Asia Expats Forum

erexchen · Joined: 26 Sep 2006 Posts: 11 Location:

Hi, guys, I am a Chinese lawyer with our office in Shanghai China. I am concentrating my practice on foreign related matters, such as marriage & divorce, employment, visa, company matters. Please feel free to contact me if you need any legal advice. Initial inquery will be free of charge. My email is erexchen@handylawfirm.com. Thank you!

erexchen · Joined: 26 Sep 2006 Posts: 11 Location:

A. How to get married in China.

when an expat and a Chinese want to get married, they should fulfill a legal formality and register their marriage in the Civil Affair Bureau.

Documents needed for the marriage regsitration:

For the Chinese:

1. His/her HU Kou book and ID
2. His/her statement which indicates that he or she has no spouse and has no direct family relationship with the expat. (I may send you the sample of the statement form if you require)

For the expat

1. his/her passport;
2. his/her statement which is the same as the Chinese. However, such statement made by the expat should be notarized and legalized accordingly. Furthermore, the statement shall be translated into Chinese by the designated Chinese translation company.

Both the Chinese and the expat shall be present in person for the marriage registratrion. The address of Civil Affair Bureau is as follows

Floor 3E
Everbright Convention & Exhibition Center
82 Cao Bao Road, Shanghai

Should you have further question, please feel free to contact me at erexchen@handylawfirm.com

erexchen · Joined: 26 Sep 2006 Posts: 11 Location:

B. How to get a divorce in China?

When a couple want to get a voluntary divorce in China, they are not necessary to get the divorce through filing a lawsuit before the court. A lawsuit is usually needed in case that any party disagrees with the divorce, or both parties have disputes on the settlement of property or the issue of fostering children.

The couple can go directly to the Civil Affairs Bureau for a divorce if:

a. they have reached consensus on a voluntary divorce;
b. they have reached consensus on the issues of fostering children, property, debts, etc.. Ususally a divorce agreement shall be concluded by both parties under the guidance of a professional lawyer;
c. they got married originally in China and held the marriage certificate;
d. each party has the full civil capacity;
e. they should go together in person to the Civil Affairs Bureau and acquire the divorce certificate.

Documents needed for the divorce

For the Chinese

a. his/her Huko Book and ID Card;
b. his/her original marriage certificate;
c. the divorce agreement;

For the expat

a. passport
b. his/her original marriage certificate
c. divorce agreement

Should you have further question, please feel free to contact me at erexchen@handylawfirm.com

erexchen · Joined: 26 Sep 2006 Posts: 11 Location:

C.How to set up a rep office in China

a. A rep office is not a legal entity in China. It cannot directly engage in profit-oriented busiss, such as conclusion of a purchase contract. Usually, such puchase contract shuold be concluded between its headquarter out of china or its legal subsidy and the seller in Cina.

b) A rep office is allowed to conduct activities such as business contact, product exhibition, market research or technology exchange etc in China.

c) the business term for a rep office is 3 years. it can apply for renewing within 30 days before the term expires.

d) Procedure for setting up a rep office

(i) a local authorized agent is required for applicaiton of setting up a rep office in China,
(ii) materials needed
1. the investor's business certificate
2. the investor's bank credit certificate
3. the passport copy of the legal representative
4. lease agreement and the property ownership certificate
5. materials regarding the investor company and its directors, the appointment paper and CV of the chairman and members of BOD

Mike · Site Admin Joined: 07 Sep 2004 Posts: 4512 Location:

Thanks for the info

How about getting an international drivers license in Shanghai-I mean a license that can be used in other countries. is that possible?
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RahulDG · Scribe Joined: 06 Jul 2006 Posts: 1218 Location:

The easiest way to get a regular driver's license is to go to a "third party", pay the "right amount" (usually out the ass), and you get a license with no hassles ... suspect this works for the international driver's permit too.

occasion

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tongzhi · Joined: 06 Oct 2004 Posts: 9 Location:

are foreign companies allowed to develop properties like condominium city etc., what are the procedure? is it the same for every city in china? you are great help..
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RahulDG · Scribe Joined: 06 Jul 2006 Posts: 1218 Location:

tongzhi · Joined: 06 Oct 2004 Posts: 9 Location:

thanks, now that it is pursuable, i am wondering if mr chen will reply...or anyone.
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Photo of my sponsored orphan in Myanmar.
If you dont climb the mountains, you wont see the plains, get a better perspective!
For decors and desirables, look through our webpage, http://ethniceast.tripod.com/

RahulDG · Scribe Joined: 06 Jul 2006 Posts: 1218 Location:

erexchen · Joined: 26 Sep 2006 Posts: 11 Location:

tongzhi wrote:
are foreign companies allowed to develop properties like condominium city etc., what are the procedure? is it the same for every city in china? you are great help..

Dear Tongzhi:

Thanks for your question. I suppose you want to know something about property investment by foreign company. Is that right?

Preconditions are set by the PRC laws with regards property investment by foreign companies or individuals.

