International Real Estate - Macau

International Real Estate - Macau

Published September 2022

Author

Lei Wun Kong

Firm: Rato, Ling, Lei & Cortés - Advogados (Lektou)
Country: Macau

Practice Area: Real Estate

  • 555 Avenida da Amizade
    Office Tower 23rd Floor

Guide Content

I initiated my career in this office since 2000. In all these years, I have been providing legal service to local, regional, and international clients in a wide range of areas, offering legal advice to Macau and international companies in their areas of activity, dealing with disputes, arbitration, and participated in different scales of real estate legal cases. Apart from this, as a Macau Private Notary, and at the same time China Attesting Officer, I have been providing notary assistance to local and national clients. This allows me to be able to assist clients in a better way, for example to notarize the power of attorney signed in Macau, so that it can be recognized in Mainland China, and with this power of attorney, it is possible to have further negotiation and have the cross-bordered real estate transaction in a convenient way. This is especially useful when the local client wants to mortgage the real estate located in China to guarantee the loans that the local bank owned. Furthermore, with my in-depth understanding of cross-border legal services, I have often been requested by my clients in dealing with complicated real estate litigations and transactions. 

Despite the heavy workload, I do not forget to participate in the work of the community and support the legal system construction of the Macau community. In addition to working as a lawyer in Macau, I have also been the President of the Association of the Legal Promotion of Macau, Legal advisor for the Zhuhai government, Director of Legal Committee (Macao S.A.R.) under the Council for the Promotion of Guangdong-Hong Kong-Macao Cooperation, and the Arbitrator of the Zhuhai Arbitration Commission. These positions bring me a better understanding for the social responsibility of a lawyer. 

Once I was requested by my clients to reacquire shares of a real estate company, and ultimately to retrieve real estate worth hundreds of millions of HK dollars. The corresponding share transfer agreement has been declared illegal in the Court of Mainland China because the shares were illegally seized by criminal means, and so to get back the shares, I requested a confirmation of this judgement at the Court of Second Instance of Macau. 

One of the arguments I received from the respondent is that the case at that time was in retiral in Mainland China, hence the request of confirmation was not legitimate, and we should only wait for the result of the retrial. To consolidate the arguments of our side, after a deep analysis of the relevant provisions of the retrial system of Mainland China, and intense discussion with the lawyers of Mainland China, I requested them to provide a special legal opinion, and with all these preparation, a very profound and comprehensive reply was presented to the court. At last, the judgment of Mainland China was being successfully confirmed, and the clients ultimately retrieve real estate worth hundreds of millions of dollars. 

In the past years, I have handled a lot of legal affairs involving different regions. The valuable experience is my strong foundation for my further cooperation with Mainland China and Hong Kong lawyers. With enthusiasm, we have established the Joint Venture Law Firm – ZLF Law Firm in Zhuhai, which is the first law firm with strong alliance between Mainland China, Hong Kong and Macau. All these factors contribute to making us able to provide to our clients with the best possible service, time and time again. 

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