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Naidong（Michael）Ma
Ma Naidong Senior Partner
Finance
Dispute Resolution
Corporate and M&A
Criminal Law
Detailed introduction
Michael Ma is the Senior Partner of Dacheng Shanghai Office, Fellow member of the International Academy of Family Lawyers (IAFL), TEP member of the Society of Trust and Estate Practitioners (STEP), consultant of the Development Research Centre of Fudan University, part-time mentor for postgraduate students at the Law School of Shanghai International Studies University, and Shanghai Zhangjiang Notary Office estate management expert.
In November 2022, Michael was listed as a Special Recommended Lawyer in the Private Wealth Management category in the Legal 500 2023. In November 2023, he was listed as a Leading Lawyer in the Private Wealth Management in the Legal 500 2024. In January 2024, Michael was nominated for the Private Client Lawyer of the Year at the Asia Legal Awards 2024, presented by American Lawyer Media.
Michael specialises in handling disputes involving ultra-high-net-worth families/family businesses, both domestically and internationally. This includes divorce disputes and inheritance disputes among the first or second generation in the family, and the commercial, administrative, and criminal disputes arising from the family disputes. Additionally, he focuses on providing legal services for wealth protection and estate planning in a global context. The specific services provided by Michael to ultra-high-net-worth families/family businesses include:
(1) In the field of family law disputes, Michael is well-versed in both domestic and international laws and legal practices. He closely collaborates with senior lawyers from Dentons' offices from various countries and regions such as Canada, Australia, Singapore, and Hong Kong. He has successfully represented numerous divorce and inheritance dispute cases with values over billions RMB. The legal issues that Michael has dealt with in previous family law dispute cases include, but are not limited to:
- Global due diligence on marital assets: Providing comprehensive and in-depth due diligence, evaluation, and legal analysis on the Chinese entrepreneur's direct or indirect ownership of companies, businesses, assets, etc., both in China and overseas, especially for spouses who have long-term residence abroad.
- Procedural disputes:
o Forum shopping and parallel litigation in different jurisdictions with different adjudication rules and conflicts of international/interregional private laws.
o Jurisdictional disputes in Chinese courts after a Chinese citizen acquires foreign citizenship.
o Jurisdictional disputes in Chinese courts over damages to offshore company shareholders' interests following divorce.
o Jurisdictional disputes in the equity inheritance cases and divorce cases.
o Recognition and enforcement of foreign court judgments by Chinese courts.
- Substantive disputes:
o Determination of equity entrustment relationships in different jurisdictions.
o Validity of prenuptial and nuptial agreements in different jurisdictions.
o Disputes regarding the revocability of premarital property gifted to spouses based on marital property agreements.
o Disputes over the revocation of divorce agreements reached through fraud.
o Disputes over the effectiveness of asset transfers from one spouse to direct relatives or third parties during periods of deteriorating relationships.
o Disputes over the eligibility of heirs.
o Disputes over the scope of heirs and beneficiaries.
o Disputes over the timing of inheritance rights in equity inheritance disputes.
- Expert opinions
o Providing expert opinions on Chinese law to foreign family courts.
o Testifying as an expert witness in foreign family courts.
As a Fellow member of the International Academy of Family Lawyers (IAFL), Michael collaborates with other IAFL members to provide the best solutions for Chinese ultra-high-net-worth clients in family law disputes.
(2) In the field of corporate law, Michael has extensive experience in representing a series of commercial disputes that arise after the sudden death of the actual controller of a company, including internal conflicts over control rights among family members and external conflicts between family members and other shareholders of the company. The legal issues that Michael has handled in previous corporate law dispute cases include, but are not limited to (some of which have been retried and ruled upon by the Supreme People's Court):
- Disputes over the holder of company licences, seals, and financial records after the death of the company's legal representative.
- Disputes over the corporate will after the death of the legal representative.
- Disputes over the effectiveness of shareholder meetings and board resolutions after the chairman's death.
- Disputes over the infringement of company/shareholder interests after the death of a major shareholder or the actual controller.
- Disputes over control rights between offshore holding company shareholders of domestic entities.
(3) In the field of administrative and criminal compliance, Michael has been involved in handling multiple administrative and criminal legal disputes arising from family conflicts, including:
- Administrative legal disputes:
o Tax evasion.
o Administrative violations in the securities field.
