中

Banking and Finance

Overview

Banking and Finance is one of ZHH's best sectors. We have maintained good cooperation with many domestic and foreign top banks including CDB, CADB, ICBC, CCB, BoCom, HSBC, SCB and Citibank. Also, we work closely with non-banking financial institutions closely that are related to banks, including CCB International, Huarong, Cinda, Dongfang, Great Wall, Hanhua Guarantee, Xinyu Financial Leasing, and Minsheng Financial Leasing. In addition to our expertise in dealing with traditional financial lending disputes, we also focus more on emerging non-litigation sectors such as legal compliance review of bank credit and financing as China's economy and finance continue to grow. Furthermore, we continue to provide clients with professional legal services in NPL collection and disposal, syndicated loans, L/C, commercial paper dispute resolution, financial institution-related NP assets restructuring, and asset securitization. We can help various financial institutions recover or avoid huge economic losses by demanding debts and preventing malicious debt evasion. We can also help financial institutions develop various high-growth, financial innovation varieties, and emerging high-tech and value-added operations. We can provide strong legal support in the development of high-end services including syndicated loans, wealth management, investment banking, financial advisors and other comprehensive service plans.

 

Lawyer Team

ZHH has a finance team of over 30 partners and key lawyers, bringing together a group of excellent lawyers that graduated from domestic prestigious comprehensive universities or law schools such as China University of Political Science and Law, Southwest University of Political Science and Law, East China University of Political Science and Law, Shanghai Jiaotong University and Chongqing University, received graduate education or above, had overseas study or work backgrounds, and have served financial institutions for many years. A number of partners act as chairmen of All China Lawyers Association and specialized committees on lawyer finance of various provinces and cities. Lawyers in the team have generally worked in banking, insurance, trust, securities and other financial institutions. They are familiar with financial laws and regulations and supervision rules. With a deep legal foundation, proficient in financial operation rules and corporate culture and way of thinking, and experienced in financial practices, they can provide companies with financial legal services including banking, petty loan, and non-performing assets disposal.

 

Major Services

deposits

  • personal deposits: RMB savings deposits, foreign currency savings deposits
  • corporate deposits: demand deposits, time deposits, notice deposits, agreement deposits

 

project financing and financing guarantee

  • local and foreign currency working capital loans, local and foreign currency fixed assets loans, syndicated loans, accounts receivable transfer, export tax rebate account custody loans, commercial draft discount, buyer or agreement interest payment discount, L/G (standby L/C), guarantee, interbank credit asset buyout, interbank credit asset repurchase

 

international financing

  • international project financing, BOT, international syndicated loans, international factoring, L/C

 

settlement

  • bill (promissory note, draft, check) settlement, exchange, collection payment,collection of receivables

 

finance lease

  • direct lease, leaseback, sublease, trust lease, operating lease

 

financial innovation

  • non-performing assets disposal and restructuring, asset securitization, financial futures, options, financial derivatives

 

other services

  • credit card, e-banking, online payment, establishment of foreign financial institutions

 

Latest Typical Projects/Cases

  • Full services to China Cinda Asset Management Co., Ltd. for RMB 2 billion investment in and claims acquisition and restructuring of Kingrun Nanshan Golf Project

Cinda intended to set up a fund and claims acquisition and restructuring for Chongqing Kingrun Nanshan Golf International Community Project for RMB 2 billion. We provided Cinda with legal due diligence, so as to investigate the business information, major claims and debts, major contracts, major assets, labor and personnel matters, tax payment, involved litigations, arbitrations, administrative reconsiderations and other legal procedures of target companies Kingrun Real Estate and Zhongcheng Property, and investigate details of this project, including project approval, project planning, land use rights, right restrictions (other warrants or land use right mortgage, sealed documents), government approval, and project development and construction. After Cinda decided to officially invest in this project, we assisted in reviewing the legal compliance of the transaction plan for this project, carried out legal risk argumentation, and issued legal advice on plan review; we drafted and reviewed all contracts to be signed with all counterparties to this project and issued contract review opinions; we witnessed contract signing, reviewed whether the loan conditions agreed in this project had been reached, and issued legal opinions. Other legal services involved in subsequent management after the loan was granted including, without limitation, related legal services in a collateral swap, promised mortgage implementation, and pledge measures. With our high-quality and efficient legal services, Cinda signed and invested in this project. This project is now operating normally.

