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Free sample lease agreement / lease contract by China real estate lawyer

Capacity to Contract:
The parties to the real estate lease contract must have the legal capacity to enter into the agreement. Age, mental competency and other issues are considered. A minor could not enter into a lease, thus this requirement would not be satisied and the lease would not be valid.
Legal Objectives:
The purposes of the lease must be legal. If the property to be leased is to be used for illegal purposes, the lease would be invalid.
Offer and Acceptance:
All terms of the contract must be agreed upon by both parties. The owner or landlord would offer these terms to the tenant and the tenant would accept them, signified by their signatures to the lease.
Normally, consideration for a valid lease contract is in the form of rental payment(s). However, it could be in some other form, such as a trade of labor or property improvements for tenancy. Rent is normally fixed for the life of the lease, and cannot be changed unless agreed to in writing by both parties.

LEASE CONTRACTLandlord: Peter Chu    ("Party A")


China Free Marital Settlement Agreement (Minor Children)/divorce agreement

Marital Settlement Agreement/Divorce Agreement (Minor Children)

About this Form:  This is a marital settlement agreement that may accompany the No-Fault Divorce form for use within the State of New York. This agreement is intended to help the parties formalize an allocation of their property and finances and matters relating to child custody and visitation. Most courts will require a marital settlement agreement filed in conjunction with a COMPLAINT FOR DIVORCE within China.



A New Trend of China Employment Law: Employer Bears Burden to Prove Employees Took Unapproved Leaves of Absences

In several recent cases where employees were terminated for unexcused absence from work, the courts and employment dispute arbitration tribunals held that the employer must bear the burden of proving that such leaves of absence were not approved by management.

In March 2010, an employment dispute arbitration tribunal in Liaoning Province ordered reinstatement of an employee who had been summarily terminated for taking leave without approval by the company. The employee had requested sick leave through text messages and phone calls to the manager, who did not respond explicitly with an approval or a disapproval.


How to find a good China lawyer

China lawyers get a bad rap (can a million China lawyer jokes really be wrong?), but there are times when legal representation can really come in handy. China lawyers can be useful for happy occasions -- like when you're incorporating a new business or buying a house. A good China lawyer is also essential when dealing with trying times -- when you need to file or defend a lawsuit, when you're accused of a crime, or when you're struggling with bankruptcy or divorce.

There are a lot of China lawyers out there -- good and bad. The prospect of finding the right attorney for your particular situation can seem daunting, especially if you've never hired a China lawyer before or have limited funds. The following steps can help you find the right China lawyer for your case -- and you may even qualify for free or low-cost legal services.


How to find a divorce lawyer in China

If you've decided to hire a divorce lawyer in China, you need to think of this process as a marathon, not a sprint. Do not settle on the first attorney you call and do not assume that a higher billing rate means a better lawyer. Take your time if you can. Ask friends and family if they know any good divorce lawyers. If they've gone through a divorce, get the names of lawyers they believe did a good job. Don't be surprised if they give you the name of their spouse's lawyer. If you have a friend who's a lawyer, ask your friend who he would hire for a China divorce lawyer, and why.


What is limited liability partnership (LLP) in China and how to reach a partnership agreement

A limited liability partnership (LLP) is different from a general partnership or a limited partnership. An LLP differs from general partnership because all partners in an LLP are shielded from wrongful acts or negligence of other partners.

An LLP combines characteristics of partnerships and corporations. As in a corporation, all partners in an LLP have limited liability, from errors, omissions, negligence, incompetence, or malpractice committed by other partners or by employees. Of course, any partners involved in wrongful or negligence acts are still personally liable, but other partners are protected from liability for those acts.


What is the advantages and disadvantages of limited liability company in China

Each state has different rules governing the formation of a limited liability company. For instance, in North Dakota, a foreign LLC is not allowed for banking or farming. Some states will want a publication notice with the local newspaper that a company has been formed. Check with your local state office for further details.

This article should provide you with the basics of limited liability companies and help guide your decision of company business formation. Each state's laws differ as well as each company situation. It is advisable to seek tax and legal counsel to determine the best choice for your individual circumstance.


How to set up a C corporation in China

A limited liability company is similar to US C corporation. Creating a C Corporation is more complicated than forming a limited liability company or a sole proprietorship, but there are several tax benefits your company could enjoy.

This is a brief guide for creating a C Corporation, which also is called a regular corporation. Please consult financial and tax advisers for more detailed information.

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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.