International Securities Corprt Risk IP Finance Real Estate Dispute Antitrust Criminal |
Most lawyers in Jingyue International Trade and Investment team have overseas study experience and/or international business experience, and some of the members also serve as arbitrators at domestic and foreign arbitration institutions. Through professional legal analysis, Jingyue lawyers, with their rich practice experience, providing high-end legal services to domestic and foreign clients, fully protect the legitimate rights and interests of clients. Our teams have established good cooperative relationships with lawyers in America, Europe, Africa, Southeast Asia and other regions, which have provided convenient conditions and strong backing for a comprehensive understanding of the overseas investment environment and legal environment. Our International Trade and Investment team has been very successful in providing legal services to a varieties of industries, including petroleum, mining, tourism development, and construction. A number of our lawyers act as arbitrators in domestic and/or international Arbitration bodies. We have established great client network in the United States, Europe, Africa and Southeast Asia. Our Services include: International Trade, International Trade of Goods, International Payment, International Manufacture’s Liability, International Representation, International Transportation, Maritime Insurance, International IP, Trade Mark, Patent, Copyright Authorization , Copyright Transfer and Dispute, Due Diligence on International Project, Investigative Research on Legal Environment of the Prospective Country, and Investment Dispute Resolution
Scope of Legal Services:
I. International Goods Trade
1. Conclusion, performance, default remedy and dispute settlement of international goods trade contracts
2. Settlement of disputes related to modes of payment (L/C, D/P, D/A, etc) in international trade
3. Handling and settlement of international product responsibilities
4. Handling and settlement of disputes related to agency, exclusive distribution, consignment, auction and tender in international trade
5. Handling and settlement of disputes related to international goods transport, including sea transport, air transport, railway transport and international multimodal transport
6. Handling and settlement of disputes related to international goods trade and maritime insurance
7. Handling and settlement of disputes related to flexible trade modes such as processing with supplied materials, compensation trade, sample production, frontier trade, assembling with supplied parts and OEM
II. International Intellectual Property
1. Licensing, transfer, dispute settlement and litigation of trademarks, patents and copyrights
2. Licensing, transfer, dispute settlement and litigation of proprietary technologies
III. Overseas Investments
1. Providing special reports for due diligence of overseas investment projects
2. Providing special reports for investigation on legal environment and resources in destination countries
3. Providing special trainings for laws of destination countries, and giving special legal advice for special legal issues
4. Designing transaction structures, drafting transaction documents, and participating in business negotiation
5. Giving consultations for approval, filing and registration procedures of government departments
6. Solving legal conflicts in different countries and regions, and providing international private law solutions
Main Achievements:
Overseas Investments
1. We acted as the agent of some iron and steel group in China to design and dispose legal affairs related to its acquisition of an iron and steel factory in Pakistan.
2. We acted as the agent of some automobile group in China to design and dispose legal affairs related to its access to automobile sales markets in Brazil and Pakistan.
3. We made legal environment investigation and risk analysis of Pakistan and India for some large import and export enterprise in China, and provided legal services for the enterprise to access to the markets in the two countries.
4. We made legal environment investigation and risk analysis of Costa Rica and Dubai etc for some petroleum group in China, and provided legal services for its real estate acquisition. 5. We provided comprehensive legal services for some technology company in Hong Kong, including import & export, investment, and domestic business.
6. We provided comprehensive legal services for some bank in Austria, including audit of domestic and international business.
7. We provided comprehensive legal services for some coking group in China with respect to its EPC projects in Vietnam, Iran and Brazil etc.
8. We provided legal services for some construction corporation in China with respect to its highway project in Ethiopia.
9. We provided legal services for some civil engineering company in China with respect to its project in Mauritania.
10. We provided legal services for some chemical group with respect to its chemical construction project in South Africa.
