{"id":2250,"date":"2025-09-25T16:15:54","date_gmt":"2025-09-25T08:15:54","guid":{"rendered":"https:\/\/www.zhenghan.com\/news\/2250.html"},"modified":"2025-09-25T16:15:54","modified_gmt":"2025-09-25T08:15:54","slug":"lawyers-from-hongqiao-zhenghan-were-invited-to-conduct-a-special-training-on-the-new-guarantee-provisions-of-the-civil-code-for-shanghai-pudong-development-bank-shanghai-branch","status":"publish","type":"post","link":"https:\/\/www.zhenghan.com\/en\/news\/2250.html","title":{"rendered":"Lawyers from Hongqiao Zhenghan were invited to conduct a special training on the new guarantee provisions of the Civil Code for Shanghai Pudong Development Bank Shanghai Branch"},"content":{"rendered":"

On September 18, 2025, Lawyer Ma Lin from Shanghai Hongqiao Zhenghan Law Firm was invited to deliver a special training session titled *Essential Analysis of the New Guarantee Provisions under the Civil Code* at Shanghai Pudong Development Bank Shanghai Branch. More than 90 key business personnel from the Asset Protection Department of SPD Bank Shanghai Branch and its sub-branches attended the training. Centering on the Civil Code and the Judicial Interpretation on Guarantee Systems, the training focused on five major areas: external guarantees by companies, real estate guarantees, personal property guarantees, new rules on suretyship, and atypical credit enhancement, providing an in-depth interpretation of the new changes introduced by the updated guarantee regulations.<\/p>\n

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Lawyer Ma Lin<\/p>\n

In the core content segment, Lawyer Ma Lin conducted an in-depth analysis of high-frequency scenarios in asset protection business in conjunction with the new guarantee rules. In the field of external guarantees by companies, she summarized the review principles in the form of a mnemonic: “For external guarantees, keep in mind: for ordinary companies, check the resolution; for listed companies, check the announcement”. She emphasized that debt accession shall be handled by reference to guarantee rules, listed three exceptions where no resolution is required\u2014financial institutions issuing letters of guarantee, guarantees for the operation of wholly-owned subsidiaries, and guarantees signed and approved by shareholders holding more than two-thirds of the voting rights\u2014and explained the legal consequences of invalid guarantee contracts.<\/p>\n

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\nAddressing practical difficulties in real estate and personal property guarantees, Lawyer Ma Lin elaborated on the changes to registration rules: the transfer of mortgaged real estate has shifted from “requiring the consent of the mortgagee” to “transferable by default with the mortgage right following the property”. However, if the parties agree to prohibit transfer and register such an agreement, it may be enforced against a third party, and registration authorities in Shanghai and other regions have implemented the recording of “transfer prohibition agreements” in the registration books. For personal property guarantees, a “uniform priority rule” has been established: whether it is a mortgage, pledge, or floating charge, repayment shall be made in the order of perfection (registration or delivery). Meanwhile, the “purchase money super-priority” has been newly introduced: if a mortgage is registered within 10 days after the delivery of the personal property, it shall take priority over a prior floating charge, providing a more flexible guarantee approach for personal property financing.<\/p>\n

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\nOn the new rules for suretyship, Lawyer Ma Lin started with the changes in the presumed form of suretyship and the presumed suretyship period under the new guarantee provisions. Regarding issues such as the determination of guarantee liability in debt refinancing (replacing old loans with new ones), the connection between the suretyship period and the statute of limitations, and the characterization of atypical credit enhancement (deficit coverage, liquidity support, etc.), she combined guiding cases from the Supreme People’s Court and practical mnemonics, such as “Debt refinancing requires the consent of the new loan guarantor, otherwise the guarantor is exempted from liability” and “The expiration of the suretyship period is irreparable unless a new suretyship contract is formed”, helping participants quickly grasp the key rules.<\/p>\n

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Towards the end of the training, Lawyer Ma Lin interacted with the participants on the characterization of novel atypical credit enhancement and cutting-edge trends in judicial practice. Using examples such as “risk compensation agreements” and “keepwell deeds” in the course materials, she further clarified the judicial adjudication tendencies. Hongqiao Zhenghan Law Firm has long been deeply engaged in the financial asset management sector. In the future, it will continue to provide professional legal support to financial institutions through special trainings, case analyses and other forms, facilitating the compliant and sound development of the industry.<\/p>\n","protected":false},"excerpt":{"rendered":"

On September 18, 2025, Lawyer Ma Lin from Shanghai Hongqiao Zhenghan Law Firm was invited to deliver a special training session titled *Essential Analysis of the New Guarantee Provisions under the Civil Code* at Shanghai Pudong Development Bank Sh…<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[279],"tags":[],"class_list":["post-2250","post","type-post","status-publish","format-standard","hentry","category-news"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/posts\/2250","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/comments?post=2250"}],"version-history":[{"count":0,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/posts\/2250\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/media?parent=2250"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/categories?post=2250"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/tags?post=2250"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}