Basically, foreign company is not allowed to develop property (such property is not for the use of itself) drectly if it has no subsidy, such as WOFE or JV, in china currently. Subsidiary herein excludes rep office or branch which is not a legal entity in China.

If a foreign investor has a subsidiary in China, it can apply for the approval of property investment according to Chinese law.

For foeign-invested company whose total investment exceeds 10 million USD, the registered capital should be no less than 50 percent of the total investment amount.

Approval Certificate and business license shall be acquired in the local commercial department and administration for industry and commerce.

Regards,
Erex Chen

erexchen · Joined: 26 Sep 2006 Posts: 11 Location:

How to apply for Chinese trademark

A lot of foreign companies or individuals will consider protecting their trademark right by registering their trademark in China when or before they enter into Chinese market for conducting business.

The first and most important step is to register the trademark according to Chinese Trademark Law. For the purpose of registration, the following documents and materials are necessary:

A. Instruction letter

The Instruction Letter will include the name and address of the applicant, goods/service classification on which the trademark is used, etc.

B. Power of Attoreny

C. Trademark pic, totally 15 copies

D. The Chinese translation of the foreign applicant name and address

E. Priority. If the applicant asks for priority right in China, he shall submit such requirement when filing the application to SIPO, and meanwhile providing relevant documents for his priority. Such documents issued by a foreign trademark authority shall include the first application date and application number in that foreign country. Usually, the documents of priority are allowed to be submitted within 3 months upon the application to SIPO.

erexchen · Joined: 26 Sep 2006 Posts: 11 Location:

Conditions for marriage

(1) Marriage shall be based on the complete willingness of both man and woman. No party may coerce the other party to enter into marriage, and no third party may interfere with the marriage.

(2) In order to get married, the man shall not be younger than 22 years old and the woman shall not be younger than 20.

(3) Marriage shall be prohibited in any of the following circumstances:

a. if the man and the woman are lineal relatives by blood or collateral relatives by blood up to the third degree of kinship;
b. if either the man or the woman is suffering from any disease that is regarded by medical science as rending a person unfit for marriage.

(4) The man and woman who apply for marriage shall go to the marriage registration authority in person to get registered. If they meet the requirements of this law, they shall be registered and be given a certificate of marriage. The obtaining of a certificate of marriage means the establishment of the relationship of husband and wife. Those who live as husband and wife without registration shall go through remedial registration procedures.

(5) If any of the following circumstances occurs, the marriage shall be invalid:

a. if either party is a bigamist;
b. if both parties are in the kinship that is forbidden from getting married by law;
c. if any party has suffered from any disease that is held by medical science as rending a person unfit for getting married and the disease has not been cured after marriage;
d. if any party has not come up to the legitimate age for marriage

erexchen · Joined: 26 Sep 2006 Posts: 11 Location:

Property Division:

A. The following properties incurred during the existence of marriage shall be jointly owned by both husband and wife:

a. wages and bonuses;
b. any income incurred from production or management;
c. any income incurred from intellectual property;
d. any property inherited or bestowed, with the exception of those as mentioned in the following B©;
e. other property that shall be jointly owned. Both husband and wife shall have equal rights in the disposal of jointly owned property.

B. The following property shall be owned by either the husband or the wife:

a. the pre-marital property that is owned by one party;
b. the payment for medical treatment or living subsidies for the disabled arising from bodily injury on either party;
c. any property inherited or bestowed according to agreement inclusively by one party
c. the articles of living specially used by either party;
d. other property that shall be used by either party.

C. Husband and wife may come to an agreement whether the property incurred during the existence of marriage or prior to marriage to be owned by each party, to be jointly owned or partially owned by each party and partially owned by both parties. The agreement shall be made in written form. Where there is no such agreement or it is not explicitly agreed upon, A and B shall apply.

D. The agreement concerning the property obtained during the existence of marriage and pre-marital property shall be binding upon both parties.

If you have any enquiry, please feel free to contact me. erexcxl@yahoo.com.cn

erexchen · Joined: 26 Sep 2006 Posts: 11 Location:

continue...

F. In any of the following circumstances which has led to the divorce of husband and wife, the innocent party shall be entitled to claim damages:

a.bigamy;
b.cohabitation between a person who has a spouse but co-habitats with a third person;
c.familial violence;
d.maltreating or deserting any family member.

G. If, at the time of divorce, any party conceals, transfers, sells or destroys the property jointly owned by both husband and wife, or fabricates any debt in an effort to seize the property of the other party, the person who conseals, transfers, sells or destroys the jointly owned property or fabricates the debt may, in the partition of jointly owned property, have a smaller or even no share. If any party discovers any of the afore-mentioned acts after divorce, he or she may file a suit at the peoples court to apply for repartitioning the jointly owned property. The people's court concerned may punish any of the acts that hampers the civil litigation concerning the afore-mentioned acts according to the civil procedure law.

All above information is about Chinese Marriage Law. If you have any question, please feel free to contact me erexchen@handylawfirm.com