- Criminal legal disputes:
o Embezzlement.
o Misappropriation of funds.
o False Issuance of Invoices.
o False Issuance of Special Invoices for Value-added Tax.
o Concealing or Intentionally Destroying Accounting Vouchers, Account Books or Financial and Accounting Statements.
(4) In the field of private wealth management, based on years of extensive experience in resolving disputes related to major crises faced by high-net-worth families/family businesses both domestically and internationally, Michael is well aware of the significant legal risks including asset entrustment, tax and securities compliance, etc., that Chinese families and family enterprises face in the current macroeconomic environment. Michael is not only experienced in making up after the crisis emerges, but also strongly believing in taking proactive measures, and leads professional institutions as well as individuals at home and abroad to provide comprehensive, accurate, and personalised wealth protection and estate planning services to clients, including:
- Pre-marital and marital property planning with cross-border and inheritance perspectives.
- Will Planning.
o Choice of law for wills from a cross-border perspective.
o Drafting wills.
o Serving as executor of wills.
- Equity inheritance arrangement planning.
o Corporate restructuring.
o Drafting company articles of associations.
o Advising on compliance and governance in corporate operations.
- Providing legal advice on family trusts from an estate planning perspective.
- Arrangement of Lasting Power of Attorney (LPA) Guardianship System
As a member of the Society of Trust and Estate Practitioners (STEP), Michael collaborates with other STEP members to help more Chinese families and family enterprises achieve intergenerational estate planning and sustainable development.
Michael's team provides legal services related to private wealth management to ultra-high-net-worth clients from leading domestic and international institutions, including AIA Insurance, Forbes Global Alliance, and Pudong Development Bank.
Litigation: Family Law
1. Actual Controller of a listed company: In 2023, Michael represented the actual controller of a listed company in a divorce dispute in the Yangtze River Delta region. The key disputes in this case revolved around the actual control of the listed company, and also involved the revocation of gifting clause in the nuptial agreements, and disputes regarding the termination of stock transfer agreements signed by one spouse with a third party during the marriage.
2. Prominent Entrepreneur in China: In 2023, Michael represented the spouse of a major shareholder of a domestic new materials company in a divorce dispute. The dispute not only involved civil legal issues such as the transfer of marital joint property and asset entrustment, but also administrative and criminal legal issues related to capital market regulation and taxation. Through a combination of litigation and negotiation strategies, this case successfully reached a settlement within two months. The client not only obtained a substantial cash compensation of several hundred million yuan but also secured medium-sized operational real estate assets.
3. Prospective Actual Controller of a Pre-IPO Company: In 2021, Michael represented the spouse of the actual controller of a pre-IPO company (which had already delisted from a foreign stock exchange) in a property disputes after divorce. The key disputes in this case involved the revocation of a divorce agreement reached through fraud and the jurisdictional dispute over the infringement of offshore shareholders' interests after the divorce.
4. Actual Controller of a Group: In 2020, Michael represented one of the heirs of the actual controller of a group in a series of commercial and criminal disputes related to statutory inheritance and corporate control disputes triggered by the accidental death of the actual controller. Michael previously represented the actual controller in a divorce dispute with his first spouse. Due to the complexity of the actual controller's family tree as well as the asset structure, conflicts among shareholders intensified over time. This case evolved from civil litigation to commercial and numerous criminal matters. The key disputes in this case included disputes over the qualification of heirs, namely whether the mother of the deceased had the right to inherit; disputes over asset entrustment, including the ownership of various company equities and real estates; and compliance disputes, concerning whether the relevant heirs engaged in illegal or criminal activities during the operation of the family business or the acquisition of proceeds after selling the disputed company equity.
5. Actual Controller of a Real Estate Group: In 2019, Michael represented the spouse of the actual controller of a real estate group in a divorce case. This case is very complicated as it involves great substantial and procedural issues. The substantial issues revolved around the validity of pre-nuptial agreement and entrustment of relevant properties under different jurisdictions, and the procedural issues concerned the forum shopping and parallel litigation in different jurisdictions.
6. Actual Controller of a Foreign Trade Group: In 2018, Michael represented the spouse of the actual controller of a foreign trade group in a divorce case. The disputed assets in this case were located in regions such as the United States, Australia, Vietnam, as well as in BVI and Hong Kong. The case involved global asset due diligence, asset entrustment, parallel litigation in China and Australia, and other legal issues.
