天波律师事务所
 
TEL:86-10-84643018
 

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      CHINESE
Banking and Finance
 
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Contact Details:
TEL:86-10-84643018
FAX:86-10-84649785

With an in-depth understanding of PRC law, we provide services concerning every regulatory matter of all banking business. We examine the inherent risks whether the client is a developer, lender, host government, or other participant and propose a framework to allocate risks to the parties best able to bear them, with a view to minimizing the risks assumed by the client. Once the client determines which risks it is willing or required to bear, we work together to minimize the costs emanating from those risks and maximize the rewards the client seeks from its investment, whether equity, debt or other value such as fees, royalties or concession receipts.

SCOPE OF OUR SERVICES

Project Finance: We represent clients in structuring financing for a project; drafting and negotiating loan documentation for a variety of financing types, together with security documents and collateral agency agreements, inter-creditor documents and cross collateralization arrangements; negotiating bond, and similar financing; drafting and negotiating project contracts, including power purchase agreements and other facility agreements, fuel and raw material supply and transportation contracts, engineering and construction contracts, design and license agreements, and operation and maintenance agreements.

Acquisition Finance: We represent financial institutions, equity funds, and corporate entities in connection with financing of mergers, acquisitions, management and highly leveraged buyouts, restructurings and other similar transactions.

Loan & Credit: We represent both financial institutions and corporate borrowers in every aspect of loan transactions. These transactions include single bank loans and credit facilities (ranging from short-term unsecured facilities to global banking facilities involving multi-jurisdictional collateral), bilateral loans, syndicated loans, and participations, and are typically comprised of term loans, revolving loans, letter of credit facilities, and/or bid loan facilities. We also represent financial institutions in their capacities as agents, senior lenders or other syndicate members, sellers or purchasers of participations, and assignors or assignees of direct loan interests.

Real Property: We represent clients in drafting and negotiating ground leases, real property acquisition agreements, and mortgages; structuring the right of land use.

Official Aproval: We represent clients in preparing and reviewing applications for permits and other governmental approvals relating to construction and operation, negotiating with permitting agencies and other authorities responsible for project approvals, negotiating environmental issues affecting project sites with environmental authorities, lenders and other project participants.

Licensing and Technology Transfer: We represent clients in drafting and negotiating licensing and technology-use agreements; analyzing intellectual property issues and technology transfer restrictions.

Dispute Resolution: We represent clients in settlement negotiations involving contractors, financing parties and other project participants, and rendering litigation as well as other dispute resolution.

PROCEDURE

1. Submitting Documents

Business License
Certificate of the identity of the legal representative
Phone, fax and mailing address of the contact person appointed
Investment Opinion
Introduction to the company
Introduction to the project
Planning and analysis of the market
Choice of project site
Corporate structure, quota of the labor, source of the labor, salary structure
Advice on the amount of financing
Advice on financing use
Advice on the way of cooperation, years of investment return and investment reward
Financial Analysis
Conclusion
Approval Document
Resume of board of management

2. Legal Opinion regarding Financing

3. Operation based on Financial Plan

recommending the name list of investors or partners
face to face negotiation
site investigation and confirmation with respect to the material issues
signing investment agreement
payment and follow-up service

4. Dispute Resolution

 

 

 

 

 

 

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