Professionals
Professionals

Professionals

Michael (Naidong) Ma
Position: Partner
E-mail:naidong.ma@dentons.cn
Office location:Shanghai
Phone:+8621-20283035

Michael (Naidong) Ma has an extensive practical experience of serving high net worth individuals in Private Wealth Preservation, Family Law and litigation fields. His practice includes, but is not limited to, estate planning, marital wealth preservation planning, overseas asset management and the preservation of wealth via wills and nuptial agreements. Michael works closely with a number of overseas colleagues to provide a full package solution of tax compliance for clients in Mainland China, in addition to pre-migration tax matters, estate planning and the process of immigration.

Experience

Non Litigation Matters: Wealth Preservation

  • HSBC China: Signed a strategic cooperation agreement with HSBC China to provide HSBC Jade clients (special clients holding deposits of over one million US dollars) with legal services in wealth preservation and inheritance matters.
  • AIA Insurance China: Signed a strategic cooperation agreement with AIA China to provide AIA high net worth clients with legal services in wealth preservation and inheritance matters.
  • Sunshine Insurance (Jiangsu, Zhejiang and Shanghai branches): Held monthly seminars for Sunshine Insurance in their Jiangsu, Zhejiang and Shanghai branches, and provided legal services in wealth preservation and inheritance of high net worth clients of several major private banks.
  • Private Bank of Credit Suisse (Singapore) Clients: Provided legal services in private wealth preservation and inheritance matters for high net worth clients of the Private Bank Credit Suisse (Singaporean Branch).
  • Commonwealth Bank of Australia Clients: Provided legal services in private wealth preservation and inheritance for high net worth clients of the Commonwealth Bank of Australia.
  • National Australia Bank Clients: Provided legal services in private wealth preservation and inheritance for high net worth clients of National Australia Bank.

Litigation Matters: Family Law and Inheritance Dispute

  • In 2019, acted in a matter concerning the actual controller of a real estate group in a divorce case. The matter determined that the regulations in China and the regulations in another offshore jurisdiction completely differ in terms of the criteria determining ownership of an asset and the validity of a nuptial agreement.
  • In 2018, acted in a matter concerning the actual controller of a foreign trade group in a divorce case in 2018. The assets in dispute were distributed in the United States, Australia, Vietnam, BVI, Hong Kong, and other offshore jurisdictions. The case also involved entrusted assets, Australian tax compliance and Australian immigration.
  • In 2018, was the Expert Witness for the plaintiff in an Australian lawsuit whereby Michael was asked by the Court to give advice regarding legal proceedings in Mainland China. It involved three complex litigations in China and two in Australia.
  • In 2017, acted in a divorce case which concerned an entrepreneur in a city in the Anhui province. Michael unearthed a large amount of evidence against the Defendant who was the husband – revealing that it was the Defendant with his mistress. Michael discovered that he had used recording devices to eavesdrop and attempt to record the client’s conversation and location. The case resolved through mediation, with mental damage compensation of 100,000 yuan, the maximum supported by the Chinese Court in cases of divorce disputes.
  • In 2016, acted in a divorce case which concerned the actual controller of a large real estate group in the west. The group ranks among China's top 100 property developers with a valuation of 5 billion yuan.
  • In 2016, acted in a divorce case which concerned a second-generation divorce case for a large real estate group in Zhejiang. The real estate company ranks among China's Top 50 real estate companies with a valuation of approximately 20,000,000,000 (twenty billion) yuan.
  • In 2016, acted in a divorce case which involved the actual controller of a company listed on the Shenzhen stock exchange in a series of disputes over bigamy (2 lawsuits and 1 arbitration in China, and 2 lawsuits in Canada). The listed company had a market value of 10 billion yuan and its de facto controller holds stakes in more than 100 private companies. The case was extensively reported in detail by the Canadian television station CBC and major Chinese media outlets.

Litigation Matters: Struggle for Control of the Company

  • In 2020, assisted a world-class offshore law firm in the Bahamas concerning a complex internal shareholders' dispute. The dispute concerned the ownership ratio of a control company in the Bahamas with the operating company in Mainland China.
  • In 2019, acted in a shareholders' dispute matter involving criminal and civil disputes amongst them. The matter included criminal disputes concerning the upper level management, in addition to civil disputes between shareholders and creditors - with the compulsory dissolution of a limited liability company.

Insights

  • “Is It Valid to Make a Will Abroad to Pass on Wealth in China?,” Zhihe, March 22, 2019
  • “Commentary on Implementation of new Individual Income Tax Law Regulation in China,” Hubbis, January 23, 2019
  • “The New Tax Law Will Go into Effect Next Week! Can High Net Worth Individuals Still Avoid Tax Overseas?,” Luxinshe, December 27, 2018
  • “The Implementation Regulations of the New Tax Law Will Come into Force Soon, Will High Net Worth Individuals Be Imposed the Expatriation Tax?,” Zhihe, December 15, 2018
  • “A Study on the Influence of Family Law Disputes on Listed Companies, Concerning the Actual Controller Through the Lens of Bigamy,” Zhihe, August 3, 2017