Finance Trust， Disposal of Non-performing Assets， Corporation and Investment，
Shanghai University Undergraduate Law
Master's Degree in Corporate and Financial Law, University of Hong Kong
First Director of Shanghai Jing'an District Youth Lawyers Association
Mediator of Shanghai Financial Consumption Dispute Mediation Center
Provide comprehensive legal services for multiple trust companies' real estate creditor's rights trust products, including due diligence, legal document drafting and modification, and issuance of legal opinions
Provide full range of legal services for multiple trust companies' real estate equity investment products, including due diligence, legal document drafting and modification, and issuance of legal opinions
Provide comprehensive legal services for multiple trust companies' political trust products, including due diligence, drafting and modification of legal documents, and issuance of legal opinions
Provide full range of legal services related to due diligence, drafting and modification of legal documents, and issuing legal opinions for multiple trust companies' financial and insurance fund cooperation products with banks
Participate in legal services for the disposal and restructuring of multiple trust plans and other asset management products
Main customers: Huabao Trust Co., Ltd., Bank of Communications International Trust Co., Ltd., Lujiazui International Trust Co., Ltd
- Chinese
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2021 01/25
"Trust Practice Issues" No. 8: On the priority right of trust companies to receive compensation for the funds in the collection/settlement account
Question raised:
In real estate financing projects handled by trust companies, in order to ensure the smooth realization of the trust company's creditor's rights, a fund collection/settlement clause is usually set up in the transaction contract, requiring the debtor or a third person to collect a certain proportion of the funds to the designated collection account within a certain time before the financing expires, or requiring the debtor or a third person to deposit the sales proceeds of the loan project or collateral project to the designated settlement account according to a certain amount or proportion, The purpose of collecting/depositing funds is generally limited to repaying debts to trust companies. Can the trust company, as a creditor, have a priority right to receive compensation for the funds in the collection/settlement account when the debtor fails to fulfill its obligations? -
2021 01/12
Key Points for Financial Institutions to Pay Attention to Project Guarantee Measures after the Civil Code (2)
preface
The Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") came into force on January 1, 2021. In order to cooperate with the implementation of the Civil Code, the Supreme People's Court, on the basis of clearing up relevant judicial interpretations, combined with judicial practice, The Supreme People's Court's Interpretation on the Application of the Guarantee Part of the Civil Code of the People's Republic of China (hereinafter referred to as the "Judicial Interpretation of the Guarantee System of the Civil Code") has been formulated and implemented simultaneously with the Civil Code. "What is the impact of the Civil Code and the Judicial Interpretation of the Civil Code Guarantee System on the project guarantee measures of financial institutions? What are the key points of attention for financial institutions to pay when arranging and implementing project guarantee measures after the Civil Code? We have made relevant summaries for reference.". -
2021 01/06
Key Points for Financial Institutions to Pay Attention to Project Guarantee Measures after the Civil Code (1)
preface
The Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") came into force on January 1, 2021. In order to cooperate with the implementation of the Civil Code, the Supreme People's Court, on the basis of clearing up relevant judicial interpretations, combined with judicial practice, The Supreme People's Court's Interpretation on the Application of the Guarantee Part of the Civil Code of the People's Republic of China (hereinafter referred to as the "Judicial Interpretation of the Guarantee System of the Civil Code") has been formulated and implemented simultaneously with the Civil Code. "What is the impact of the Civil Code and the Judicial Interpretation of the Civil Code Guarantee System on the project guarantee measures of financial institutions? What are the key points of attention for financial institutions to pay when arranging and implementing project guarantee measures after the Civil Code? We have made relevant summaries for reference.". -
2020 07/01
"Trust Practice Issues" No. 3: The legal effect of capital reserve exclusively enjoyed by trust companies
In the process of providing legal services for equity investment trust projects of trust companies, the author's team often encounters the following transaction structure arrangements: the trust company uses the trust funds to increase the capital to the target company, part of the funds in the capital increase are included in the registered capital, and part of the funds are included in the capital reserve of the target company, and it is clarified that this part of the capital reserve is exclusively enjoyed by the trust company (as the trust trustee representing the trust, the same below).
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2020 06/10
Trust Practice Issue 2: Whether the external guarantee and domestic loan business must go through the registration/filing procedures
First, the formulation of questions
In the course of providing project legal services to trust companies, the author's team often encounters arrangements for projects involving overseas entities to provide guarantee guarantees. -
2020 06/09
One of the "Trust Practice Issues": how to apply the capital ratio of foreign-invested real estate projects
First, the formulation of questions
On September 9, 2015, the State Council promulgated the Notice on Adjusting and Improving the Capital System for Fixed Asset Investment Projects (Guo Fa [2015] No. 51) (hereinafter referred to as "Guo Fa No. 51"), which stipulates that except for affordable housing and ordinary commercial housing projects, the minimum capital ratio of other real estate projects shall be adjusted to 25%.