Jingyue Securities and Capital Markets Department brings together a group of professional lawyers with strong academic background and practical experience. It has provided high-quality services for domestic and international enterprise in their Initial Public Offering, assets restructuring, acquisition, merger, separation, major assets restructuring, delisting and relisting of listed companies, as well as refinancing of listed companies. This department of the firm is not only specialized in laws and regulations of the capital market, it has also developed acute vision of the market with decades of experiences working with regulators, participators, and agents. We provide services in the following areas: Pre-Listing Ownership Reform and Restructure, Pre-Listing Private Placement, Domestic or Offshore Back Door Listing , Refinancing of Listed Companies, New Over-the-Counter Market , M&A of Listed Companies, Security Investment Funds, Domestic or Offshore IPO, Bonds, Non-Listed Company Financing, Private Equity Investment, Venture Capital, as well as Strategic Investment.
Scope of Legal Services:
● Equity capital market
* Pre-ipo restructuring and reorganization
* Pre-ipo private financing
* Domestic and overseas IPO (initial public offering)
* Domestic and overseas listing-by-buying-shell
* Refinancing of listed companies
* Private financing of listed companies
* Acquisition, merger, separation, major assets restructuring, delisting and relisting of listed companies
* Stock split, repurchase and corporate governance structure of listed companies
* Design of management incentive plan and employee stock ownership plan
* Post-ipo continuous information disclosure
* Post-ipo permanent legal advisory service
* Establishment and assets management of securities investment funds
● Bond capital market
* Corporate bonds
* Enterprise bonds
* Financial bonds
* Short-term financing bonds
● Non-listed company financing
* PE investment
* Risk investment
* Strategic investment
Main Achievements:
1. Financing RMB 500 million for some power plant in Shanxi Province;
2. Financing RMB 200 million for some real estate company in Shandong Province;
3. Financing RMB 50 million for some real estate company in Henan Province;
4. Financing RMB 0.2 billion for some real estate company in Henan Province;
5. Participating in asset injection of some listed company in Sichuan Province
The Corporate Law Department provides one-stop solution to problems of corporations at all stages of growth. The team is formed by highly experienced lawyers with sound reputation in business litigation and consultation. We have provided services to numerous large state-owned enterprises and listed companies in risk management and prevention. We are also permanent legal advisors to a number of influential corporations. Our areas of expertise include: Corporate Establishment, Alteration, Merger, Division and Dissolution, Corporate Legal Risk Prevention and Control, Employee Stock Ownership Plan, Corporate Governance, Long-Term Corporate Legal Consultation, Corporate Bankruptcy and Liquidation, Legal Issues on Corporate Finance and Taxation.
Service Content
We provide long-term legal services related to corporate establishment, change and daily operating management etc.
In recent years, we have focused on clients’ main activities and management system, and selected different entry points to review all kinds of corporate legal risks. Now we have formed legal risk management products which can be embedded into clients’ daily operating management.
1. Corporate Daily Legal Work
Providing legal advice for clients with respect to corporate preparation and establishment, and applying for corporate registration on behalf of clients;
Providing legal advice for clients with respect to corporate change, cancellation and assets settlement etc, and deal with relevant legal affairs on behalf of clients;
Participating in management of corporate contracts as well as negotiation and drafting of major contracts;
Drafting, reviewing, revising and preparing all kinds of legal instruments as well as legal documents, contracts, agreements, and letters of intent related to clients’ projects;
Participating in corporate merger, division, investment, leasing, assets transfer, bid & tender and other important economic activities involving corporate rights and interests;
Design and improvement of corporate financing structure and mode
Design and improvement of corporate equity structure and management structure
2. Management of Legal Risks Related to Corporate Operations
Design and improvement of corporate governance structure
Design and improvement of corporate internal control system
Design and improvement of corporate equity incentive mechanism
Chain and franchise projects
3. Legal Affairs Related to Corporate Taxes
Revealing legal risks related to corporate taxes during the entire process of capital operation and corporate reorganization, and planning corresponding schemes for clients
Settling tax disputes for clients, and helping them to make communication about tax disputes with tax authorities, apply for reconsideration and institute administrative litigation
4. Legal Affairs Related to Labor
