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Real Estate in 32 Jurisdictions Worldwide Contributing Editor: Sheri P Chromow 2012

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Real Estate in 32 Jurisdictions Worldwide Contributing Editor: Sheri P Chromow 2012 ® Real Estate in 32 jurisdictions worldwide Contributing editor: Sheri P Chromow 2012 Published by Getting the Deal Through in association with: Achour & Hájek Advokatfirman Glimstedt Arzinger Barrera, Siqueiros y Torres Landa, SC Biedecki Bin Shabib & Associates (BSA) LLP Divjak, Topi´c & Bahtijarevi´c Law Firm Drakopoulos Law Firm EDAS Law Firm ˙IçtemLegal Attorneys at Law ILA Pasrich & Company Katten Muchin Rosenman LLP Kleyr Grasso Associés Kluge Advokatfirma DA Law Chambers Nicos Papacleovoulou Madrona Hong Mazzuco Brandão – Sociedade de Advogados Nagashima Ohno & Tsunematsu Nnenna Ejekam Associates OMG Oppenländer Rechtsanwälte Orrick Rambaud Martel Reed Smith LLP Schellenberg Wittmer Sultan Al-Abdulla & Partners Thiery & Ortenburger Rechtsanwälte OG Tilleke & Gibbins V&T Law Firm VARUL WongPartnership LLP Zang, Bergel & Viñes Abogados CONTENTS ® Albania Evis Jani and Ekflodia Leskaj Drakopoulos Law Firm 3 Real Estate 2012 Argentina Juan Manuel Quintana, Inés M Poffo, Fernando M Aguinaga and Iván Burin Contributing editor Zang, Bergel & Viñes Abogados 9 Sheri P Chromow Katten Muchin Rosenman LLP Austria Ernst W Ortenburger and Herwig Schönbauer Thiery & Ortenburger Rechtsanwälte OG 17 Business development managers Brazil Maria P Q Brandão Teixeira Madrona Hong Mazzuco Brandão – Sociedade de Advogados 22 Alan Lee George Ingledew China Wang Jihong, Gao Lichun, Zhu Yongchun, Xie Yi, Shi Jie, Zhang Xiaofeng and Gao Lei Robyn Hetherington V&T Law Firm 29 Dan White Marketing managers Croatia Emir Bahtijarevic,´ Marin Vukovic´ and Tena Tomek Divjak, Topic´ & Bahtijarevic´ Law Firm 35 Ellie Notley Sarah Walsh Cyprus Chrysthia N Papacleovoulou and Evi N Papacleovoulou Law Chambers Nicos Papacleovoulou 42 Alice Hazard Czech Republic Gabriel Achour Achour & Hájek 54 Marketing assistants William Bentley Dominican Republic Juan Alcalde and Vilma Santana OMG 61 Sarah Savage Zosia Demkowicz England & Wales Jon Pike and Siobhan Hayes Reed Smith LLP 68 Marketing manager (subscriptions) Rachel Nurse France Real Estate and Tax Groups of the Orrick Paris Office Orrick Rambaud Martel 74 Subscriptions@ GettingTheDealThrough.com Germany Jens Kaltenborn, Christian Gunßer and Thomas D Würtenberger Oppenländer Rechtsanwälte 82 Assistant editor India Amir Singh Pasrich, Madhukar Tomar and Aditi Chawla ILA Pasrich & Company 88 Adam Myers Japan Kenji Utsumi and Hiroto Inoue Nagashima Ohno & Tsunematsu 97 Editorial assistant Lydia Gerges Latvia Gints Vilgerts VARUL 104 Senior production editor Lithuania Robert Juodka, Tomas Venckus, Agn ˙e Mereckait ˙e , Odeta Maksvytyt ˙e and Lina Stroput ˙e Jonathan Cowie VARUL 110 Chief subeditor Jonathan Allen Luxembourg François Collot, Patrick Chantrain and Pascal Sassel Kleyr Grasso Associés 117 Production editor Mexico Juan Francisco Torres Landa Ruffo, Ángel Domínguez de Pedro and Fernando Medina Luna Anne Borthwick Barrera, Siqueiros y Torres Landa, SC 124 Subeditors Davet Hyland Nigeria Nnenna Ejekam and Tony Chris Eze Nnenna Ejekam Associates 132 Caroline Rawson Sarah Morgan Norway Belinda Taranger Ingebrigtsen, Knut Prestvik and Frode Olsen Kluge Advokatfirma DA 137 Editor-in-chief Poland Radosław Biedecki Biedecki 143 Callum Campbell Qatar Salman Mahmood, Rajini Harikrishnan and Karim Hamdy Sultan Al-Abdulla & Partners 150 Publisher Richard Davey Romania Laurentiu Gorun Drakopoulos Law Firm 157 Real Estate 2012 Russia Igor Kurochkin and Alexander Zasorin EDAS Law Firm 165 Published by Law Business Research Ltd 87 Lancaster Road Singapore Dorothy Marie Ng, Tan Teck Howe, Sim Bock Eng and Susan Wong WongPartnership LLP 173 London, W11 1QQ, UK Tel: +44 20 7908 1188 Sweden Jan Litborn and Jan Berg Advokatfirman Glimstedt 180 Fax: +44 20 7229 6910 © Law Business Research Ltd Switzerland Yves Jeanrenaud and Josef Caleff Schellenberg Wittmer 187 2012 Thailand Cynthia M Pornavalai Tilleke & Gibbins 194 No photocopying: copyright licences do not apply. Turkey Serkan I˙ çtem and Zeynep Ünlütürk I çtemLegal˙ Attorneys at Law 201 First published 2007 Fifth edition 2011 Ukraine Timur Bondaryev Arzinger 207 ISSN 1756-7084 United Arab Emirates Jimmy Haoula, Rima Mrad and Amanda Davis Bin Shabib & Associates (BSA) LLP 214 The information provided in this publication is general and may not apply in a specific situation. Legal advice should United States Sheri P Chromow and Andrew L Jagoda Katten Muchin Rosenman LLP 223 always be sought before taking any legal action based on the information provided. This information is not intended to create, nor does receipt of it constitute, a lawyer–client relationship. The publishers and authors accept no responsibility for any acts or omissions contained