Feifei Yang

Practice Areas

Mr. Yang mainly specializes in finance, commercial dispute resolution, disposal of non-performing assets and bankruptcy.

He has represented China Construction Bank, China Minsheng Banking Corp. Ltd., XIAMEN INTERNATIONAL BANK, Ping An Trust, COFCO Trust, Huarong Asset Management, Galaxy Jinhui, CITIC Securities, Zhongshan Securities, COFCO Corporation, COFCO Property and POWERCHINA and other large state-owned enterprises and financial institutions. He has also provided legal service for China Minsheng Banking Corp. Ltd., POWERCHINA Real Estate Group Ltd. and COFCO Property, etc. on the handling of complex risk matters.

Publications

Reshaping Financial Rules: Impact of the Civil Code on Financial Business and Responses, Beijing University Press, Co-author

Impact of the Minutes of the National Work Conference for Civil and Commercial Adjudication on Banking Business and Responses

Impact of the Minutes of the National Work Conference for Civil and Commercial Adjudication on Trust Business and Responses

Impact of the Minutes of the National Work Conference for Civil and Commercial Adjudication on Securities Business and Responses

Financial Adjudication Concepts Embodied in the Minutes of the Ninth People's Meeting

New Judicial Trend of the Effectiveness of External Guaranty of Companies and Risk Prevention Path

Legal Analysis of the "Earnout Agreement" in Private Equity Investment

The Necessity and Realization Path of Property Preservation in the Disposal of Bonds in Default

Languages Spoken

Chinese, English

Work Highlights

Dispute Resolution Area

Financial Cases

Providing legal services for a project involving the disposal of approximately RMB 5 billion assets between a large state-owned financial enterprise and a controlling shareholder of a listed company as well as other companies, including initiating actions, participating in bankruptcy liquidation and reorganization proceedings. So far, the financial enterprise has involved four bankruptcy proceedings, four actions, three project non-litigation services, five substantial merger bankruptcy reviews or other objection proceedings of the court, and three administrative review proceedings of the government. Professional issues in many fields such as the collection of bankruptcy creditor's rights, disputes over financial loan contracts, actions over guarantee contracts, administrative proceedings involving the reclamation of idle land, administrative reviews, non-litigation services for project management, design of reorganization plans and reorganization investment legal advisory services;

Representing Ping An Trust to file a first instance lawsuit in Guangdong High Court and to conduct the second instance proceeding in the First Circuit Court of the Supreme People's Court regarding a financial loan contract dispute between the Ping An Trust and a company, the subject matter of the case is approximately RMB 1.5 billion;

Representing a large state-owned financial enterprise to provide legal service for a project with assets of approximately RMB 1.2 billion between the said enterprise and Evergrande Group and its subsidiaries;

Acting for a trust company to respond to a second-instance trust loan case between the said trust company and a company in Beijing High People's Court, the subject matter of the case is approximately RMB 1.5 billion;

Representing a subsidiary of Huarong to file a first-instance litigation in No. 4 Intermediate People's Court regarding a financial loan contract dispute between the said subsidiary and a company, the subject matter of the case is approximately RMB 1.1 billion;

Representing Galaxy Golden Hui to file a first-instance litigation in Shanghai Financial Court regarding the disputes over the transfer of trust beneficial interest Rights Firm A&C;

Acting as the agent of Huarong Capital filed a first-instance litigation before Beijing No. 4 Intermediate People's Court with respect to the financial loan contract dispute between Huarong Capital and a real estate company.

Represented a bank in a dispute over a $300 million deposit contract between it and 10 depositors before the Third Circuit Court of the Supreme People's Court, with the subject matter of the case about CNY300 million;

Representing a company to file a first-instance litigation in Shanghai Financial Court regarding its contractual dispute over the trust beneficial interest transfer with a trust company, the subject matter of the case is approximately RMB 500 million;

Providing full-process legal services for a securities company to resolve a series of disputes arising from a repo transaction of 1 billion pledged Equity Securities between the securities company and the controlling shareholder of a listed company, including enforcement of notarized debt instruments, case analysis, design and optimization of debt disposal plan, evaluation and selection of remedy path, disposal and recovery of debt and so on;

