Trading and investment – CHINESE LAWYER

Notarization and Authentication in Foreign‑related Succession: Determining the Legal Validity of Cross‑border Documents

August 17, 2026

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.

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Dividing Joint‑Owned Real Estate in China When Getting a Divorce Abroad

August 17, 2026

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| 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.

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Remit Funds for Overseas Project Investment in Compliance with Laws

August 17, 2026

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| 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.

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Underlying Contract and Independent Guarantee

August 14, 2026

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| 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.

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Clauses and Risk‑Control for VAM Agreements

August 14, 2026

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| 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

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Ultra‑Vires Guarantee Risks in Corporate M&A

August 14, 2026

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| 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.

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Trial of Independent Guarantee Dispute Cases （PRC）

August 14, 2026

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| arbitration, Chinese law, corporate law, Trading and investment

In order to properly try cases of disputes over independent guarantees, effectively safeguard the legitimate rights and interests of parties, serve and support the development of the Belt and Road Initiative, and promote opening‑up, these Provisions are formulated in accordance with the General Principles of the Civil Law of the People’s Republic of China, the Contract Law of the People’s Republic of China, the Guarantee Law of the People’s Republic of China, the Law of the People’s Republic of China on Application of Law to Foreign‑related Civil Relations, the Civil Procedure Law of the People’s Republic of China and other laws, in light of judicial practice.

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How to acquire a company or assets in China

March 3, 2025

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| Chinese law, corporate law, Trading and investment

Examine financial statements, audit reports, asset-liability situations, cash flows, and tax payments of the target company to evaluate its financial health and identify potential risks.

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How to register a company in China as a foreign company

March 3, 2025

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| Chinese law, corporate law, Trading and investment

Many regions in China now offer online filing services. Foreign companies can submit application materials through the local government’s online business service platform, such as the E-window Platform in Beijing,Shanghai.

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The requirements and process to register a company in tailand

March 3, 2025

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| Trading and investment

The minimum registered capital for a limited company is 2 million Thai baht, and 25% of it must be paid up within 15 days after the company’s establishment.

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