herein. Although the information provided is accurate as of December 2011, be advised that this is a developing area. Printed and distributed by Encompass Print Solutions Tel: 0844 2480 112 www.gettingthedealthrough.com Katten Muchin Rosenman LLP UNITED STATES United States Sheri P Chromow and Andrew L Jagoda Katten Muchin Rosenman LLP TRANSFER OF REAL ESTATE varies by jurisdiction and property type. As a very general rule, the seller pays transfer taxes, although in New York State, the purchaser 1 Legal system of a single residential property (eg, a condominium or a house) for How would you explain your jurisdiction’s legal system to an investor? an amount in excess of US$1 million also pays a ‘mansion tax’ of 1 Other than Louisiana, which operates under a civil code, each state per cent of the purchase price. In addition, both the New York State and the District of Columbia follow common law. There are three tax and New York City tax are applicable to the sale of individual levels of laws in the United States – federal, state and local. An injunc- cooperative apartments, although such transactions are the transfer tion may be obtained only upon a clear showing of harm when dam- of shares in a cooperative corporation (rather than an direct interest ages will not compensate the party seeking the injunction. in real estate). The New York State transfer tax is 0.4 per cent of the One circumstance in which New York courts have been known consideration in all cases. The New York City transfer tax varies by to issue injunctions (known as ‘yellowstone injunctions’) is in rela- property type and amount, but for commercial transactions in excess tion to cases in which a long-term lease provides that the term of the of US$500,000, the tax is 2.625 per cent of the consideration. lease expires after the giving of a notice (generally a second notice). There are methods to minimise taxes in some jurisdictions, The harm would be irreparable. Accordingly, in such a case the court where, for example, parties often acquire the ownership interests (eg, will enjoin the landlord from terminating the lease until the issues in shares (for corporations), membership interests (for limited liability dispute have been adjudicated. This action of the court is of particu- companies) and partnership interests (for partnerships)) of the own- lar significance if the transfer of the property is made pursuant to a ing entity as opposed to the property. Some jurisdictions, however, long-term ground lease of the property rather than an outright con- including both New York State and New York City, impose a tax on veyance, or if a purchaser of property is contemplating terminating a the transfer of ownership interests in entities that own real estate in lease at the property based on alleged defaults by the tenant. the same manner as transfers of real estate. Courts in the United States normally take into account the In most states, the deed must be acknowledged or notarised behaviour of the parties. A party with ‘unclean hands’ is at a and presented to the local government recording office. In a few disadvantage. states, the ‘Torrens’ system of title registration is still used. Most Rules on parol evidence and requiring agreements to be in writ- jurisdictions impose a recording fee (in addition to any transfer tax) ing to be enforced vary from state to state. Courts will generally rely to record the deed. Again, the custom as to which party pays such on the four corners of the document unless the intent of the parties recording fee varies by jurisdiction and property type. is unclear. In New York, section 5-701 of the New York General Obligations Law provides that every agreement is void unless there is 3 Foreign investors writing with respect thereto if such agreement is not to be performed What other factors should a foreign investor take into account in within a year from the making thereof, subject to the exceptions set considering an investment in your jurisdiction? forth in such section. In general, contracts for the sale or transfer of real estate should be in writing. There are few, if any, controls prohibiting a foreigner from owning real property in the United States. The one limitation that still exists in certain states pertains to ownership of US agricultural and natural 2 Conveyance documentation resources. What are the legal requirements for documents recording conveyance? Reporting is required for foreign persons who: Legal requirements for recording conveyance documents vary from • purchase (directly or indirectly) at least 10 per cent of a US busi- state to state. Recordation is necessary to give notice to potential ness (including real estate ownership), who must file a private purchasers and other third parties of the ownership interests of real report within 45 days (in addition to possible quarterly and property. In New York, conveyances
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