Providing legal advice related to labor
Holding legal knowledge trainings related to Labor Law and Labor Contract Law
Drafting and reviewing labor contracts, confidentiality contracts and other corporate legal instruments on behalf of clients
Acting as agent of employees and employers for conciliation of labor or personnel disputes
Issuing legal opinion and lawyer’s letter related to labor
Dealing with other affairs related to labor law and human resources management on consignment
Acting as clients’ adviser with respect to labor law and human resources management
5. Legal Affairs Related to Corporate Legal Risk Control
Helping clients to build legal management system; establishing and improving legal risk assessment mechanism, creditor’s right safeguard mechanism, receivables management mechanism and crisis management mechanism
Dealing with contract and debt disputes in a non-litigation mode
Corporate credit investigation, due diligence, assets and business investigation, and market research
Credit risk management and receivables handling skills training
6. Accepting a Commission as Agent for Corporate Litigation and Arbitration
III. Main Achievements
Prevention and Control of Legal Risks Related to Construction of POWERCHINA (Power Construction Corporation of China);
Full-course Legal Services for Joint Venture of Hebei Hua’an Investment Co., Ltd. and Sojitz Corporation;
Legal Services for Bank of China with Respect to Real Estate Mortgages;
Legal Services for MedMed Group;
Legal Services for China Securities Journal;
Full-course Legal Services for M&A project of Xi’an North Qinghua Mechanical and Electrical Co., Ltd.;
Legal Training for China Chengtong Holdings Group;
Special Legal Services for Oki County Real Estate Development;
Bankruptcy Reorganization of Zhangjiakou Exploration Machinery General Factory;
Bankruptcy Reorganization of Shanxi Jindong Chemical Industry Group;
Kai Yuan Real Estate’s and China Grand Auto’s Transferring the Equities of Hebei Hua’an Investment Co., Ltd.;
Overall Plan for Institutional System Reform Pilot Work of Farmer’s Daily;
Investment Cooperation between BAIC and Qianbo;
Change Registration Application of Beijing Qianbo Auto Trade Co., Ltd.;
Legal Due Diligence of Huhhot-Dongsheng Expressway Construction Project;
Beijing Kang’an Shengshi Consultancy Center’s suing The 309th Hospital of Chinese People’s Liberation Army [Lease Contract Dispute] [First Instance, Second Instance, Retrial and Rehearing];
Legal opinion with respect to whether relevant transactions of Hebei Chuanglian Finance Leasing Co., Ltd. comply with legal regulations;
Legal opinion with respect to legal matters related to working capital loans of Hebei Shijie Kaiyuan Auto Trade Co., Ltd.;
Legal opinion with respect to legal matters related to domestic insurance of Hebei Shijie Kaiyuan Auto Trade Co., Ltd.;
Legal opinion with respect to legal matters related to working capital loans of Hebei Xuhua Trading Co., Ltd.;
Legal services for Hebei Chuanglian Finance Leasing Co., Ltd. and Hebei Kaiyuan Real Estate Development Co., Ltd. with respect to bond issue abroad and domestic corporate contract control structure of Autochina International Limited;
Kai Yuan Real Estate’s and China Grand Auto’s Transferring the Equities of Hebei Hua’an Investment Co., Ltd.;
Legal affairs of China North Chemical Industries (Group) Co., Ltd.;
Audit opinion with respect to the documents related to joint venture of China North Chemical Industries (Group) Co., Ltd. and Angola Investment Corporation;
Sales contract of toluene and xylene products of China North Chemical Industries (Group) Co., Ltd.;
Legal opinion with respect to office acquisition of Gansu-based Beihua Trading Co, Ltd.;
Training Project of China North Chemical Industries (Group) Co., Ltd.;
Legal opinion with respect to Restructuring Plan of China North Chemical Industries Corporation of China North Chemical Industries (Group) Co., Ltd.;
Tianhong Asset Management Co., Ltd.’s Transferring the Equities of China Weapon Finance Co., Ltd.;
Acquisition of TDI Device of Dow Chemical;
Special legal services for construction project of China Gold Inner Mongolia Mining Co., Ltd.;
Legal services for Zhongjin Gold Corporation Limited to transfer equity of Liaoning Wulong Gold Mining Co., Ltd. by listing;
Special legal services for China National Gold Group Corporation and Yantai Qixia Jinke Gold Mining Industry Co., Ltd. with respect to equity transfer;
Special legal services for Hunan Huangjindong Mining Industry Co., Ltd. and China Gold Technology Co., Ltd. to establish Hunan Central South Gold Smelting Company Limited;
Special legal services for China Gold Technology Co., Ltd. with respect to mining right and asset purchase contract;
Special legal services for Ximeng Yuntian Mining Co., Ltd. with respect to capital increase and share expansion;
Special legal services for Zhongjin Geological Co., Ltd. with respect to equity transfer;
Special legal services for China Gold Technology Co., Ltd. with respect to management system construction;
Special legal services for Sinotimes International Insurance Brokers Co., Ltd. with respect to review and revision of articles of association (draft).
