a business with someone you know hardly anything
about? What Chief Executive would decide, based on only the word of
the potential partners themselves, that the organization was viable,
their management capable, and their financial status sound and
appropriate?
Common sense tells us that no company would behave this way,
indeed, that no company would be allowed by its Board of Directors
and its shareholders to make decisions in this way.
But it happens in China all the time. Some of the world's largest
and most prestigious companies have come to China and based major
investment decisions on nothing more than the name of a company, a
few introductions, and a few promises.
Why?
In the early days of China's reform, it would have been difficult
indeed to perform any kind of recognisable due diligence, as both
government and society were very closed, and standard commercial
priniciples and concepts had not yet resurfaced. Business was done
through Ministries and their subsidiaries at provinicial and city
levels, special companies were set up by the government to negotiate
and sign commercial contracts and provide import and export
functions, and no real private commercial sector existed at all.
Companies who wished to do business in China met with whom they
could at government level and were grateful to have any door at all
through which to enter the market. Lack of transparency was, of
course, a huge issue, but that was second to building and
capitalising on market opportunities.
With the structural reforms which have taken place particularly
since 1995, however, more and more commercial activity is occurring in the private sector, and the relationship between government and
business has been reorganized. Much that was under the direct
control of the government is now independent. The rules for foreign
investment have been revamped, and foreign companies are now
actively investing with private companies as their partners. This
means that foreign companies find themselves in an interesting
paradox. On the one hand, they have gotten what they wanted, i.e. a
freer hand to operate in China. On the other, however, they are
subject to whatever the market has to offer, with very little way of
differentiating between and among the validity and viability of
individuals, companies, and organizations.
Many companies therefore skip any real due diligence process at
all and go straight to negotiations with their designated partners.
And they wonder later why the operation runs into problems!
The relative openness which now exists in China now allows a due
diligence process to take place. Unfortunately, very few companies
are able or willing to provide this sort of service, preferring
instead to focus on creating what they hope is a good legal and
financial framework between the foreign and Chinese parties who have
decided to operate together, in the expectation that this framework
will suffice to alleviate and resolve any problems which may occur
between the partners. The problem is that this framework is often
built on a very unstable foundation.
This is where China Channel can help. Our strength is
understanding your business requirements, and channeling them into
appropriate business structures with proven and reliable partners
and supporters. If you already have potential partners, we will help
you find out more about them, and we will give you our findings and
our recommendations based on those findings.
After all, isn't this what you would do anywhere else in the
world?