Shanghai Landing Law Firm Malaysia Office

21/01/2023

05/08/2022

Recently, we had several cases regarding how foreigners (including Malaysian citizens) inherit the decedents' assets in China.

According to "PRC Law on the Application of Laws to Foreign-related Civil Relationships" (2011), "The laws of the place where the decedent was usually resident at the time of his/her death shall govern an intestate succession".

That is to say, if the decedent (Malaysian citizen) died in Malaysia where he/she lived for more than one year without a will, the laws of Malaysia will apply for the inheritance of movable property whether it is in China or Malaysia.

"However, the laws of the place where the immovable property is located shall govern an intestate succession to immovable property."

But for immovable properties, if the immovable properties are in China, the laws of China shall be applied. The inheritor shall come to China in person or authorize a China lawyer to deal with the inheritance matters.

07/06/2022

对投资、定居马来有兴趣？了解一个具有迷人风格的国度
Interest in investing in Malaysia or staying in Malaysia？ know more about this amazing country!

21/02/2022

#跨境电商 #贸易

本文回顾和分享近期处理的几起国际贸易典型案例，并对每个案例对应的风控要点进行梳理和总结，供各位从业者参考和加强风险防范。

21/02/2022

Typical cases regarding the international trading during the Pandemic and the risk control

https://mp.weixin.qq.com/s/FMmnp2bPr497-cRora-xWQ?fbclid=IwAR3bshXz5-tiF5NNZlnFySN_7ffAZqwAz-S85YiHChocpqD8z9pwoEXrQ-U

本文回顾和分享近期处理的几起国际贸易典型案例，并对每个案例对应的风控要点进行梳理和总结，供各位从业者参考和加强风险防范。

09/02/2022

Famous TV Host XieNa authorizes Shanghai Landing Law Firm to issue a demand letter.

31/01/2022

Happy Chinese New Year

26/01/2022

A Malaysian lawyer wants to do an individual bankruptcy search in China according to a commercial bank's requirement. However, compared to personal bankruptcy law in Malaysia, a different system for personal bankruptcy applies in China.

Until now, China still lacks a nationwide legal framework to help individuals deal with debt caused by business failure or overborrowing while also ensuring creditors are fairly compensated.

Although there is no nationwide law about personal bankruptcy in China, Shenzhen Special Economic Zone government paves the way for the national rollout of a legal system. The "Personal Bankruptcy Ordinance of Shenzhen Special Economic Zone" is effective on March1, 2021. A Chinese citizen who lived in Shenzhen and continuously pay social security for three years can apply for bankruptcy in a court of Shenzhen. We can search a person whether she/he is in bankruptcy in Shenzhen.

However, there is another definition “Dishonest Parties Subject to Enforcement” in China. In some sense, we regard a dishonest party as a person who has no capability to bear business obligations. We also can do such research for customers.

According to "Several Provisions of the Supreme People's Court on Announcement of the List of Dishonest Parties Subject to Enforcement (Revision 2017)",

Where a party subject to enforcement does not perform the obligations determined in the valid legal document, under any of the following circumstances, the People's Court shall include him/her in the list of dishonest parties subject to enforcement, and implement creditworthiness punishment pursuant to the law:

(1) he/she has the capacity to perform but refuses to perform the obligations determined in the valid legal document;

(2) he/she hinders or resists enforcement by way of forging evidence, violence or coercion, etc;

(3) he/she circumvents enforcement by way of a or more false lawsuits, false arbitration or concealment or removal of properties, etc;

(4) violation of property reporting system;

(5) violation of an order or orders to restrict consumption; or

(6) refusal to perform settlement agreement for enforcement without a valid reason.