How to Inherit in China as a Foreigner

　　My name is Robert. I'm 19 years old. My mother died of heart disease when I was 5. Three years ago, my father went to China to work as a foreign teacher in a big university in Beijing. Two years ago, he was married to a Chinese woman and they had a daughter who is now 8 months old. But last month, he died of an unexpected traffic accident and he hasn't made a will. I'd like to know whether I have the right to inherit his bequest according to Chinese law? How much will I get?

　　Dear Robert,

　　At first, what I want to say is that I'm very sorry to hear the death of your father. As to your question, the answers are as follows.

　　According to the regulations of Law of the People's Republic of China on Succession, spouse, parents and children will have the right of inheritance. There is no doubt you have the right to inherit. And in a foreign inheritance, the law of the domicile of the deceased at his death will apply to the inheritance of bequest, while the inheritance of the immovable will be governed by the law of the placeswheresthey are fixed. Your father has been in Beijing for about three years before his death, so his domicile will be Beijing, China. As a result, the whole procedure of inheritance will be governed by Chinese law. Your father and your stepmother are in joint possession of all the legal income of the duration of the marital relationship between them, including savings, stocks, house, car(s), and other property. Before the inheritance, the income will be dividedsintostwo parts, and the part which belongs to your father will be the bequest. As your stepmother, your sister and you all have the right to inherit, each of you will get 1/3 of the bequest.

　　Open Advertising Companies in China by Overseas Chinese

　　I am a Chineseshavingsdone business in America for many years. I am very proud of being a Chinese especially when China has such a rapid development in recent years. I see from various media that person like me who wants to go back to China to start business is in urgent need in China especially in Beijing. I have a tentative idea of opening a company in Beijing engaging in the design and delivery of advertisements, but I do not know what formalities we shall go through. I sincerely hope you can give me a detailed reply.

　　Dear Mr. Bai,

　　Thank you for your letter. As for the matter is concerned with the establishment of an advertising company, after consulting relevant laws and regulations as well as the local rules and regulations of Beijing, we provide you with these following replies:

　　1. Advertising companies to be established in China shall reach different qualification standards according to their different business scope. Advertising company engaging in the design, production, issue of advertisements as well as being an advertising agent as you mentioned in your letter shall belong to a comprehensive one for which the highest qualification standard is required.

　　2. Advertising company can take the form of either a limited liability company, a joint-stock limited company, a Sino-foreign equity joint venture enterprise, a Sino-foreign contractual cooperative enterprise or a foreign-capital enterprise. According to relevant stipulations of Law of the People's Republic of China on Foreign-Capital Enterprise, we'd like to suggest you establish an advertising Co. Ltd. According to the relevant stipulations of Qualification Standards on Advertising Operator and Advertising Issuer as well as Regulations on Words Clanfied and Used within Advertising Operation, the lowest registered capital of a comprehensive advertising company should not be less than 500,000. The area of business place shall not be less than 100 square meters. Generally, registered capital shall be totally invested for one time unless it is a large amount which can be paid in installments. The registered capital invested shall be paid-in capital.

　　3. Personnel of an advertising company shall be those with relevant qualifications for operating advertisements and they should also have certificates for professional technical post. However those formalities such as the engagement, examination of personnel, and the application for relevant certificates can be gone through after the incorporation of this company.

　　4. It usually takes 30 days to incorporate a company in Beijing commencing from the approval of its name, the examination of capital paid, the completion of various forms to its incorporation.

　　If you think the above-mentioned formalities are overlaborate, you may entrust our lawyer as an agent to lease or buy business offices, to engage relevant personnel, to handle those affairs such as corporate registration, etc. We believe this would save much more of your time and energy.

　　Yours truly

　　Bin Yang