Corporation and Investment， Finance Trust，
Ms. Wang Huan is mainly engaged in legal business in the fields of financial trust, asset management, investment and financing, and has more than 15 years of experience in related fields.
Ms. Wang Huan has maintained long-term and stable cooperative relations with a number of trust companies and other financial institutions, and has provided full or phased legal services such as scheme design, due diligence, legal document drafting, legal negotiation, and issuance of legal opinions for a large number of trust products and investment and financing transactions. He has rich experience in infrastructure investment and financing, real estate investment and financing, various types of equity and specific asset investment and financing, family trust, securities investment trust and other fields.
- 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 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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2018 04/09
Han Qiang, Dean of the School of International Finance and Law, East China University of Political Science and Law, and Zhu Xiaoping, Secretary, visited Gaopeng (Shanghai) Law Firm
On the afternoon of April 3,2018,Han Qiang,Dean of the School of International Finance and Law,East China University of Political Science and Law,Zhu Xiaoping,Secretary,Ding Yong,Vice President,Zheng Xiaolei,Vice President,Yang Wen,Secretary of Scientific Research,and representatives of graduate and undergraduate students visited Gaopeng(Shanghai)Law Firm for research.Lawyers Xie Xiangyang,Director of Gaopeng(Shanghai)Law Firm,and Zhu Yan,Wang Huan,Zheng Xiaoxiao,and Wang Lili,Partners warmly received and held an exchange forum.
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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.