We are national leaders in this field of law. Our lawyers in this area have exceptional academic background and formidable practical experiences. Many of them hold qualification as patent agent, and some of them are former commissioner of the Trade Mark Committee of the National Administration of Industry and Business. Our services are even better enhanced by our close cooperation with intellectual property agencies. Our specializations in area include: Corporate IP Strategic Planning and IP application, Corporate IP Risk Warning, IP Transfer and Risk Assessment, IP Protection and Litigation, as well as IP Management
Scope of Legal Services:
I. Legal Affairs Related to Trademark
Our Trademark Department is composed of trademark agents and lawyers engaged in domestic and foreign trademark agency for a long time. Our agents can provide you with efficient and professional non-litigation agency services such as trademark query, application, objection, reexamination, cancellation, licensing, renewal, administrative dispute, well-known trademark recognition all over the world. Simultaneously, our lawyers can provide you with trademark infringement, business name, trademark conflict and other complicated litigation services. Specific business fields include:
1. Trademark Design
2. Trademark query and registration agency
3. Agency of trademark change, transfer, licensing and renewal
4. Enterprise trademark monitoring
5. Special legal advisory for enterprise trademark
6. Agency and defense of trademark rejection reexamination, objection, cancellation, and dispute
7. Consulting and agency of well-known trademark application
8. Agency of trademark infringement litigation
9. Agency of trademark administrative litigation
10. Declaration and agency of geography standard
11. Declaration and agency of local well-know trademark
II. Copyright Business Filed
Our copyright law service team is composed of numerous professional lawyers with a solid theoretical foundation, many years of practical experience, outstanding capability, and ever as agents of various copyright disputes. Our copyright law service team’s main business is to provide legal advice and implementation plan related to intellectual property management, marketization and protection strategies etc for various cultural companies, new media, publications, software enterprises, animation game enterprises, advertising producers, advertising producers, artists and other units and individuals in copyright field, protect lawful rights and interests of the parties to an extreme, and provide professional and excellent legal services. Particularly, we have maintained a leading position in the emerging business field of new media network copyright safeguard. Specific business includes:
1. Copyright registration
2. Computer software copyright registration
3. Copyright infringement dispute litigation
4. Computer software copyright dispute litigation
5. Information network transmission right infringement litigation
6. Agency of copyright pledge registration
7. Copyright pledge financing
8. Drafting of various copyright cooperation, licensing, transfer and pledge contracts as well as relevant non-litigation legal services
III. Legal Affairs Related to Patent
Perfect patent protection strategy is the key of enterprise success. Our patent lawyer team has a unique advantage in providing clients with high quality patent services, and often cooperates with colleagues from all over the world to formulate comprehensive patent protection strategies.
