Our
Practice
In all of our work for clients, we adhere to
team commitment through which lawyers from multiple
areas pool their skills and experience to serve
clients effectively and efficiently. Our team
approach to legal solutions has been extremely
well received by our clients.
Since our establishment in 2004, RayYin has
made a name for its comprehensive civil and
business law practice, as well as our commitment
to professional ethics and quality services.
We have the experience, expertise and resources
to ensure that our clients can rely on us for
all their legal needs related to China. While
our firm provides full service to our clients
through teamwork, our lawyers generally focus
on one or two practice areas so that they can
develop their expertise in those areas. The
following are areas of practice in which we
are particularly experienced.
Foreign Investment
Trusts
Non Performing Loans ("NPLs")Disposal
Banking and Finance
Securities and Capital Markets
Corporate Reorganization, Merger
& Acquisition
Real Estate and Infrastructure
Construction
Intellectual Property
Insurance
Taxation, Administrative and Regulatory
Matters
Employment
Commercial
Litigation and Arbitration
Foreign
Investment
China's entry into WTO has opened up new areas
for foreign investment and RayYin is uniquely
positioned to provide professional services
in this regard. As a firm in foreign investment
law, RayYin has assisted numerous foreign companies
with their investment projects in China. We
are well known for our expertise and creativity
in structuring investment projects and in protecting
our clients' rights and interests.
We provide our clients with thoughtful and comprehensive
services in setting up business ventures in
China, including joint ventures (equity and
cooperative), wholly foreign-owned enterprises,
representative offices, and contracted projects.
We advise our clients on the structure of their
investment, formulate and implement negotiation
strategies, help secure government approvals
and permits.
After the establishment of those foreign-invested
entities ("FIE’) in China, our on-going
services can ensure a continuous legal coverage
for their business operations. We counsel them
on the ramifications of labor and employment
law, local and international tax implications,
intellectual property issues, foreign exchange
issues, contractual and other operational matters
that are commonly faced by FIEs.
Trusts
We are the first Chinese law firm providing
professional legal counseling on trusts since
the promulgation of Chinese Trust Law in 2001.
Our partners are the first Chinese lawyers studying
English and international trust law systematically
in UK. Our research on various legal issues
concerning Chinese trust law including trustees’
investment duty and possible commercial and
financial uses of trusts enable us to assist
our clients creatively and thoughtfully. Among
others, we assist our clients to design MBO,
ESOP, business ownership structure changes,
collective investment scheme and securitization
scheme. Backed up by leading international trust
authority, we also assist our clients to set
up non-charitable purpose trusts in offshore
jurisdictions. Our clients include trust and
investment companies, insurance companies, banks,
various enterprises, investment funds and individuals.
Non
Performing Loans ("NPLs")Disposal
Due to our extensive experiences and good woking
relations with various Asset Management
Companies(AMCs) in China, we are able to provide
full service to overseas investors in the
following stages:
(1) Offer: get the preliminary information about
the sale of NPLs including the whole amount of
debts involved, the number of debtors and the
constitution of debts before a specific AMC
announce the sale to the public;
(2) Due Diligence investigation: conduct due
diligence investigation;
(3) Negotiation: help the investor to finalize a
favorable bidding price;
(4) Structure Design: design a structure to
facilitate the money and assets transfer, e.g.,
use of trusts or set up a joint venture;
(5) Acquisition: draft contracts and transfer of
legal title of assets;
(6) Litigation or Mediation: resort to
litigation or non-litigation procedure to bring
a decision or agreement to prepare the
enforcement;
(7) Enforcement: recover NPLs and realize
security interests.
Banking & Finance
We provide advice to our clients on the laws,
regulations and policies that govern financial
transactions. We assist our clients, both domestic
and foreign, in the negotiation, document preparation,
and closing of international syndicated loans,
government borrowings, commercial loans, shareholder
loans and leasing transactions.
Our lawyers are particularly experienced in
structuring project finance and asset-based
lending transactions of various kinds including
the designing and creation of innovative and
workable securitization instruments and techniques.
Always abreast of the rapidly changing legal
environment of financial transactions and activities,
we help our clients enter into China's emerging
areas of financial services, such as insurance,
derivatives and commodity futures markets and
asset and investment management, and assist
them implementing their business operation and
expansion plans in China.
Securities and Capital Markets
Our lawyers have acquired extensive experience
in representing a variety of issuers on debt and
equity securities offerings, including large-scale
multi-jurisdictional offerings. We also advise
underwriters on China's securities laws and regulations.
