On April 17, Wang Yang, Partner of Shanghai Zhenghan Law Firm, together with Lawyers Wang Chu, Sun Jia and Legal Assistant Luo Ziying, were invited by the Shanghai Branch of a state-owned non-performing asset management company (AMC) to deliver a special sharing session on “Penetrative Debt Recovery” and “Shareholder Rights Preservation and Enforcement” for multiple business lines including the Asset Department, Investment Department and the Legal & Compliance Department of the branch.<\/p>\n
In response to various debt recovery challenges such as debtor default and debt evasion frequently encountered in practice in recent years, with the goal of “exhausting all liable parties, all rights and all procedures”, Zhenghan Law Firm fully utilized various institutional tools including the new Company Law, Civil Code and Criminal Law, and introduced the macro thinking of creditors’ penetrative recovery from two aspects: “piercing the corporate limited liability” and “breaking the relativity of obligations”.<\/p>\n
Combined with the business practice of non-performing asset disposal and starting from the actual debt recovery scenarios of creditors, Zhenghan Law Firm elaborated on six major categories of exhaustive debt recovery paths one by one, specifically including capital contribution, asset mixing, liquidation, preservation, tort and criminal categories. It also analyzed and addressed practical difficulties such as the basis of claim, exercise procedures and evidence collection and production under each path of penetrative debt recovery, fully demonstrating the firm’s rich experience in handling complex and major commercial dispute resolution cases.<\/p>\n
Shareholder rights preservation and enforcement involves the connection between judicial procedures, stock trading rules and regulatory standards, and relies on a variety of trading systems and processes, which is prone to conflicts and disconnections, making it a major practical difficulty in debt recovery. Targeting such “intractable problems”, Zhenghan Law Firm, based on its rich practical experience in property preservation and enforcement, systematically sorted out and introduced the practical key points of shareholder rights preservation and disposal: in terms of preservation, including the subject matter of preservation, assisting entities, effective time and preservation amount; in terms of disposal, including the types of shares, disposal methods and disposal prices, providing useful ideas and experience for creditors to smooth the “paths” of shareholder rights preservation and enforcement and avoid the “pitfalls” in preservation and disposal.<\/p>\n
Renowned for its leading dispute resolution practice, Zhenghan Law Firm has long represented a large number of complex and difficult commercial cases, cross-border dispute resolution cases, as well as market-oriented asset and debt restructuring cases including bankruptcy, providing professional dispute resolution services to large financial institutions, listed companies, governments and renowned enterprises. It has been consecutively awarded National Excellent Law Firm, Shanghai Top Ten Law Firm, and Chambers “Band 1 in Corporate and Commercial Law”; it has also won awards such as “Outstanding Law Firm in Domestic\/Cross-border Dispute Resolution” and “Banking and Finance” by China Business Law Journal. Adopting the LockStep partnership model, Zhenghan Law Firm has built the entire firm into an integrated management team with clear professional division of labor to meet and exceed client service needs.<\/p>\n","protected":false},"excerpt":{"rendered":"
On April 17, Wang Yang, Partner of Shanghai Zhenghan Law Firm, together with Lawyers Wang Chu, Sun Jia and Legal Assistant Luo Ziying, were invited by the Shanghai Branch of a state-owned non-performing asset management company (AMC) to deliver a …<\/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":[279,280],"tags":[],"class_list":["post-2315","post","type-post","status-publish","format-standard","hentry","category-news","category-event"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/posts\/2315","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=2315"}],"version-history":[{"count":0,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/posts\/2315\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/media?parent=2315"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/categories?post=2315"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.zhenghan.com\/en\/wp-json\/wp\/v2\/tags?post=2315"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}