Our patent lawyer team has successively acted as an agency of many right safeguard cases such as patent technology infringement dispute; has rich practical experience in patent application, search, analysis, reexamination, invalidation application, licensing, transfer and customs record; has obtained outstanding achievements in patent application, reexamination, invalidation request, administrative litigation and infringement dispute as well as corporate patent strategy formulation and other legal service fields. Specific business includes:
1. Patent application
2. Patent retrieval and analysis
3. Substantive examination of invention patent
4. Drafting of patent application essay
5. Request for patent reexamination and invalidation
6. Patent licensing and transfer
7. Patent administrative litigation
8. Patent infringement investigation, evidence collection and litigation
9. Special legal advisory for enterprise patent
10. Enterprise patent development strategy analysis
Main Achievements:
Legal Affairs Related to Trademark
1. Agency of registration of century-old kindergarten series trademark of Beijing Normal University Kindergarten
2. Agency of SUN SHINE series trademark registration
3. Agency of Chunchao series trademark registration;
4. Agency of Fengyuan series trademark registration;
5. Agency of Haide series trademark objection;
6. Agency of Zhongxin furniture trademark objection;
7. Agency of PLCA series trademark right safeguard litigation;
8. Agency of Super 8 Hotel series trademark right safeguard;
9. Agency of LOGICO series trademark objection;
10. Agency of BRIGHT EYE series trademark objection;
11. Agency of XINTAO series trademark infringement investigation, evidence collection and right safeguard;
12. Successful agency to apply for registration of Da-Di Jin and its logo as a well-known trademark;
Legal Affairs Related to Copyright
1. Suing Shanghai MSN Network Communications Technology Company Limited “MSN Chinese Website” (domain name: msn.com) for infringing on information network transmission rights of several works such as movie A Chinese Ghost Story (Liu Yifei edition) and TV play N-th Story Home
2. Suing Beijign Jiebao Interactive tecnology Co., Ltd. “Fans Net” (domain name: ifensi.com) for infringing on information network transmission rights of several works such as movie A Chinese Ghost Story (Liu Yifei edition) and TV play N-th Story Home
3. Suing Beijing Funshion Online Technologies Ltd. “Funshion Web” (website: www.funshion.com) for infringing on information network transmission rights of several works such as TV play Golden Mile
4. Suing Beijing TianyingJiuzhou Network Technology Co. Ltd “PhoenixNet” (website: www.ifeng.com) for infringing on information network transmission rights of several works such as movie A Chinese Ghost Story (Liu Yifei edition) and TV play new Water Margin (Zhang Hanyu edition)
5. Suing Beijing Funshion Online Technologies Ltd. “Funshion Web” (website: www.funshion.com) for infringing on information network transmission rights of several works such as TV play Golden Mile
6. Suing Beijing Tiantian Kuanguang Network Technology Co., Ltd. “Soon Drawnet” (www.henkuai.com) for infringing on information network transmission rights of several works such as TV play Detective Di Renjie Prequel
7. Suing Beijing Letv Tianxia Technology Co., Ltd. “Bobohu Web” (www.bobohu.com) for infringing on information network transmission rights of several works such as TV play Teahouse (Chen Baoguo edition) and movie Love in Cosmo
8. Suing Beijing Liansu Information Network Technology Co., Ltd. “LiansuNet LiShuiQiao Community” (mtc.lsup.net) for infringing on information network transmission rights of several works such as TV play Three Kingdoms (Chen Jianbin edition) and movie Just Another Pandora’s Box
9. Suing Beijing Saijin Media Technology Co., Ltd. “Antenna Video” (website: www.openv.com) for infringing on information network transmission rights of several works such as South Korea TV play Kang Jeok
10. Suing Netmovie (BJ) CO., Ltd. (http://www.vv8.com) for infringing on information network transmission rights of several works such as movie All’s Well, Ends Well Too 2010
11. Suing Beijing Shiyue Network Technology Co., Ltd. “UUSEE” (www.uusee.com) for infringing on information network transmission rights of several works such as movie All’s Well, Ends Well Too 2010 and Just Another Pandora's Box
Legal Affairs Related to Patent
Agency of infringement investigation, evidence collection and right safeguard of No. 99112370.0 patent “Outdoor Meter Reading and Management Apartment Pipeline Setting Method”.