7. Entrepreneur in a city in Anhui Province: In 2017, Michael handled a milestone divorce case of an entrepreneur in a city in Anhui Province. In this case, evidence of the other party's in-marriage misconduct and property transfers was successfully obtained during the pre-litigation phase. It was the first time in the city to use the online ""search, seize, and freeze"" measures after the implementation of the ""Provisions of the Supreme People's Court on Several Issues Relating to Handling of Property Preservation Cases by People's Courts."" Deep pre-trial simulations were conducted with the client. At the start of the trial, it was pointed out that the opposing party's legal representative was simultaneously representing the husband and his mistress in related cases, creating a conflict of interest, thus rendering the opposing party completely defeated in the litigation. They were forced to resort to illegal means such as eavesdropping and stalking. The case concluded with a result that exceeded the expectations of the client involved.
8. Second generation of a large real estate group in Zhejiang: In 2016, Michael represented the second generation of a large real estate group in Zhejiang (currently a Chinese mainland real estate stock listed on a foreign stock exchange) in a divorce dispute. In this case, Michael’s team discovered the a land in first-tier cities in China of significant value, owned by the group through due diligence. The case involved a large betrothal gifts and jurisdictional disputes in Chinese courts after Chinese citizens acquired foreign nationality.
9. Actual controller of a Shenzhen Stock Exchange-listed company: In 2016, Michael represented Ms Li, the spouse of Mr. Rao, the actual controller of a Shenzhen Stock Exchange-listed company, in a series of continuous disputes related to bigamy (involving two domestic litigations and one arbitration, and two litigations in Canada). This case has been extensively reported by the Canadian television station CBC. The key disputes in this case include whether the marriage between Mr. Rao and Ms. Li in Las Vegas constitutes the crime of bigamy, the practical difficulties of self-prosecution for bigamy, and the nature of financial transactions between Mr. Rao and Ms. Li.
Litigation: Company Law Related
1. Bahamas Holding Company: In 2020, Michael cooperated with a well-known law firm in the Bahamas in handling disputes over corporate control between the operating entity in mainland China and the holding company registered in the Bahamas.
2. Chinese Sports Event Organiser: In 2019, Michael represented the founder (client) in the dispute over corporate control against the family members of the actual controller. The dispute originated from the sudden death of the actual controller and involved allegations of embezzlement, disputes over company licences, seals, and financial records between the client and the family members of the actual controller, disputes over the transfer of equity between the client and former shareholders who have withdrawn from associated companies, whether the client has harmed the company/shareholders' interests (already adjudicated in a retrial by the Supreme Court), and the company's compulsory dissolution and liquidation.
Non-Litigation Matters
1. Major Shareholders of Domestically Listed Companies: In 2023, Michael led a team of lawyers from Singapore and Hong Kong to provide estate planning for the client. This case involves three main challenges: (1) significant difference of marital property regime under different jurisdictions; (2) determination of the application of law regarding the will; (3) execution of wills and probate considering the ""Arrangement on Reciprocal Recognition and Enforcement of Civil Judgments in Matrimonial and Family Cases by the Courts of the Mainland and of the Hong Kong Special Administrative Region"". Therefore, it requires cooperation with foreign lawyers to provide legal opinions on the establishment of family trusts, in order to avoid legal risks of piercing the family trust in different legal jurisdictions and ensure the smooth inheritance through wills, trusts, and other estate planning tools
2. Major Shareholder of Oversea Listed Chinese Companies (Chinese Concept Stock): In 2021, Michael represented a major shareholder of an overseas listed Chinese concept stock. Understanding that the validity and formality of the pre-nuptial agreement varies significantly under the relevant jurisdictions, Michael made meticulous arrangements for a prenuptial agreement based on the Chinese Civil Code and relevant rules of local precedents regarding the listed company shares held through a family trust.
3. AIA Insurance: Michael signed a strategic cooperation agreement with AIA Insurance as one of the founding cooperative law firms for the AIA Insurance Family Office. Michael provides professional legal services in the areas of wealth protection and estate planning for clients of the AIA Insurance Family Office.
4. Forbes Global Alliance: Michael signed a strategic cooperation agreement with Forbes Global Alliance, a subsidiary of Forbes Group specialising in providing membership services. As a founding partner of Forbes Global Alliance, Michael provides professional legal services in the areas of wealth protection and estate planning for institutional and individual clients of Forbes Global Alliance.