Our securities law partners regularly counsel
relevant securities regulatory authorities on
securities-related legislative and regulatory
issues, and actively participate in the securities
issuing and review process.
Corporate
Reorganization, Merger & Acquisition
RayYin's corporate practice offers comprehensive
services in all types of corporate matters, including
corporate formation, regulatory compliance, personnel
and compensation, ownership and management restructuring,
equity and debt offering, bankruptcy, reorganization
and liquidation, venture capital, leasing and
other forms of corporate financing. Our experience
covers many industry sectors, handling transactions
in telecoms, media and technology, pharmaceutical,
energy, transport and manufacturing.
RayYin has considerable experience in various
kinds of corporate restructuring and reorganization,
insolvency and liquidation proceedings. The firm
represents both creditors and debtors, from international
financial institutions to state-owned or private
enterprises. We have also been significantly involved
in the recent restructuring of bad loans across
China's banking and financial industry, as well
as debt-for-equity conversion projects.
Real Estate and Infrastructure Construction
Real
Estate and Infrastructure Construction
RayYin’s lawyers are experienced in representing
clients in connection with a variety of real estate
deals and development projects, advising them
on the laws, regulations and policies regarding
the acquisition, use, lease, valuation, mortgage,
assignment and transfer of land use rights and
other real estate related rights. We prepare all
legal documents required in real estate transactions.
Some of our lawyers have built a strong expertise
in infrastructure construction and assisted many
clients, foreign and domestic, in project bidding,
preparation and negotiation of legal documents
and dispute resolution in connection with various
infrastructure projects, including BOT project,
such as power plants, water plants, bridges, highways
and airports as well as environmental protection
facilities.
Intellectual
Property
RayYin's lawyers provide services in a full spectrum
of IP law – counseling, procurement, monitoring
and enforcement. We assist our clients in investigating
and prosecuting infringements affecting copyrights,
patents, trademarks, computer software and trade
secrets. More importantly, we help our clients
develop and implement comprehensive, preventive
monitoring and redressing strategies to ensure
their intellectual property rights receive maximum
protection in China.
With multiple association law firms ranging from
North to South of China, we have an unmatched
reach to represent foreign IP rights owners nationwide
in protecting and enforcing IP rights. We also
have a great deal of experience in cross-border
technology transfer and licensing.
Insurance
The Insurance team of RayYin&Partners has
extensive experience in providing legal services
to insurance area. Our professional are well
trained in handling various insurance affaires
ranging from casualty, public/products liability,
personnel injury, worker’s compensation to employer’s
fidelity and other policy issues. We have been
acting as consultant to numerous insurance institutions
in policy wording, legal opinions issuing, and
claims handling process. We are also well recognized
for representing clients in insurance litigation
and subrogation cases.
Taxation,
Administrative and Regulatory Matters
China's move toward privatization and opening
up for foreign investment has led her to implement
a tax system that is becoming increasingly complex.
We keep our clients up to date on the tax implications
of commercial transactions and on ways to minimize
tax liabilities. We assist our clients in securing
the most preferential tax treatment for their
investment projects and business transactions.
We also assist our clients in resolving tax-related
disputes.
Our firm has extensive past dealings and close
working relationships with various government
agencies, at both the central and local levels.
These serve as an unparalleled source of legal
information, allowing us to provide effective
legal representation before various governmental
and regulatory authorities on matters ranging
from foreign exchange control to environmental
protection, and from drug regulation to special
industry access permitting.
Employment
Our lawyers have the established expertise and
skills in handling a full range of labor related
matters, including drafting and negotiating employment
contracts, confidentiality and non-compete agreements,
advising on labor law requirements regarding employee
hiring and termination, employment benefits, social
security, health and safety requirements, and
assisting with formulating employment manuals
and code of conduct. Our lawyers have frequently
represented clients in labor arbitration sessions
and judicial proceedings to solve their labor
and employment related disputes.
Commercial
Litigation and Arbitration
Our lawyers regularly appear before various courts
and arbitration tribunals in China. We have successfully
represented many foreign companies in resolving
various commercial disputes in China due to our
lawyers' litigation skills, practical approach
in strategy planning and thoughtfulness in handling
the issues involved.
Our arbitration lawyers have frequently appeared
in arbitration proceedings conducted under the
auspices of China International Economic and Trade
Arbitration Committee (CIETAC) and other major
international arbitration institutions including
International Court of Arbitration of International
Chamber of Commerce and Hong Kong International
Arbitration Center, and have won significant arbitral
awards for our clients both in China and abroad.
