Securities and Capital Market， Bank， Finance Trust，
Mr. Shen graduated from Fudan University with a bachelor's degree in law, has more than 18 years of experience in financial trust practice, and has a profound legal professional background and rich work experience.
Specializing in legal services in the fields of trust, finance, restructuring, acquisition, financial leasing, etc., providing perennial legal services and project legal services for a number of trust companies and financial leasing companies, providing full legal services for thousands of trust asset management products, and being good at product structure design and text drafting.
Familiar with the internal processes and risk control management of enterprises, as well as the design, issuance and operation of trust products, and maintain good relations with trust companies, banks and other customers.
During his practice, he has provided legal services for many trust companies such as China Overseas Trust Co., Ltd., BOCOM International Trust Co., Ltd., Shanghai Aijian Trust Co., Ltd., Shanghai International Trust Co., Ltd., Huabao Trust Co., Ltd., Changan International Trust Co., Ltd., Lujiazui International Trust Co., Ltd. and so on.
Shanghai Jing'an District 2nd Outstanding Young Talent Nomination Award,
Shanghai Jing'an District 2012-2014 Outstanding Young Lawyer,
Financial securities insurance professional level assessment certification
As a lawyer in the legal database of a number of trust companies, he has provided full-process project legal counsel services for many domestic trust companies all year round, and has provided legal services for thousands of trust asset management products
It has provided legal services involving due diligence, drafting and revision of legal documents, and issuing legal opinions for a number of trust companies, bank wealth management and insurance fund cooperation products
It has provided legal services involving due diligence, drafting and revision of legal documents, and issuance of legal opinions for a number of trust companies' real estate debt trust products
It has provided legal services involving due diligence, drafting and revision of legal documents, and issuing legal opinions for a number of trust companies' real estate equity investment products
It has provided legal services involving due diligence, drafting and revision of legal documents, and issuing legal opinions for a number of trust companies
For a number of trust companies' securities investment products, we have provided legal services involving the drafting and revision of legal documents and the issuance of legal opinions
Provided full legal services involving due diligence, drafting and revision of legal documents, and issuance of legal opinions for a number of trust companies' private equity investment products
Provided full legal services for the product risk disposal and restructuring of a number of trust companies
Provided full legal services for the convening and process of beneficiary meetings of many trust companies
Provided full legal services for the disposal of non-performing assets of a number of trust companies
- Chinese
- English
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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 10/14
Trust Practice Issue No. 7: Maximum Debt Authority for Maximum Mortgage
In the financing trust projects handled by trust companies, requiring the counterparty to provide collateral guarantee with collateral is usually an indispensable guarantee measure for the project, and when handling mortgage registration, there are reasons such as the registration agency requiring the trust company to handle the maximum amount of mortgage on the grounds that the loan contract stipulates that the loan will be issued in installments, and the loan amount is uncertain (only "not exceeding XX amount"). So is there a legal risk for a trust company to handle the maximum mortgage, and in judicial practice, how to determine the maximum amount of debt authority registered with the maximum mortgage?
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2020 09/16
Trust Practice Issue 6: Priority Distribution Rights of Priority Limited Partners of Partnerships
Formulation of questions
Trust companies (representing the trust plan) as senior limited partners (hereinafter referred to as "senior LPs"), other investors as inferior partners, and trust companies as senior LPs give priority to the allocation of priority investment principal and benchmark income according to the agreement. Regarding the above transaction structure arrangement, customers often ask the following questions: -
2020 08/19
Trust Practice Issues No. 5: Validity of Alternative Mortgage Registration
According to the above-mentioned provisions of the Property Law, the author's team understands that there is no prohibition on the provision of mortgage guarantees for third-party debts for the right to use state-owned construction land and construction projects under construction (i.e. buildings under construction), and the right to use state-owned construction land and construction in progress can provide collateral guarantees for third-party debts.
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2020 08/05
Trust Practice Issue No. 4: The legal nature and effect of advance dividends
Legally, shareholders can distribute profits from the project company, provided that the project company meets the conditions for profit distribution. Pre-dividend is a concept created, which is a term for distributing shareholders under the conditions of non-compliance with profit distribution by the project company, and in essence, we understand that pre-dividend is the project company's lending of surplus funds to shareholders for use, and actually forming a current payment between shareholders and the project company.
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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%.
