Real Estate Investment Under China's New Land Use Laws

Mitigating Complex Legal Risks, Seizing New Opportunities

CD/DVD of a 90-minute CLE teleconference with Q&A


Conducted on Tuesday, January 8, 2008
Now available on CD/DVD


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

  1. Recently enacted laws impacting real estate investment in China
    1. 2007 Chinese Property Laws
      1. Renewal, transfer and termination of land use rights
      2. Registration of land use and access to registration records
      3. Eminent domain
      4. Mortgages
    2. 2006 regulations for acquisition of land use rights
      1. Must invest via a China-based foreign invested real property company
      2. Must obtain approval from Chinese government for capital contributions
    3. 2007 foreign investment guidance
  2. Best practices for mitigating investment risk
    1. Understand China’s unique land issues, e.g., verifying ownership, renewing and transferring land use rights
    2. Use separate foreign invested real property company for each property purchase
    3. Use appropriately structured shareholder loans
    4. 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

Teleconference on CD

Purchase a CD of the full event proceedings, including Q&A and PDF files of all handouts (available 10 days after the seminar).

For CLE only, this program is pre-approved for self-study credit in AK, AZ, CA, MO, MT, VT, WV.

Self-study CLE credits are also available in CT*, CO, GA, ID, KY, LA, ME, NV, ND, NY*, OR, TX, UT, WA, WI, WY.
Please call us if you will be self-reporting in one of these states. *For CT and NY, Strafford needs to process the CLE — see below to purchase this option

Self-study CPE is not offered on CD purchases.

CD $297.00 plus $9.45 S&H


CLE Processing on CD/DVD (NY and CT Only)

CLE processing for listening to the CD/DVD is available for an additional $65 per person per state in NY and CT.

CLE on CD Processing $65.00

Program Materials

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CLE Credit

Strafford seminars qualify for CLE credits in every state that accredits teleconferences. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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Customer Reviews

The panelists covered the topic well and in depth.

Andrea Mealey

Edwards Angell Palmer & Dodge

Great program.  All three speakers were very knowledgeable and had smooth deliveries.

John Bowers

Fortune 100 Company

The program was very to the point — no fluff.

Brian McNamara

Wright Lindsey & Jennings

I liked the combined depth of information and speed of presentation. Well done!

Andre Dalbec

SAANYS

The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.

Chris Kelly

Mayer Brown

Real Estate Law Advisory Board

David A. Barksdale

Partner

Ballard Spahr Andrews & Ingersoll

Jacob Bart

Partner

Stroock & Stroock & Lavan

Brian W. Blaesser

Partner

Robinson & Cole

Ronald B. Grais

Of Counsel

Jenner & Block

Ren R. Hayhurst

Partner

Bryan Cave

Thomas C. Homburger

Partner

K&L Gates

Michelle A. Neumann

Attorney at Law

Jordan Schrader Ramis

Susan C. Tarnower

Attorney

McGuire Woods

Clark T. Thiel

Partner

Howrey