 

  • Full services for the RMB 280 million loan contract arbitration case between CCB Chongqing Branch and Chongqing Xiangrui Industry Group

CCB had granted a total of RMB 280 million in real estate development loans to Xiangrui Group over the years. Due to the sluggish real estate market in recent years, Xiangrui Group started to default. CCB restructured the debts through extension, guarantee change, and closed loans, but Xiangrui Group was unable to repay finally. We assisted CCB in drafting an arbitration document, worked closely with the Chongqing Arbitration Commission for its service in different places, had a trial in the shortest time, and received the award two weeks later, to the satisfaction of CCB.

 

Typical Non-litigation Cases (representation in full project review, and issuance of legal opinions)

  • Full legal services for RMB 1 billion syndicated loans provided to Ford by financial institutions including Citibank and CCB
  • Legal defect verification of CCB Chongqing Branch's RMB 500 million non-performing loans
  • Full legal services for the RMB 4 billion income right pledge between CCB Chongqing Branch and Chongqing City Construction Investment Corporation
  • Due diligence on and representation in non-performing bank assets ofJP Morgan and Citibank, etc.
  • Long-term legal services including due diligence, agency mortgage, legality review to foreign banks such as HSBC, OCBC, Citibank, SCB, and BEA
  • Continuous collection and disposal of NPLs of financial institutions such as ICBC, CCB, and SCB

 

Typical Project Financing Cases

  • Intercontinental Hotel's RMB 800 million financing project
  • RMB 23.5 billion infrastructure loan between CCB Chongqing Branch and Chongqing City Construction Investment Corporation
  • RMB 1.5 billion Chongqing-Fuling Expressway financing project
  • RMB 1.8 billion rail transit construction loan between CDB Chongqing Branch and Chongqing City Construction Investment Corporation
  • RMB 2.106 billion syndicated loan between ICBC Chongqing Branch, CCB Chongqing Branch, and CDB and Chongqing Rail Transit Group

 

Typical Litigation Cases

Banking

  • Huge trust loan contract dispute between BNY Mellon and Hong Kong DadingInternational
  • ICBC Chongqing Branch v GDB Zhengzhou Branch, Loncin bill discount dispute case
  • BoC Shapingba Sub-Branch v PICC Chongqing deposit receipt dispute case
  • CIB Gansu Baiyin Branch and Chongqing 2nd Light Industry Supply and Marketing Corporation, Chongqing Creative Nonferrous Metals Corporation, ICBC Chongqing Yuzhong Sub-Branch bill dispute case
  • CCB Chongqing Branch v Chongqing Swell Holding (Group)Co., loan dispute case
  • CMB Chongqing Branch v Chongqing Energy Investment Group Co., Ltd., Deheng Securities bill dispute
  • CEB Chongqing Branch v Chongqing Foreign Trade Import and Export Co., Ltd., Chongqing Longsheng Container International Freight Co., L/C payment dispute case
  • Huaxia Bank Chongqing Branch v Chongqing CQMEC Machinery & Equipment Import & Export Co., Ltd. L/C package loan dispute case
  • Guangdong Development Bank v Saic-Iveco Hongyan Commercial Vehicle , Ltd. loan contract dispute
  • BEA Chongqing Branch v Neijiang Integrity Real Estate Development Co., Ltd., Luo Xiaoping financial loancontract dispute

 

Non-Banking Financial Institutions

  • China Great Wall Asset Management Corporation v Chongqing Haitang New Materials Co., Ltd., Tibet Mineral Development Co., loan contract dispute
  • Chongqing Zongshanghui Investment Assuring Co.,Ltd v Chongqing Yinxing (Fuling) Industry Co., Ltd., Chongqing Jiarui Biochemical Pharmaceutical Co., Ltd., Chongqing Haoyun Real Estate Development, Ltd. loan dispute loan
  • Chongqing Dadukou District Shengyuanchang Microfinance Co., Ltd. v Chongqing Hongchuan Hi-Tech Development Co., Ltd., Chongqing Tianhua Real Estate Development Co., Ltd., Chongqing Wankang Real Estate Development Co., Ltd. loan contract dispute
  • Cinda v Chongqing Yufu Real Estate Development Co., Ltd., Liu Jiaji et al. loan contracts