Real Estate Investment Under China's New Land Use Laws
Mitigating Complex Legal Risks, Seizing New Opportunities
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, January 8, 2008
Recorded event now available
Description
As China’s population skyrockets past 1.3 billion and the demand for living and office space soars, U.S. investors anxiously seek real estate opportunities there. However, investment restrictions, land ownership rules and China’s unique culture make foreign investment complicated.
New Chinese Property Laws became effective in October 2007, providing some direction for investors. However, regulations limiting foreign access to investment in the Chinese real estate market create continuing uncertainty for U.S. investors.
Listen as our panel of real property attorneys explains the current cultural and regulatory environment for real estate investment in China, the legal risks of investing in Chinese real estate and best practices for mitigating those risks.
Outline
- Recently enacted laws impacting real estate investment in China
- 2007 Chinese Property Laws
- Renewal, transfer and termination of land use rights
- Registration of land use and access to registration records
- Eminent domain
- Mortgages
- 2006 regulations for acquisition of land use rights
- Must invest via a China-based foreign invested real property company
- Must obtain approval from Chinese government for capital contributions
- 2007 foreign investment guidance
- 2007 Chinese Property Laws
- Best practices for mitigating investment risk
- Understand China’s unique land issues, e.g., verifying ownership, renewing and transferring land use rights
- Use separate foreign invested real property company for each property purchase
- Use appropriately structured shareholder loans
- Consider joint ventures
Benefits
The panel reviewed these and other key questions:
- How have the 2007 Chinese Property Laws altered the Chinese government's treatment of land ownership?
- What restrictions did the 2006 regulations place on foreign investments in China's real estate market?
- What are some best practices for mitigating the legal risks of investing in Chinese real estate?
Faculty
Steven Dickinson,
Partner
Harris Moure, Shanghai, China
He has over 25 years of experience working with China and advises foreign companies on doing business in or with China. He frequently lectures on Chinese law topics in the United States.
Anna Han,
Senior Counsel
White & Case, Palo Alto, Calif.
She advises companies on investing and doing business in China and writes and speaks extensively on the development of Chinese law. She is also a law professor at Santa Clara University.
Amy L. Sommers,
National Partner
Squire Sanders & Dempsey, Shanghai, China
She has significant experience with corporate structuring, governance and operations issues in China. She advises on a variety of international business and commercial transactions. She counsels clients on ongoing business transactions such as FCPA and anti-bribery compliance, distribution, manufacturing and IP licensing arrangements, customs and other government investigations.
Ordering
Recorded Event
Includes full event recording plus handouts (available after live seminar).
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CD $297.00
plus $9.45 S&H
Available ten business days after the live event
CLE on CD Processing $65.00
CLE Credit
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Customer Reviews
Speakers were knowledgeable enough to talk about the subject matter in an easily digestible manner.
Daniel M. Cleary
Gotham Insurance/New York Marine & General Insurance
I found the content very useful and was impressed by the high quality of each speaker's ability to articulate his presentation.
Andrew Lillie
Hogan & Hartson
The program provided good legal references, good bullet points and good scope.
Tim Thomas
Kolesar & Leatham
Presentations were excellent. I especially benefited from the question and answer session, as the speakers addressed actual situations that affect many of us.
Angelica Toro
Popular
The teleconference contained information that was relevant, useful and up-to-date.
Mark Hegedus
Spiegel & McDiarmid
Real Estate Law Advisory Board
Partner
Ballard Spahr Andrews & Ingersoll
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Of Counsel
Jenner & Block
Partner
Bryan Cave
Partner
K&L Gates
Michelle A. Neumann
Attorney at Law
Jordan Schrader Ramis
Attorney
McGuire Woods
Partner
Howrey