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  1. Banking and finance: Beijing
  2. Other recommended firms
  3. Leading individuals: local firms

Leading individuals: local firms

Global Law Office’s ‘widely respected and reliable’ Lawrence Lin recently advised DBS Bank on a $100m term loan facility to Eureka Investment Company; and Xin Zhang acted for BNP Paribas (China) regarding a RMB490m uncommitted revolving facility provided to Trafigura (Shanghai) Trading. Xuelan (Shelley) Wang assisted Bank of China (Hong Kong) in a term loan facility to Glorious Pacific. Chen Huan Zhong and Xuemei Liu are also key contacts.

Jun He Law Offices’ experience includes syndicated, bilateral and club loans; international financial institutions loans; financing for infrastructure projects; M&A finance; leveraged, real estate and asset financing and the financing of leases; trade-related financing, financial derivatives and structured finance; debt restructuring, bankruptcy reorganisation and the disposal of non-performing assets; and asset securitisation and asset management. The practice’s recent highlights include acting for United Overseas Bank (China) and Standard Chartered Bank (China)’s syndicated financing of Carlyle and CLSA’s acquisition of an office tower; and assisting in relation to Australia & New Zealand Banking Group’s refinancing of a loan of $190m to Sinochem International (Overseas). The team also acted as the legal adviser to the lead arrangers in the acquisition financing of Home Inns & Hotels Management. The practice’s principal contacts include Jianeng Lu, Yingling Wei, Shujun Zheng, Zhou Jun, Jian Wiang, Gang Wang and Zhong Wang.

King & Wood Mallesons is widely recognised for its expertise and performance in the areas of international finance and banking. The practice represented Bank of China (Hong Kong) in its successful $150m cross-border loan financing deal with China Southern Airlines, in which the airline imported China’s first ever A380-800. Managing partner Wang Ling heads the financing practice; she specialises in banking, international finance, project finance, aircraft and equipment lease financing, acquisition finance, and real estate finance. She has led teams advising financial institutions (including foreign-invested banks, auto-finance companies and finance companies, and financial leasing companies) on their establishment as legal entities in China. ‘Solid legal adviser’ Wang Shu is also recommended.

The ‘highly regarded’ Fangda Partners advises banks and other financial institutions, corporate borrowers and credit institutions on all types of banking and financing transactions, as well as regulatory matters. The team recently acted as PRC counsel to the borrower in relation to the $3bn financing connected to the take-private deal of Alibaba.com, China’s largest e-commerce company. Jun Hu, Chen Ma and Jeffrey Shen are well-regarded practitioners.

Haiwen & Partners’ banking and finance lawyers are regularly retained by major domestic and international financial institutions, including commercial and investment banks, securities firms and insurance companies in connection with syndicated loan transactions, purchases and sales of non-performing loans, issuance of letters of credit, the creation and enforcement of security interests, and the structuring and development of new financial products, in addition to general regulatory and compliance matters.

Zhong Lun Law Firm recently welcomed Wang Xianghong from Zhonglun W&D Law Firm (where she had been a partner since 2007), to its Beijing office. The firm provides legal services to foreign and domestic banks, leasing companies, investment banks, and other financial institutions. The finance team is the key external counsel to the International Finance Corporation (IFC) on its PRC financing projects. The practice also covers financial institutions’ daily operational matters including deposits, loans, project facilities, commercial paper, bonds, trusts, leases, and insurance matters; and regularly represents financial institutions in their financing-related disputes. A London office was opened in 2012.

Led by Hongjiu Zhang and Jiejiang Wu, Jingtian & Gongcheng acted as PRC legal adviser to China Development Bank in connection with both acquisition and aircraft financings.

Run Ming Law Office’s lawyers are known in the market for aircraft financing. The practice recently advised in connection with the financing of a Boeing aircraft that was guaranteed by the Ex-Im Bank of the US. Executive partner Yi Liu is recommended.

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Legal Developments in China

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    For many products, tariff classification can be technically complex, confusing, and subject to multiple interpretations. Often several different Harmonized System Codes ("HS Code") may seem applicable for one given product with different tariff rates. Tariff classification is indeed a process of application of customs classification rules, including customs rulings and decisions, and misclassification may trigger severe legal consequences. The sad fact is, unfortunately, that many companies rely on non-legal professionals to determine the HS Codes for imports or exports. A recent interpretation issued by the General Administration of Customs of China ("GACC") (Circular No. [2012] 495 Shu-Fa-Fa) (the "Interpretation") reinforces the process of tariff classification as a legal matter, and formulates the test as to what counts for regulatory violation if tariff classification rules are improperly applied by the importer or exporter in a given case. If the legal defense is successful, misclassification may only be treated as a non-violation misclassification, with the possible obligation to pay up additional customs duties, if any, but without administrative or criminal consequences. The Interpretation took effect as from February 1, 2013.
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    Original Equipment Manufacturing(OEM), particularly cross-border OEM, is perhaps most common model in the contemporary manufacturing world. It's now routine for Western companies to provide design and technology know-how and then to outsource production to China and other Asian countries where the labour needed to manufacture a product is comparatively inexpensive.
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  • A Second Look at NDRC’s Most Recent Enforcement Cases against Price Violations in 2013

    On January 4, 2013, NDRC declared that Samsung, LG and four Taiwanese firms were fined RMB 350 million for fixing the prices of LCD screens during the period from 2001 to 2006  (" LCD Case "). On January 16, 2013, Maotai, one of most famous wine brands in China, declared that they were investigated by NDRC for its monopolistic behaviors and they therefore would modify all their sales policies that had violated the 2008 Anti-monopoly Law of PRC (" AML "), in particular the resale price maintenance policy. This was closely followed by the declaration of WuLiangYe, another wine magnet in China, which announced on January 17, 2013 that they would also abolish all the sales policies in violation of AML, after an investigation of NDRC.
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