Securities and Capital Market， Bank， Finance Trust，
Ms. Zhu Yan graduated from Fudan University with a bachelor's degree in law and has more than 18 years of experience in financial trust practice, mainly engaged in legal services in the field of financial trust and other asset management.
During his practice, he has provided perennial legal services and project legal services for many trust companies such as Shanghai International Trust Co., Ltd., China Construction Investment Trust Co., Ltd., Changan International Trust Co., Ltd., Lujiazui International Trust Co., Ltd., Shandong International Trust Co., Ltd., and has sponsored Shanghai Trust Securities Investment Series Trust Project, Shanghai Trust Debt Investment Series Trust Project, China Construction Investment Trust Yongquan Series, Anquan Series, Jianquan Series Trust Project, Shandong Trust Securities Investment Series Trust Project and many other financial trust projects legal service work. Ms. Zhu Yan is good at the development and design of financial innovative products, text drafting, due diligence, has hosted thousands of trust projects of various types, established very good long-term business relations with many domestic trust companies, and accumulated rich experience in the field of asset management such as financial trust.
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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2023 03/02
Gaopeng (Shanghai) Law Firm Successfully Held Internal Seminar on Asset Management and Wealth Management
The day beside the warbler is as warm as human language,and the wind among the grass makes medicinal fragrance.At the beginning of March,Professor Han Liang,a professor and doctoral supervisor from the Law School of Nankai University,and a senior consultant from Beijing Gaopeng Law Firm,visited Gaopeng(Shanghai)Law Firm,and jointly held the"Gaopeng Asset Management and Wealth Management Business Internal Seminar"with colleagues from Gaopeng Shanghai.
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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.