Financial law is a core sector of the firm. Jingyue financial lawyers have been a leading and active force in the practical domain. Almost all of our financial lawyers were once employers of financial institutions. Jingyue is also a governing unit of the Association of Insurance Law. We have provided legal services to a number of international and domestic insurance groups, banking institutions and trust companies. We have profound understanding of financial policies and the market and formed our unique approaches to legal problems of the financial sector. Our clients include: Bank of China, Industrial and Commercial Bank of China, Bank of Beijing, People’s Insurance Company of China and China Pacific Insurance. Our services cover primarily the field of Insurance, Banking , Trust, Funds and Financing, providing financial institutions with annual legal counsel, document drafting and revision, regulatory examination on financial products and services, risk identification and prevention systems, corporate governance designing, financial derivatives designing and trading, legal services for the establishment, management and operation of funds or trust companies, and solutions for disputes related to financial innovation
Service Content
Legal services provided by us mainly involve insurance, banking, trust, fund and financing:
We can act as permanent legal advisor of financial institutions to build legal and business compliance audit, risk identification and prevention system, draft, revise and review business standard format text for financial institutions, provide special legal services with respect to financing lease at home and abroad, provide legal services with respect to establishment and management of trust companies, and deal with legal affairs such as financial innovation and relevant legal disputes.
(I) Legal Services Related to Insurance
We can act as permanent legal advisor of financial institutions to build legal and business compliance audit, risk identification and prevention system, draft, revise and review business standard format text for financial institutions, provide special legal services with respect to financing lease at home and abroad, provide legal services with respect to establishment and management of trust companies, and deal with legal affairs such as financial innovation and relevant legal disputes.
* Participating in legal analysis and demonstration of new insurance classifications as well as Chinese local legal analysis of foreign products;
* Participating in drafting clauses of insurance contracts;
* Inspection, evaluation and risk assessment of insurance subject before underwriting;
* Due diligence of settlement of insurance claims
* Establishment, corporate governance, management incentive and employee stock ownership plans of insurance companies;
* Insurance investment utilization and operation plan;
* Legal services with respect to policy pledge, insurance claims and recovery etc;
* Private financing, investment and acquisition, SND issue of insurance companies;
* Litigation or arbitration with respect to insurance disputes on behalf of insurance companies, particularly cases involving marine insurance, inland marine insurance, comprehensive logistics insurance and gross average etc;
* Providing legal services with respect to accident occurrence report and claim as agent of policy holder, insurant and beneficiary;
* After any insurance accident happens, policy holder and insurant should timely notify insurer of accident occurrence time, location and cause etc, and provide certificates and materials related to confirmation of accident nature, cause and extent of loss, etc;
* After receiving accident occurrence notice and claim from policy holder and insurant, reviewing relevant certificates and materials provided by policy holder and insurant in accordance with the provisions in the insurance contract, investigating the site of insurance accident, inspecting accident occurrence location, time, cause and claimer qualification, and determining insurance liability and compensation scope;
* Provide legal services with respect to insurance claim, subrogation litigation and arbitration as agent of clients.
(I) Legal Services Related to Banking
1. We can provide clients with the following non-litigation legal services with respect to bank non-performing assets handles:
* Making an investigation on China’s financial system, and providing legal advice with respect to relevant laws, policies and regulations involving government financial affairs;
* According to client’s demand and plan, making an prudent investigation on borrower, from simple background check to drawing a detailed report, including: (1) financial and corporate identity verification; (2) asset investigation; (3) source of financial support; (4) import and export investigation; (5) affiliated enterprises and joint relationship; (6) enterprise scale and condition; (3) main market and customers; (8) field investigation;
* Researching and verifying transaction structure, reminding clients to pay attention to the existing risks, and providing alternative ways to avoid risks. Specifically, we help clients to determine correct forms of guarantee (including mortgage, guarantee and pledge etc) so as to best protect clients’ interests. Take mortgage guarantee for example: according to types of mortgage assets such as real estate, land use right, construction in process, transportation vehicles, machinery equipment and facilities, we provide clients with counseling with respect to necessary procedures and steps, and ensure relevant guarantee has been correctly registered and filed in relevant government department;
* Drafting, reviewing and revising contracts and other legal documents such as government loan contract, export credit contract, soft loan contract, general commercial loan contract and lease contract, and issuing legal opinion. When borrower cannot pay its due debts or needs to implement mortgage right, it usually needs to start collection procedure (including negotiation, arbitration and litigation). In this procedure, we provide the following services related to litigation for clients with respect to banking and non-performing assets:
* Sending a notice of call to borrower with outstanding obligations before litigation or arbitration;
* Comprising feasible litigation schemes, and applying to a court with jurisdiction for litigation preservation. This application can be made before or after the start of proceedings;
* Acting as agency of clients before full or arbitral court;
* If borrower fails to enforce court decision or arbitration award, impel court and specified appraisal institution to start auction of mortgage assets and/or accelerate value assessment procedure so as to help clients to exercise the right more quickly and more effectively.
