Borrow or Lend Money in China: Rules Governing Private Lending

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Estimated reading time: 5 minutes

Recently, one of our clients is involved in a thorny private lending dispute in China. In providing legal advice to the client, we searched the latest regulations and related cases from which we obtained some valuable information to share. Here we summarized the key points which should be paid attention to in private lending…

The Cooling-off Period in Divorces and Its Impacts

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Since January 1, 2021, with the promulgation of the Civil Code, the cooling-off period of divorce has been officially implemented in the divorce registration process, which has aroused widespread concern in the society. Some people suggest that this is conducive to preventing impulsive divorce and providing the spouse with the opportunity to repair their…

The Requirements on Documents in Foreign-related Civil Cases in China

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When disputes occur, foreigners and oversea Chinese may be involved in civil and commercial litigations in China, either as plaintiffs or defendants. As a cross-border legal service provider at Shanghai Landing Law Offices, we have been helping foreign clients in their legal battles in China courts for more than a decade.

Compared with domestic cases, foreign…

When a Common Law Court Decides on Inheritance of China Real Properties: a Lesson from Vucicevic v Aleksic (2020)

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I was referred to this judgment of UK court on the STEP Forum for UK practitioners.

It is interesting to see the problem arising in that case: a duly issued court decision by a UK court cannot be enforced in Montenegro simply because the UK court judgment failed to clearly describe the accurate address of the property in question.

I am a bit surprised by the fact that…

Steps for Incorporating a Foreign Direct Investment Company in China

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It is sad that to date the whole world is still clouded by the Covic-19 pandemic, and we have all had a hard time for the virus.

world pandemic demographic as of October 22, 2020

Though China was initially hit hardest early January and February, the country has however miraculously contained the virus quickly and effectively. Consequently, after a period of stringent…

Should I Write a Separate Will for My China Assets?

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This question has been raised frequently over time. A recent inquiry was from a client in UK who has a couple of real properties in China. Upon working on his estate planning, he wondered whether he should write a single will covering both his UK and China assets or write a separate will for China assets. By the way, the inquirer is British, domiciled and habitually…

Right of Residence and Cross-border Estate Planning for Properties in China

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Right of residence? Something you may have not heard of before in China. It is no wonder since this new legal concept is just recently created in China Civil Code, which has yet to take effect on January 1, 2021.

Mother's right of residence and my tax bill
Your Home Owned by Others

I. What is Right of Residence?

First, right of residence is a right in real properties, and to be more specific, a right created in…

Corporate Seal Fraud in China: the lesson learned from Tencent and Lao Gan Ma brawl

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Just recently a piece of news has spiraled quickly among netizens in China. It is an interesting story between two most well-known Chinese companies: Tencent and Lao Gan Ma.

Tencent launches new social media apps for countering competition ...
WeChat is dominating every smart phone in China.
联名口红,魔性广告,老干妈为何在做辣酱的路上越走越偏?-看点快报
Lao Gan Ma Chili Oil, dominating Every China Family Tables

I. What Happened

On June 29, a court decision showed that Tencent had applied to…

Shenzhen Property Market Update: Serious Curbing Measures Issued

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Today, July 15, 2020, Shenzhen local municipal government stepped up new measures to curb local frenzy property market that has made many observers drop jaws.

However, in all other first-tiered cities like Beijing and Shanghai, the property markets have been pretty steady without much obvious rise or fall esp in Shanghai where I live and work, making Shenzhen…

Cross-border Estate Planning: China Round-Trip Investment Rules

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To many, estate planning is just a part of family law practice having little involvement of corporate and investment laws. It is no longer true in today’s world when clients often have their major assets in the form of ongoing businesses, i.e., companies or corporations.

I. Why Round-Trip Investment Is Relevant

There has been growing demand among Chinese…

Inheritance by Foreigners of Personal Properties in China: Bank Deposits (II)

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We have written a lot of posts related to inheritance of real estate (real properties) in China. Frequently, we get inquiries about and deal with inheritance of personal properties such as stock/equity interests in a company or bank deposits/cash in China.

It is worth a separate post because the rules regarding inheritance of personal properties are quite…

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