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2020 12/30
Tongdun Technology Legal Department Visits Gaopeng (Shanghai) Law Firm
On the afternoon of December 28, 2020, Zhao Ranran, the head of legal safety at Tongdun Technology, and his delegation visited Gaopeng (Shanghai) Law Firm for an exchange. Xie Xiangyang, the director of the Shanghai branch, Shen Min, the managing partner, Li Lei, the senior consultant, Wei Lijuan, and Mi Xiaoting, the partners, participated in the exchange forum.
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2019 08/10
A delegation of teachers and students from the On-the-Job Master of Law Program at the Law School of Taiwan Political University visited Gaopeng (Shanghai) Law Firm
On the afternoon of August 8,2019,a team led by Dr.Yan Yuming,the General Affairs Officer and Associate Professor of the Department of Law of the Taiwan Political University Law School,visited Gaopeng(Shanghai)Law Firm.Lawyer Xie Xiangyang,Director of Gaopeng(Shanghai)Law Firm,Senior Partners Chen Wenwei,Shen Min,and Partners Hong Meng,Cai Shiming,and Zheng Xiaoxiao warmly received teachers and students from the Law School of Taiwan Political University,and the two sides also held warm discussions and exchanges.
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2018 05/18
Ling Huikang, Director of the United Front Work Department of Jing'an District, and Chen Min, Deputy Director of the Justice Bureau of Jing'an District, went to Gaopeng (Shanghai) Law Firm to work in the New Lawyers' Association of the Special Research Area
On the morning of May 15th,Ling Huikang,Member of the Standing Committee of the CPC Jing'an District Committee and Minister of the United Front Work Department,and Chen Min,Deputy Director of the Jing'an District Bureau of Justice,went to Gaopeng(Shanghai)Law Firm to conduct a special research on the work of the New Lawyers'Federation in the district.
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2018 03/20
Member of the Standing Committee of the CPC Jing'an District Committee, Secretary of the Political and Legal Committee, Zhao Ruqing District Bureau of Justice, Secretary of the Party Committee, Ling Shurong, Visited and Investigated Gaopeng (Shanghai) Law Firm
On the afternoon of March 15,2018,Zhao Ruqing,member of the Standing Committee of the CPC Jing'an District Committee,Secretary of the Political and Legal Committee,accompanied by Ling Shurong,Secretary of the Party Committee and Director of the Jing'an District Bureau of Justice,visited Gaopeng(Shanghai)Law Firm for research
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2016 06/01
Lawyers Xie Xiangyang and Zheng Xiaoxiao from Gaopeng (Shanghai) Institute held a press conference on the new book "Practice of Bank Lawyers", and Lawyer Shen Min was invited to give a lecture on the practice training course for bank lawyers
On May 27th, 2016, Lawyer Xie Xiangyang, Director of Gaopeng (Shanghai) Law Firm, and Lawyer Zheng Xiaoxiao, Partner, as the editor in chief and deputy editor in chief of "Practice of Bank Lawyers", jointly held a new book press conference with members of the writing team at Kaiyuan Law School of Jiaotong University.
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2015 02/12
Congratulations to Gao Peng (Shanghai), Lawyer Shen Min, for winning the Jing'an District Outstanding Young Talent Nomination Award
In August 2014, in order to implement the spirit of the Ninth Jing'an District Party Congress, deeply implement the strategy of strengthening the district with talents, and promote regional economic and social construction with youth talent work, the Shanghai Jing'an District Committee of the Communist Youth League decided to organize the selection of outstanding young talents in the second Jing'an District. After rigorous assessment and layer by layer selection, Shen Min, a lawyer from Gaopeng (Shanghai) Law Firm, won the Jing'an District Outstanding Young Talent Nomination Award for his solid legal theoretical knowledge and professional level in the field of trust law.
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2014 01/27
Annual Summary Meeting Held by Gaopeng (Shanghai) Institute
On the morning of January 18,2014,all employees of Gaopeng(Shanghai)Institute held the"2013 Annual Summary Meeting of Gaopeng(Shanghai)Institute"in the Xinyuan Conference Hall of Kaiyuan Ningbo Jiulonghu Resort.