2. Banking Compliance Review
Specific legal services provided for clients with respect to compliance management include but not limited to the following affairs:
* Being responsible for general manager of risk and compliance department, coordinating economic disputes, and handling lawsuits;
* Managing legal affairs of branches as a whole according to relevant systems of head office, and taking charge of formulation of legal affairs work plan as well as review and report of legal documents related to various businesses;
* Compliance management. Auditing the compliance of rules and regulations as well as operation flow formulated by various departments of branch;
* Organizing and promoting anti-money laundering according to requirements of supervision department.
3. Financial derivatives of banking business
Realizing products and business for clients in the following fields:
* Domestic credit derivative transactions;
* Domestic equity derivative transactions;
* Domestic commodity derivative transactions;
* Cross-border derivative transactions involving interest rate, credit, equity and commodity;
* Bills and other loan obligations related to reference asset performance;
* Other mixed fundraising tools;
* Trading strategies of derivative transactions and interest arbitrages as part of complex financing transactions such as asset securitization and project financing.
(III) Legal Service Related to Trust
Trust is namely credit trust. Trust business is a legal behavior based on credit, and generally involves three parties, namely credit input consignor, trustee trusted by others and beneficiary benefited from others. Trust business: consignor transfers the right in property to trustee (natural or legal person) for its own or third party’s (namely beneficiary’s) interest in accordance with the provisions of contract or testament, and trustee occupies, manages and uses the trusted property and disposes its benefits in accordance with the specified condition and scope.
In various commercial transactions or private affairs, establish and utilize trust means to solve clients’ relevant problems, or provide legal services with respect to establishment and utilization of trust means, drafting, revising and audit of legal documents, legal due diligence, negotiation on behalf, arbitration and litigation etc.
1. A trust investment company is a financial institution to manage finances on behalf others as a trustee. Trust investment, bank credit and insurance are called three pillars of modern financial industry.
Our trust lawyer team has experience in providing legal services for large trust investment companies, and will provide services for clients who plan to establish trust investment companies, including but not limited to legal advice for establishment procedure, drafting, revising or audit of legal documents, drafting or revising of articles of association, capital verification institution credit investigation or agent employment etc. Our trust lawyer team can also provide clients with a package of services with respect to trust investment company establishment according to clients' demand.
Real Estate and Construction
Jingyue Law Firm has a team of professional lawyers with solid preparation and rich practical experiences. We provide comprehensive legal services to real estate development and constructions projects and serve to a number of large real estate corporations as permanent legal advisors. In the past two decades of practice, we have established great cooperative relationship with our international and domestic clients. We have also successfully established excellent professional relationship with government organs, judicial authorities and arbitrations bodies. We cover a variety of services in the field, they include but are not limited to: land development, land-use permit, investment trust on real-estate projects, project insurance and financing, project design and legal assessment, project contractual affairs, quality control and examination, tendering and bid offering. contract signing and management, quality control and inspection, cost control, engineering claims and completion, project payment, taxation plans, project insurance and financing.
Main Achievements:
1. Acting as permanent legal advisor of some large real estate company in Beijing;
2. Acting as permanent legal advisor of some large property management company in Beijing;
3. Providing professional legal services for three projects’ mergers and acquisitions of some real estate company in Beijing with amount of more than RMB 10 billion;
4. Financing nearly RMB 1 billion for four real estate companies in Beijing, Henan Province, Shandong Province and Fujian Province.
