A Lawyer’s Journey Through Cross-Border Inheritance and Asset Transfer
Time:2025-07-22 09:40:46Source:Click:次
In the previous stage, through thorough investigation and relentless efforts, we successfully assisted the client in preparing all necessary legal documents for inheritance and obtained a notarized certificate of inheritance. The next crucial task was to help the client actually acquire the inherited assets and complete the legal procedures for cross-border transfer.
Step 1: Opening a Domestic Bank Account in China
The first major challenge was the bank account. The client did not have a bank account in mainland China, yet receiving the inherited assets required one. Since the client was residing abroad and unable to return to China in person, she entrusted the account opening process entirely to me, the lawyer.
Upon investigation, I learned that not all banks support remote account opening through a representative. After extensive communication with several banks, I ultimately selected a large state-owned bank. We drafted a power of attorney (POA), confirmed the format and requirements with the bank, and had the client sign it abroad. The POA was then apostilled under the Hague Convention and mailed back to China. Once received, we arranged for a certified translation, complete with the translator’s official stamp. With the certified POA, identity documents, and other required materials, I successfully opened a domestic bank account on behalf of the client.
Step 2: Receiving the Inherited Assets from Multiple Banks
With the account set up, we proceeded to the asset collection phase. The inherited assets were diverse and scattered across several banks, which made the process time-consuming. As the legal representative, I made multiple trips to each bank. Each withdrawal or transfer required careful verification of the notarized inheritance documents and identification, often taking half a day per bank — practically "occupying a service window" each time.
Step 3: Obtaining a Tax Clearance Certificate for the Inherited Assets
After receiving the assets, we applied for a tax clearance certificate from the tax authority. I first completed the online reservation, then visited the tax bureau in person. Tax officers meticulously reviewed each amount inherited. Due to the complexity of principal and interest calculations and the involvement of multiple banks, the application process was lengthy. Eventually, we obtained the certificate 10 days after submitting the application.
Step 4: Applying for Foreign Exchange Approval (Critical Step)
Next came the most critical document — the foreign exchange approval for cross-border remittance, issued by the State Administration of Foreign Exchange (SAFE). The application had to be submitted to the SAFE office located in the city of the deceased's household registration. In this case, it was a provincial capital in Northeast China.
Following SAFE’s requirements, I drafted the application letter and completed the necessary forms, which were signed by the client in the U.S. and mailed back. We prepared the full set of supporting documents. Once everything was in order, I traveled to Harbin to submit the application. After several rounds of communication and supplementary explanations, we received the approval notice more than ten days later.
Step 5: Currency Exchange and Cross-Border Remittance
Since the foreign exchange approval was only valid for 15 days, I returned to Beijing immediately upon receiving it to begin the currency exchange and remittance process. This step took two consecutive working days at the bank. Thanks to close coordination and efficient processing with bank staff, the currency exchange and remittance were successfully completed. Three days later, the client confirmed receipt of the full remitted amount.
Conclusion:
The cross-border inheritance and asset transfer process involves multiple complex steps, including account opening, asset collection, tax filing, and foreign exchange approval. Each step requires precise handling and seamless coordination. As lawyers, we are not just legal advisors — we are end-to-end executors who “run the race” both physically and mentally on behalf of our clients.
For further inquiries, please contact Lawyer Gao:
Tel/WeChat: +86 13611158067
Email: gaohexin@163.com