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2014 01/14
Shandong Runshi Lawyer Visits Gaopeng (Shanghai) Office for Exchange
On December 19, 2013, a group of four, including Zhu Jun, the chief lawyer of Shandong Runshi Law Firm, and Shi Xiao, the deputy chief lawyer, visited the Shanghai Branch of Beijing Gaopeng Law Firm and held discussions. Xie Xiangyang, the chief lawyer of Gaopeng (Shanghai) Institute, and Shen Min, the senior partner, received visiting lawyers. At the symposium, lawyers from both sides conducted in-depth discussions and exchanges on the firm's philosophy, management model, and business development direction. After the symposium, both sides stated that they would strengthen cooperation and common development in the future.
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2013 09/12
Warmly welcome the leaders of the District Justice Bureau to visit Gaopeng (Shanghai) Branch
On the morning of September 11,2013,Director Chen Xiaojie of Jing'an District Justice Bureau and his party visited Gaopeng(Shanghai)Branch for exchange and visit.Lawyer Xie Xiangyang,Director of the Shanghai Branch,Lawyer Shen Min,Senior Partner,Lawyer Chen Wenwei,and Lawyer Zhang Bing attended the meeting and briefed the leaders of the district judicial bureau on the business development of our office.At the meeting,Director Chen Xiaojie made a speech on the issue of information exchange and sharing between the Bureau of Justice and law firms,as well as on how firms should accurately position themselves and take the path of professionalization and strengthening their institutions,and conducted in-depth discussions and exchanges with various partners.
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2013 01/21
Gaopeng & Partners (Shanghai) Held “2012 Year-End Partner Meeting”-Gaopeng & Partners
At 3:30 pm,January 20,2013,Gaopeng&Partners(Shanghai)held the"2012 Year-End Partner Meeting"in the fifth floor Directors Conference Room of Marriott Hotel.The present partners are Xiangyang Xie,Wenwei Chen,Fei Yao,Lin Tong,Min Shen,Yan Zhu,Huan Wang,Bing Zhang,Feng Feng,HongXiang Wen.
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2012 12/31
Warmly welcome the leaders of Jing'an District Justice Bureau to visit Gaopeng (Shanghai) Institute to guide the work
On the morning of December 20,2012,Chen Min,Deputy Director of the Jing'an District Bureau of Justice of Shanghai,Cheng Maodi,Chief of the Legal and Public Affairs Section,and Li Ke,full-time secretary of the Legal Work Commission,visited our institute to inspect and guide our work.Deputy Director Chen Min and his team,accompanied by lawyer Xie Xiangyang,the branch director,and lawyer Shen Min,the senior partner,visited the office environment of our institute and communicated with the partners.
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2012 02/27
Shanghai Jing'an District Judicial Administration Work Conference Held at Gaopeng (Shanghai) Branch
In January 2012,the Shanghai Jing'an District Judicial Administration Work Conference was successfully held at Gaopeng Shanghai Branch.The leaders attending this meeting include Wang An,Director of the Shanghai Jing'an District Judicial Bureau,Cheng Maodi,Chief of the Legal and Public Affairs Section,and Wang Qinghua,Director of the Political Department;Also attending the meeting were lawyer Xie Xiangyang,director of the Shanghai branch,and lawyer Shen Min,senior partner.
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2010 06/22
Congratulations to Lawyer Shen Min on his promotion to partner of Gaopeng Shanghai Branch
Lawyer Shen Min joined Gaopeng Law Firm in 2008, mainly engaged in legal business in the fields of trust, finance, restructuring, acquisition, financial leasing, etc. He has provided legal services for multiple trust companies to issue trust products, and served as a perennial legal adviser for trust, financial leasing, and other companies. He has rich experience in the fields of finance and mergers and acquisitions. Recently, Lawyer Shen Min was promoted to partner of Gaopeng Shanghai Branch.
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2009 09/09
Gaopeng Shanghai Branch Group provides comprehensive legal services for the listing, reorganization, and restructuring of a construction engineering company in Shanghai
As China's economy continues to recover, the capital market has begun to revive. Recently, Gaopeng Shanghai Branch signed a contract with a construction engineering company in Shanghai to provide comprehensive legal services for the target company's listing, integration, restructuring, and restructuring projects. In order to provide high-quality and comprehensive legal services to clients, Gaopeng Shanghai Branch specially appoints senior partners Xie Xiangyang and Zhou Tianlin as project leaders to take the lead in establishing a legal team consisting of Shen Min, Hu Jiadao, Wang Yuan, Zheng Xiaoxiao, and others. On September 9, 2009, the project lawyer team held the first working meeting with relevant personnel of the target company, marking the official launch of the project.