5. Acting as agency of more than 300 real estate lawsuits;
6. Acting as agency of more than 50 property management disputes.
Dispute settlement
Jingyue is an influential firm in litigation and arbitration nationwide. We have a number of arbitrators of recognized arbitration centers in this team. Many of them also have experience in government and judicial bodies. Our arbitration cases often involve American, Russian, Swedish, Indian or Pakistani laws enabling us to acquire substantial experiences with arbitration regulations of ICC, SCC and HKIA. Our services include: Civil and Commercial Litigation, Administrative Litigation, State Compensation, Domestic Arbitration, International Arbitration, Dispute Prevention and Resolution, Dispute Resolution Procedures, Arbitration Agreement , Selection of Arbitration Body, Evidence Gathering, Legal Document Preparation, and Dispute Negotiation.
Scope of Legal Services:
1. Domestic Civil and Commercial Litigation
Including litigation strategy analysis of various lawsuits, prosecution on behalf, appeal, responding, defense, countersuit, reconciliation negotiation, execution, etc; domestic commercial arbitration award execution and foreign arbitral award recognition and enforcement in China
2. Domestic Arbitration (Concerning Foreign Affairs)
Including application for arbitration, pleading in court, and lodging counterclaim etc on behalf of clients in domestic commercial arbitration institutions.
3. International Commercial Arbitration
Including application arbitration, pleading in court, and lodging counterclaim etc on behalf of clients in foreign arbitration institutions.
4. Litigation abroad
Including cooperating with foreign law firms, providing relevant Chinese legal opinion and documents, preparing and collecting relevant evidences, and recognizing and enforcing arbitration award on behalf of clients in litigation outside China.
Competition and anti-monopoly
We are supported by team of lawyers engaged in legal services related to anti-monopoly and competition for a long time. They are not only proficient in anti-monopoly and competition laws and regulations at home and abroad but also familiar with policies and decisions of Ministry of Commerce, State Administration for Industry and Commerce, National Development and Reform Commission and other government departments. At the same time, they also provide legal services related to anti-monopoly and competition for large enterprises, industry associations and other units at home and abroad.
In today’s world, economic globalization trend is increasingly obvious; cooperation between governmental supervision departments of different countries is increasingly closer; anti-monopoly has long been a global problem. Legal services related to anti-monopoly needed by transnational corporations bring higher requirements for our lawyer team. Our lawyers should not only understand local anti-monopoly laws and policies, but also grasp other countries’ anti-monopoly laws and implementation policies. Our lawyer team has rich experience in international legal services, and thoroughly grasps Chinese anti-monopoly and competition laws, so we can help clients to effectively prevent and solve monopoly and competition problems, and provide clients with high quality legal services.
Scope of Legal Services:
1. Legal advice related to anti-monopoly and competition as well as drafting and review of commercial agreements
2. Operators’ concentrated declaration of anti-monopoly
3. Civil and administrative appeal as well as administrative litigation of anti-monopoly
4. Anti-monopoly investigation on market dominant position misapplication
5. Investigation on competition elimination and restriction
6. Administrative investigation, hearing and reconsideration of suspected monopoly
7. Intellectual property anti-monopoly investigation
Criminal defense at Jingyue is a department formed by experienced and rigorous experts with leading fame, capable of solving complex, controversial and influential cases. Our experts also serve in the Institute of Judicial Science at Beijing Normal University and other research or academic centers of national importance. We provide services in the following area: appealing and denouncing, criminal defense for suspects or defendant, represent the victim or private prosecutor, provide expert witness
We mainly provide the following services in this field:
1. Report and accusation of criminal cases on behalf of the parties.
2. Providing legal aid for suspected offenders at investigation stage.
3. Acting as defender of suspected offenders at review and prosecution stage, defendants at trial stage and appellants.
4. Participating in criminal litigation activities and carrying out civil suit collateral to criminal proceedings on behalf of victims.
5. Acting as agency of criminal case appeal.
6. Accepting a commission to hire authoritative criminal jurists for argumentation and other legal activities related to criminal cases.
|
|