Notarization and Authentication in Foreign‑related Succession: Determining the Legal Validity of Cross‑border Documents August 17, 2026 | No Comments | Chinese law, Trading and investment Significant disparities exist in legal systems across different countries and regions. Ascertaining the legal validity of cross‑border succession documents has become a core challenge in such cases. As pivotal legal procedures for guaranteeing the authenticity and legality of documents, notarization and authentication play an indispensable role. 阅读全文 »
How to Entrust a Lawyer to Handle Asset Transfer after Immigration August 17, 2026 | No Comments | Chinese law After Chinese residents obtain foreign permanent residency or foreign citizenship, they may transfer their assets to their country of naturalization in accordance with international treaties China has acceded to and relevant bilateral agreements. If personal handling is inconvenient or unfamiliar, lawyers based in Chinese mainland may be entrusted for assistance. 阅读全文 »
How Foreign Nationals and Hong Kong, Macao and Taiwan Residents Transfer Inherited Mainland‑China‑Based Assets August 17, 2026 | No Comments | Chinese law Overseas persons (including foreign nationals and residents of Hong Kong, Macao and Taiwan regions) who intend to transfer inherited assets located in Chinese mainland to their overseas place of residence must strictly abide by relevant Chinese laws and regulations, complete a full set of compliance procedures and obtain corresponding approval documents (such as approval instruments issued by foreign exchange administrative authorities). 阅读全文 »
Inheritance Disputes Heard by Chinese Courts: When Foreign Law Shall Apply August 17, 2026 | No Comments | Chinese law When parties who have long‑term residence in countries such as Canada, the United States, Japan or Germany pass away, and heirs or major assets are located in China, inheritance issues need to be resolved through judicial proceedings in China. Questions of applicable law thus arise. Substantial divergences exist among national laws regarding eligible heirs and inheritance shares; the choice of governing law materially affects the interests of the parties concerned. 阅读全文 »
Dividing Joint‑Owned Real Estate in China When Getting a Divorce Abroad August 17, 2026 | No Comments | Chinese law, Jurisdiction, Trading and investment As cross‑border marriages grow more common, an increasing number of couples get divorced overseas while retaining jointly‑owned property in China. Many parties worry that their spouse might secretly transfer their shared domestic real estate during divorce proceedings. A combination of mandatory financial disclosure systems and domestic preservation litigation can protect your legal interests. 阅读全文 »
Remit Funds for Overseas Project Investment in Compliance with Laws August 17, 2026 | No Comments | Chinese law, Trading and investment Compliance serves as the prerequisite and procedural rules form the bottom line for enterprises to remit capital for overseas project investment. The Measures for the Administration of Enterprises’ Overseas Investment establishes full‑chain supervision that implements penetrating oversight over filing entities, investment routes and capital flows. Self‑handling of procedures may easily result in application rejection, capital blockage or even compliance penalties due to policy misinterpretation, document omissions and regional operational disparities. 阅读全文 »
Assists US‑National Client in Successfully Completing Inheritance and Transfer of Real Estate and Securities Assets August 17, 2026 | No Comments | Chinese law Attorney Zhu Min has long specialized in cross‑border inheritance and asset transfer. She has assisted numerous clients from the United States, Canada, Australia, Germany, the United Kingdom, Singapore, as well as clients from China’s Hong Kong, Macao and Taiwan regions with asset transfers covering real estate, bank deposits, equity, wealth‑management funds, trusts and other asset categories. Thanks to professional legal support, thorough document collation and efficient coordination with approval authorities, she has earned high recognition and positive feedback from clients. 阅读全文 »
Underlying Contract and Independent Guarantee August 14, 2026 | No Comments | Chinese law, corporate law, Jurisdiction, Trading and investment Where examination of the underlying transaction is necessary to establish fraud under an independent guarantee, courts shall adhere to the principle of limitation and necessity. A beneficiary’s breach under the underlying contract does not impair its right to present documents and make a demand for payment pursuant to the independent‑guarantee terms. Even if fraud exists under an independent guarantee, people’s courts shall not order suspension of payment under an independent counter‑guarantee where payment under the primary independent guarantee has already been made in good faith. 阅读全文 »
Clauses and Risk‑Control for VAM Agreements August 14, 2026 | No Comments | Chinese law, Trading and investment Classification of VAM Clauses,Commonly‑used VAM clauses fall into the following categories:,Equity adjustment,Monetary compensation,Equity dilution,Transfer of controlling power,Equity repurchase,Equity incentive,Equity preference rights 阅读全文 »
Ultra‑Vires Guarantee Risks in Corporate M&A August 14, 2026 | No Comments | Chinese law, corporate law, Trading and investment Shanghai‑based professional contract‑dispute lawyers remind market participants to pay close attention to risks arising from ultra‑vires guarantees of target enterprises in corporate M&A, investment and financing activities. A guarantee may be held invalid where the creditor fails to perform its review obligations concerning an ultra‑vires guarantee. 阅读全文 »