Representing a trust company to apply to Shanghai Financial Court for enforcement of notarized debt instruments relating to 1 billion Equity Securities income right between the said trust company and a shareholder of a listed company;

Representing Zhongshan Securities to provide full-process legal services for margin financing and securities lending clients in the project of the disposal of 130 million loan assets between it and such clients, including the issuance of notarized debt instruments, negotiation and reconciliation with the margin financing and securities lending clients, and the design and optimization of the debt disposal plan;

Representing China Minsheng Bank, Ltd., Handan Branch to file a lawsuit in the Higher People's Court of Hebei Province regarding the loan contract dispute with a company, the amount of which was approximately RMB 167 million;

Acting for Zhongshan Securities in response to litigation in the case of four securities misrepresentation liability arising from the issuance of a bond between Zhongshan Securities and its investors.

Complex, Difficult Cases of Second Instance and Retrial Cases

Representing Ping An Trust in the second instance before the First Circuit Court of the Supreme People's Court regarding the dispute over a financial loan contract with a company, the subject matter of which was approximately RMB 2 billion;

Representing China Construction Bank to respond to litigation in the Fourth Circuit Court of the Supreme People's Court regarding the dispute over savings contracts with 10 depositors, the subject matter of which was approximately RMB 300 million;

Representing China ENERGY Engineering Corporation Limited to file a petition for retrial before the Headquarters of the Supreme People's Court regarding the financial leasing dispute with a company, the subject matter of which was approximately RMB 300 million;

Representing Henan First Thermal Power Company to respond to litigation in the Fourth Circuit Court of the Supreme People's Court regarding the dispute over a construction project contract with a company, the subject matter of which was approximately RMB 200 million;

Representing XX real estate company to file a petition for retrial before the Headquarters of the Supreme People's Court regarding the dispute over a contract with a company, the subject matter of which was approximately RMB160 million;

Representing Ningxia Zhongyin Cashmere Co., Ltd. to file a retrial before the Fourth Circuit Court of the Supreme People's Court regarding the dispute over a privatization investment project of an American listed company with a company, the subject matter of which was approximately RMB 300 million;

Representing CGM Holdings to file a petition for retrial before the Headquarters of the Supreme People's Court regarding the dispute over property damage between CGM Holdings and a company, the subject matter of which was approximately RMB 600 million;

Representing a natural person to respond to litigation in the Fourth Circuit Court of the Supreme People's Court regarding the dispute over private lending for the second time between the natural person and the company, the subject matter of which was approximately RMB 100 million;

Representing a natural person to respond to litigation in the Fourth Circuit Court of the Supreme People's Court regarding the dispute over private lending for the second time between the natural person and the company, the subject matter of which was approximately RMB 50 million;

Bankruptcy

Represented a top asset management company in the bankruptcy proceedings of the controlling shareholder of Zotye Automobile Co., Ltd. and related companies, and so far has involved in the bankruptcy liquidation proceedings of 3 companies and bankruptcy reorganization proceedings of 3 companies; The scope of services covers creditor's right declaration, participation in creditors' meetings, filing actions for confirmation of bankruptcy claims, raising objection to the administrator's repayment plan, application on behalf of the administrator for revocation of resolutions of the creditors' meeting on the adoption of the reorganization plan, application on behalf of the administrator for resumption of exercise of security interests, cooperation in negotiation with the administrator and potential investors, handling objection and reconsideration relating to substantive merger in bankruptcy, assistance in participation in creditor's committee, formulation of defense plans for warranty disputes, design of reorganization plans, provision of legal opinions and suggestions on relevant legal issues, etc.;

Representing First Capital Securities Co., Ltd. in participating in the bankruptcy and reorganization proceedings of Tewoo Group Co., Ltd.; the scope of service is: declaring creditor's rights, attending creditors' meetings, providing legal advice and response suggestions on relevant issues, and cooperating in negotiations with the administrator, etc.;

Representing a head trust to provide legal services in respect of the substantive merger between a company it invested in and Huaxin (the entity controlled by Huaxin), including issuing legal advice, negotiating with the administrator, raising objection to the bankruptcy court, participating in hearing procedures and etc.;

Education