5. SPDB Private Banking Head Office: Michael signed a strategic cooperation agreement with SPDB Private Banking, providing professional legal services in the areas of wealth protection and estate planning for high-net-worth clients holding financial assets exceeding 30 million yuan in the bank.
Expert Witness
1. A high-net-worth individual's family dispute: In 2018, due to a lawsuit in Australia where the plaintiff requested the Australian court to issue a court order prohibiting the defendant from taking legal measures in mainland China, both parties in the Australian litigation jointly commissioned an expert opinion written by Michael from the Australian Family Court on the relevant legal issues concerning property disputes after cross-border divorce between China and Australia. This case involved at least three lawsuits in both China and Australia, and the complexity of which regards the recognition and enforcement of Australian court judgments in mainland China, jurisdictional issues of property disputes after divorce in Chinese courts, and other related legal issues.
"2005 - 2008 LL.M., concentrationin International law, East China University of Political Science and Law
1996 - 2000 LL.B.degree, Nanjing University"
"2008 - 2012 Shanghai Promise Law Firm, Lawyer
2002 - 2005 Zhejiang Longsheng Property Co.,Ltd., Corporate Counsel
2000 - 2002 Jiangsu Longliqi Group Co., Ltd., Corporate Counsel"
legal professional qualification
"Quick Review of the Judicial Interpretation (II) on the Marriage and Family Section of the Civil Code." Official Account of Dacheng Law Firm January 16, 2025
"Cross-Border Inheritance (Ⅴ) – Litigation: Discovery Rules and Litigation Tools." Lexis Nexis February 24, 2025
"Cross-Border Inheritance (Ⅳ) – Litigation: Determination of Applicable Law and Comparison of Substantive Rules in Domestic and Foreign Judgments." Lexis Nexis January 13, 2025
"Cross-Border Inheritance (Ⅲ) – Litigation: Jurisdiction of Foreign Courts and Judicial Systems (Part 2)" Lexis Nexis December 20, 2024
"Cross-Border Inheritance (II) - Litigation: Jurisdiction of Domestic and Foreign Courts and Judicial Jurisdiction System (Part I)," Lexis Nexis, October 23, 2024
“Strategy of Controlling and Defending the Control of Listed Companies in Divorce," Lexis Nexis, October 12, 2024
"Cross-Border Inheritance (I) - Non-Litigation: Domestic Notarial Inheritance and Foreign Probate," Lexis Nexis, September 30, 2024
"Prenuptial Agreement under the PRC law," International Family Law Journal by Lexis Nexis
"Exploring Legal Risks in Equity Inheritance Litigation: The Battle for Corporate Control," Chambers and Partners Family Law 2024: Trends and Developments, May 29, 2024
"Exploring the Legal Risks Regarding the Fabrication of Evidence in Civil Litigation (I)," Wolters Kluwer, April 18, 2024
"Interpretation of the Judicial Interpretation of the Law Applicable to Foreign Civil Relations Law II," Wolters Kluwer, December 4, 2023
"Research on Cross-Legal Issues of Marriage and Family Cases Involving Securities Crimes," Official Account of Dacheng Law Firm, July 2023
"Legal Risks in Equity Inheritance Litigation," Wolters Kluwer, April 2022 (series of articles in electronic version on Wolters Kluwer)
"Exploring the Legal Implications of Chinese Citizens Acquiring Foreign Nationality," Official Account of Dacheng Law Firm, May 15, 2023
"Top Ten Highlights of Marriage and Family Matters in the Civil Code," Zhihe, May 28, 2020
"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," Official Account of Dacheng Law Firm, August 3, 2017
Part-time mentor for postgraduate students at the Law School of Shanghai International Studies University.
In 2025, listed as a Lawyer of Private Wealth Management in the Chambers Greater China Guide 2025
In 2024, listed as a Band One Lawyer of Family/Matrimonial in the Chambers 2024 High Net Worth Guide
In 2024, listed as "Leading Partner for Private Wealth Management in China" by the "Legal 500" for the year of 2025
In 2024, nominated for "Private Client Lawyer of The Year" at The Asia Legal Awards 2024 by the American Lawyer Media
In 2023, listed as "Leading Individual for Private Wealth Management in China" by the "Legal 500" for the year of 2024
In 2022, recognised as "Specially Recommended Lawyer for Private Wealth Management in China" by the "Legal 500" for the year 2023
In 2016-2019 and 2022, awarded the Dacheng Law Firm "Annual Marriage, Family and Private Wealth Management Professional Lawyer
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