PRACTICES

To maximize the protection of your legitimate rights and interests
JINCHENG TONGDA & NEAL
REAL ESTATE, CONSTRUCTION AND INFRASTRUCTURE
OVERVIEW

JT&N is a pioneering law firm in China’s real estate industry. The firm’s real estate group advises clients on the full spectrum of legal issues affecting real estate projects and transactions, including project development, government examination and approval of projects, financing, construction, sales and property management, and real estate project transfers.

JT&N is at the forefront of new businesses in the real estate industry, including real estate investment trusts (REITs) and asset securitization, and has established close cooperative relationships with leading trust companies and securities companies, enhancing our ability to provide our clients with the highest level of legal service.

Our lawyers have proven expertise in the negotiation and settlement of disputes arising from the many contracts central to the real estate industry, including design contracts, construction contracts, property sales contracts, tenancy contracts and mortgage contracts, as well as disputes in connection with real property management, cooperative real estate development and real estate project transfers.

The firm advises clients on a wide range of real estate transactions and legal matters, such as:

Establishment of real estate development companies – JT&N assists clients in drafting project feasibility study reports and cooperative development plans as well as structuring and drafting the underlying documents for the establishment of the development company, such as contracts, articles of association and other related documents. Our lawyers also assist clients in company registration, qualification examination and verification procedures.

Real estate project proposal and approval – We actively support our clients in designing and drafting real estate project proposals and guiding them through the often lengthy process of obtaining necessary governmental approvals.

Land use right transfer and assignment – JT&N brings its extensive experience to bear on behalf of clients in managing and overseeing land requisition, land transfer and land assignment procedures, drafting and reviewing agreements regarding compensation for land requisition and settlement, and structuring, negotiating and drafting land assignment and transfer contracts.

Removal and settlement – The firm takes an active role in helping clients understand the options and formulate removal policies, manage demolition issues, settle disputes which may arise out of removal or demolition, draft and review removal relocation agreements, and draft removal settlement announcements and agreements.

Project construction – Our real estate partners and lawyers work with clients to prepare bidding documents, review engineering agreements and sub-contract agreements, and raw material and equipment purchase contracts; and have the experience and expertise to supervise the performance of engineering and equipment purchase contracts.

Real estate sales and tenancy – JT&N assists clients in preparing sales and tenancy plans, selecting agents and advertisement companies; drafting and examining pre-sale contracts, sales contracts, tenancy agreements, agency sales agreements, advertisement agreements, management pacts and other related documents. We arrange the execution of pre-sale agreements, tenancy agreements and management pacts, and undertake such procedures as pre-sale tenancy registration and real property title transfer.

Real estate mortgage financing, bank mortgages – The firm provides legal opinions to government supervisory and approval authorities on the legal aspects of financing through the mortgage of land use rights, real estate under construction or complete real estate; our lawyers negotiate, draft and review loan contracts, mortgage contracts and other related documents, conduct mortgage registration and mortgage release procedures and assist in the disposal of mortgaged property during foreclosure proceedings.

Real property management – Our real estate group advises clients on the establishment or appointment of real property management companies, and can assist management companies to organize property-owners’ general meetings and establish property-owner management institutions, as well as draft the legal documents among the management companies, property-owners and their agents. We draft and review real property management pacts, real property management bylaws and other legal documents.

Real estate project transfer – JT&N has extensive experience and expertise in conducting legal due diligence on project companies and real estate projects to be transferred, and in the drafting and issuance of due diligence reports. On behalf of our clients the firm participates in negotiations, drafts, revises and reviews related agreements, and provides “one-stop” legal services in connection with virtually all legal issues related to a project transfer.

Real estate investment trusts (REITs) – JT&N advises clients on the legal environment and regulatory requirements for the implementation of REIT projects, analyzes legal risks of projects and provides legal opinions; participates in the planning and design of REIT products and profit structures provides legal analysis of REIT products; drafts contracts and other legal documents related to REITs; supervises performance of contracts and handles issues in connection with legal procedures; tracks the entire process of contract performance, evaluates legal risks arising in the performance of the contracts and handles any legal issues arising therefrom.

Asset securitization – We advise initiators on structuring and analysis of legal risk and opportunity at the early stages, design feasibility plans for asset securitization, draft legal documentation for asset securitization; and conduct due diligence on the asset pool to be securitized.

Real estate dispute settlement – The firm represents our clients in connection with the settlement of disputes related to project design contracts, construction contracts, sales contracts, tenancy contracts, mortgage contracts, cooperative real estate development and project transfer.


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