Jurisdiction clause in loan agreements: you cannot afford to ignore this, esp in Shanghai

Good lessons are learned from great frustration.

A client entrusted me to sue his borrower for a return of RMB 1 million based on an agreement signed by the parties. The legal relationship is straightforward indeed: you borrowed the money, and then you repay it when due.

My client, the lender, and the borrower, while both living and working in Shanghai,¬†are however¬…

Nothing is impossible in China, you also think so?

It has been in place for some years from 2006 when China central government imposed restrictions on foreign individual or legal entities in buying properties in China, an move taken to rein in the then out of control price hike. This restriction is further reinforced in 2010 to the effect that each foreigner can only¬†“buy” one piece of residential¬…

make a will disposing of properties located in China

The number of¬† foreigners with some kinds of properties or assets in China¬†has been sky-rocketing¬†every year for the reasons that (1) more and more foreigners come to China for luck of fortune, and equally (2)¬† more and more Chinese citizens emmigrate and convert into foreigners. Naturally, foreign-related legal affairs have been increasing exponentially,…

bona fide principle in Chinese laws

In a leasing/occupancy dispute where I represent the owners (a couple whose names are both registered on the title deed of the property) of an apartment in Shanghai, trying to take back the apartment which had been leased out to a foreigner “tanant” by the owners’ friend who was once entrusted with the keys of the apartment.

In response to …

my experiences of serving foreign clients as a Chinese lawyer in Shanghai

Getting engaged in foreign-related legal services for years here in Shanghai, I have found it an interesting topic to discuss how to get connected, and build good chemistry with foreign clients. In a word, never an easy job!

Based on my personal observation, the biggest insurmountable obstacle between foreign or expat clients and Chinese lawyers¬†is the …

landlord failed to fix problems, can I withhold rent?

Expats living in China very often get frustrated with their Chinese landlords. A tipical situation is where the landlord fail to fix problems of the apartment/house, for example, air-conditioning breaking down, no hot water etc..

I got a help call this morning from a foreigner living in Shanghai, accusing his landlord of failing to fix some problems in the …

A new view on the legal nature of the work permit for foreigners working in China

Every foreigner who works in China is supposed to hold a Work Permit issued by local labor department. Otherwise, the employment of the foreigner is illegal. The consequences of this illegality will be (1) penalties that may be imposed by local labor department and local police, and (2) more importantly, the change of the relationship between the foreigner…

Your employers no longer able to secretively cancel your work permit in Shanghai

Recently, I scored a big victory in a case against Shanghai Labor Department (“SHD“)¬†in which we sued SHD for wrongly cancelling the work permit of my client, an American individual. The court judgment, coming after long period of intentional delay,¬†declared that SHD’s cancellation¬†of alien work permit based on the unilateral application…

Clarification on two points regarding China inheritance practice

China themed information is pervasive throughout the web. Randomly, I came across an article discussing China inheritance or succession system, entitled “facts about Chinese society’s inheritance“.

While the bulk of the¬†information contained in the article is correct, it will be useful to clarify some of the points made therein.…

Do I enjoy the tax credit benefit under China-USA income tax treaty?

Recently, an American expat working in China approached me for advice about his situation where he was ordered by local tax authority to pay individual income tax that is inadvertently evaded in the past five years.

The USA expat was originally dispatched by American parent company to offer engineering support to Chinese plant. He was however paid by the parent…

Individual Income Tax Liabilities for Expatriates in China

For foreigners lured into China labor market, there are many things for them to ponder over before heading to China soil. One of the critical things that need to be clearly addressed is the tax implication of working in China, namely, whether you need to pay individual income tax in China, and how and how much you need to pay China individual income tax.

For those…

Scams aimed at expats in Shanghai/China

[Notes: This is an article quoted from Global Times website (click here¬†for details). Expats often fall victims to such scams and deceptions. Very often, there is no way to recover your loss either because you don’t even know where the bad guys are, or because it is such a small amount that you don’t bother to find it back. Hower, in particular, I would

How a personal injury case is handled in Chinese courts?

With more and more foreigners coming into China for work or for travel, it has seen a number of cases where foreigners fall victim to personal injuries (typically in road accidents), and it is often inevitable to resort to courts in China to settle the compensation disputes arising therefrom.

It is terrible to be caught in a road accident in a foreign country, …

Spiritual damages in tort cases in Shanghai, China

[This is an old post written by the blogger of this blog. What is discussed about in this article has been remaining unchanged.]

Under Chinese laws, in a tort case involving severe violation of personal interests (bodily integrity, fame, privacy etc.), victims are often granted both economic damages and spiritual damages.

If you are unfortunately caught …

LAW OF SUCCESSION OF THE PEOPLE’S REPUBLIC OF CHINA

[Please note that this English version of Chinese succession law is quoted from Internet resource, and is not work product of the author of this blog, Jason Tian. If you have any question about the accuracy of the text or you want to get clearer about any aspect of this law, you can contact Jason Tian for help using “Contact” on this blog.]

LAW OF SUCCESSION…

Make a gift of real estate in China

I did a post, √Ę‚ā¨Ňďhow does a foreigner inherit real properties in China?√Ę‚ā¨¬Ě, some while ago in which I suggest people thinking of making a gift of their properties to their beloved ones as an alternative of passing the properties to their children, spouses or other family members after death. Hence, there have been inquiry emails from foreigners regarding how…

How does a foreigner inherit real properties in China?

,You may have understood a little bit about how the inheritance/succession law operates in China after reading one of posts here “inherit a real property in China“. I have received a few inquiries on how they should make preparation in order to inherit a house in China. As those questions are quite generic in nature, I summarize the related information…

Inquiry on notarization of will made out of China

The following is an inquiry I receive from a HK lawyer regarding notarization of wills. As it may be a general issue among people living outside China mainland, I publish the question and answer here for your reference.

Dear Sirs,

I am a Hong Kong solicitor. I have a client who want to make a will in Hong Kong but she has property in Shanghai.
I will write a will for her.…