Xiaoyan He

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Xiaoyan He practices at Henan Jiachen Law Firm in Jiyuan, focusing on commercial leasing for offices, shops, and industrial premises. Foreign-invested tenants often sign Chinese lease forms with deposit, repair, and early termination clauses that diverge from English summaries negotiated with brokers.

Lease essentials include parties' legal names, premises identification, term, rent and adjustment mechanisms, deposit handling, permitted use, maintenance allocation, subletting rules, and default remedies. Attorney He reconciles bilingual versions and requires floor plans and delivery condition checklists as schedules.

Fit-out and restoration obligations generate many disputes at exit. Clauses should define what improvements become landlord property and what the tenant must remove. Fire, environmental, and industry licenses may depend on landlord cooperation letters—timing of those letters should be contractual milestones, not informal promises.

Early termination, force majeure shutdowns, and government-required closures need clear notice and compensation rules. Deposit forfeiture language should be evaluated against Civil Code fairness and penalty adjustment principles. She represents both tenants seeking deposit return and landlords enforcing unpaid rent with evidence of delivery and acceptance.

Subleases and sharing arrangements in multi-tenant buildings create liability chains. She structures consent processes and secondary liability for utilities and property management fees. Registration or filing formalities, where relevant to enforceability against third parties, are checked against local practice.

Foreign headquarters receive English risk memos on personal guarantees sometimes requested from legal representatives, and on how company chops execute leases. Negotiation playbooks cover rent-free periods, delivery standards, and remedies if premises cannot be lawfully used for the intended business scope.

Under the PRC Civil Code, contractual relationships are governed by rules on formation, validity, performance, assignment, termination, and liability for breach. Article 577 provides that a party that fails to perform, or performs inconsistently with the agreement, shall bear liability through continued performance, remedial measures, or damages. Force majeure and change of circumstances doctrines under Articles 180 and 533 may excuse non-performance or permit renegotiation when objective conditions make performance impossible or obviously unfair. Foreign parties should document notice, mitigation steps, and bilingual evidence trails carefully.

Civil procedure in China follows the Civil Procedure Law. Parties typically attempt negotiation or mediation first. Jurisdiction may lie where the defendant is domiciled or where the contract was performed, subject to exclusive jurisdiction rules for certain real estate and company disputes. Evidence rules emphasize documentary originals, electronic data authenticity, and timely submission. Foreign-related cases may involve judicial assistance channels and translation of evidence into Chinese. Arbitration clauses selecting CIETAC, BAC, or other institutions remain common for cross-border commercial contracts.

Compliance planning for foreign individuals and foreign-invested enterprises should address corporate registration, tax filings, foreign exchange settlement, employment contracts, personal information protection, and industry licensing. When disputes emerge, preserving WeChat chats, email threads, stamped contracts, and payment records often determines outcomes more than oral recollection alone.

Attorney Xiaoyan He practices primarily in Jiyuan, Henan Province, and works with Mandarin, English speaking clients. Engagements begin with conflict checks, written scope, and a document request list. Fees and timelines depend on complexity. The objective is practical risk reduction and clear procedural options under current Chinese law. Prospective clients may share key documents for a preliminary assessment of jurisdiction, evidence gaps, and next steps.

Local administrative practice in Jiyuan can affect filing logistics even when national statutes are uniform. Attorney Xiaoyan He monitors implementation details relevant to commercial leasing matters and coordinates with notaries, translators, and technical experts when appraisal is required. File management emphasizes version control for bilingual drafts and hearing calendars. Clients receive periodic status updates with deadlines and decision points requiring business instructions.

Additional counseling on commercial leasing includes template refresh for client documents, periodic policy monitoring, and coordination with tax, HR, and operations stakeholders so legal requirements embed in daily workflows in Jiyuan.