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Real Estate & Construction

PRC land law presents complex challenges to local and foreign investors alike. Frequently, investors underestimate, or are simply unaware of, the unique concepts relating to real estate in China, particularly in relation to land ownership and land-use rights.

With extensive industry experience in, and familiarity with, this area of law, our team provides authoritative advice and solutions for a full range of real estate and land matters throughout China.

Client Services

Sales & Acquisitions

  • Legal analysis of real property and related rights
  • Due diligence on the legal status of real property and related rights, including transfers and grants, and verifying the related documents
  • Real estate transfer, pre-sale contracts and other acquisition documents
  • Property management agreements
  • Legal handover (including registration) of acquired or leased real property
  • Dispute Resolution
  • Mortgage contracts, secured loan agreements and other similar agreements
  • Real estate investment trusts
  • Regulatory issues specific to the construction industry

Leases

  • Master leases to be used by local subsidiaries
  • Legal due diligence regarding the qualifications of landlords
  • Transfer, registration and documentation of leases

Manufacturing Facilities

  • Asset purchases, M&A and OEM arrangements
  • Mortgage and land-use rights registration
  • Environmental and other regulatory compliance issues

Representative Transactions

  • Represented the Reignwood Group (Hua Bin) on its luxury retail and property development projects, its management agreement with Fairmont International Hotels in Beijing, and on the exclusive Pine Valley Golf Resort and Pine Valley Polo Club
  • Advised Starcrest on investments into highly regulated and time sensitive real estate development projects
  • Served as PRC counsel for the US$ 245 million IPO of Xinyuan Real Estate, the first Asian real estate company to be listed on the NYSE, and advised on issues relating to both commercial and residential properties
  • Advised a U.S. hedge fund on its investments in a local real estate developer and a property management company, with a total investment amount of approx. US$ 224 million
  • Advised Intel on issues relating to land-use rights and title transfers
  • Advised Bovis Lend Lease on PRC land law, property development, foreign investment and RMB funds
  • Advised a private European consortium with respect to the renovation and development of the historic and symbolic Qianmen Avenue site in Beijing with a total investment of approx US$ 1 billion
  • Advised Rinker Materials (Cemex) on issues relating to their factory built on collectively owned land
  • Advised Duty Free Shoppers (DFS) on office and residential leases in Shanghai
  • Advised Philip Morris on office leases in major cities in China, and prepared a standard lease for all of its local entities
  • Assisted Sperian Protection on negotiations with a leading local real estate company in Shanghai and prepared the relevant transaction documents
  • Advised Electronic Arts on office and residential leases, and assisted in related negotiations
  • Assisted Tyco International in negotiations on plant and building leases and prepared the relevant transaction documents
  • Advised Semperit on land transfer issues, the construction period extension for its transferred land, and the compensation payment for its plant's relocation
  • Advised Rolex on property appraisals

Government Relations and the 2008 Olympics

TransAsia also enjoys an excellent working relationship with the PRC Ministry of Land & Resources, Ministry of Commerce and other key government agencies.

As a result of our recognized expertise in this area, the Beijing Municipal Housing & Land Bureau and the Beijing Municipal Government Development & Planning Commission retained TransAsia for the clearance and resident relocation issues relating to the 2008 Olympic Village site, and the preparation of all public tendering documents for the construction of the main stadium for the 2008 Olympics.

Publications

Together with the PRC Ministry of Land & Resources, TransAsia conceptualized and produced A Professional's Guide to PRC Land Legislation (Sweet and Maxwell 1999), a loose-leaf, bilingual guide to all aspects of Chinese land law.

Representative Clients

  • APW
  • BAE Systems
  • Beijing Municipal Government Development and Planning Commission
  • Beijing Municipal Housing and Land Bureau
  • Bovis Lend Lease
  • Cemex
  • CSR
  • DFS
  • Electronic Arts
  • Impregilo
  • News Corporation
  • Philip Morris
  • Rolex
  • Semperit
  • Sperian Protection
  • Starbucks
  • Time Warner
  • True Temper Sports
  • Tyco International
  • Xinyuan Real Estate