MAIN AREAS OF PRACTICE

CORPORATE
SECURITIES
BANKING & PROJECT FINANCE
FOREIGN INVESTMENT, INVESTMENT ABROAD & INTERNATIONAL TRADE
INFRASTRUCTURE & REAL EASTATE
IP & IT
Litigation & Arbitration
Financing (project finance and corporate finance)
BOT project

CORPORATE

Since the establishment of Jin Mao, its lawyers have been devoted to providing all-round and multi-level legal services for clients of foreign companies and companies of Hong Kong, Macao and Taiwan Province. Jin Mao is a professional law firm approved by the Shanghai Foreign Economics and Trade Commission and the Shanghai Foreign Investment Commission to possess the qualification for representing foreign projects. Jin Mao takes pride in its experienced and skillful corporate lawyers who render such services as due diligence, participation in project negotiation, drafting of legal documentation and issuance of Chinese legal opinion and etc. in the aspects of establishment of foreign-funded enterprises, corporate restructuring, project finance and M&A for a number of enterprises ranking in the World 500 such as International Paper Co.(USA), Ford, Siemens, Liquid Air Co.(France), Philips, Mitsubishi, Fuji Film, Daewoo, SOEIETE GENERALE, Rabobank, Swiss Bank, Singapore Development Bank and etc., and companies of Hong Kong, Macao and Taiwan Province such as New World Group(Hong Kong), Xing Nan Group(Macao), Hong Li Semi-conductor Group(Taiwan).

In this area, legal services provided by Jin Mao include but not limited to the following:
■ Corporate restructuring and reorganization;
■ Mergers and acquisitions;
■ Incorporation and alteration;
■ Foreign direct investment and re-investment;
■ Overseas investment;
■ Taxation;
■ Intellectual property;
■ Industrial relations rights;
■ Insolvency & liquidation;
■ Venture capital;
■ Company secretarial services.

SECURITIES

Jin Mao, qualified as the major coordinator for employees' shareholding of foreign economic and trade enterprises, is one of the first law firms approved to undertake securities legal practice by the Ministry of Justice, PRC and the China Securities Regulatory Commission (CSRC). In December 2000, Jin Mao was authorized as one of the first 59 law firms qualified to advise on share issuing and listing of foreign listed corporations with internal interests in 2000 by the CSRC and the Ministry of Justice, PRC. Since 1993, Jin Mao has been actively involved in advising on corporate restructuring and listing for more than one hundred enterprises at home and abroad inclusive of such noted cases as the first B shares rights issue, the first A shares issuing of genuine B shares, the first restructuring of two listing companies by means of shell merger & allow, the first direct acquisition of a overseas listing enterprise by a domestic enterprise, the first Shanghai H shares issue in Hong Kong GEM and the first listing of foreign-funded enterprises. Many domestic enterprises advised by Jin Mao have been listed in NASDAQ, GEM, and capital markets of Singapore, Switzerland, Germany and the like.
During the process of launching securities practice, Jin Mao has forged sound relationship with relevant regulatory authorities in PRC, including CSRC, the Ministry of Foreign Trade and Economic Cooperation, the State Economic and Trade Commission, the State Development Planning Commission, and related local government authorities.

Securities lawyers at Jin Mao assist clients with affairs on securities flotation and transaction, including but not limited to:
■ Corporate formation and establishment of governance structure;
■ Shareholding restructuring of various enterprises;
■ Issuing and listing of bonds (including local bonds and international bonds);
■ Issuing of negotiable certificates of deposit;
■ Securities issuing and listing or new issuance ;
■ RMB shares (A shares) issuing and listing;
■ Domestic issuing and listing of foreign invested shares (B shares);
■ Overseas issuing and listing of foreign currency shares(H shares, N shares and etc.)
■ Domestic and overseas issuing and listing of preference shares;
■ Share allotment;
■ Due diligence and issuance of legal opinion;

BANKING & PROJECT FINANCE

Banking & Project Finance constitute one of the core practice areas of Jin Mao, in the field of which Jin Mao is in possession of a group of experienced senior lawyers. Over the years, Jin Mao has been widely involved in major commercial lending transactions in Shanghai and other provinces and cities in China, such as the first group of foreign banks awarded RMB business license, the first international syndicated loan projects of Pudong New District, domestic loan project of World Bank and Asia Development Bank, and finance project of foreign banks such as SOEIETE GENERALE, Swiss Bank, Singapore Development Bank and etc. Services provided by Jin Mao involve diversified financial products with considerable project amount. Furthermore, in the increasingly important project finance field, lawyers at Jin Mao have ever provided packages of legal services for financing large manufacturing projects of some of the enterprises ranked in World 500 such as International Paper Co.(USA), Ford, Siemens, ThyssenKrupp, Liquid Air Co., Philips, Mitsubishi, Fuji Film, Daewoo and etc., and companies of Hong Kong, Macao and Taiwan Province such as New World Group(Hong Kong), Xing Nan Group(Macao), Hong Li Semi-conductor Group(Taiwan).
Banking & Finance practice undertaken by Jin Mao include but not limited to:
■ Bilateral, club and syndicated loan facilities;
■ Loan facilities granted by governments and supranational financial institutions and on-lending arrangements relating thereto;
■ Infrastructure project finance (power project, water treatment plant, highways, viaducts, tunnels, metros and etc.);
■ Project finance for large manufacturing project;
■ Trade documentation, packing finance and other trade finance;
■ Guarantee, mortgage and other security arrangements;
■ Debt restructuring and liquidation;
■ Finance lease;
■ Loan asset trade;
■ Negotiable instruments, bank accounts, certificates of deposit and option;
■ Incorporation and reorganization of financial institutions;
■ Investment fund.

FOREIGN INVESTMENT, INVESTMENT ABROAD & INTERNATIONAL TRADE

Jin Mao possesses professional qualification and experience for representing foreign projects. It is since early 1990's that lawyers at Jin Mao have taken an active part in the legal field of foreign direct investment, providing all-round and multi-level legal services for establishment of joint ventures, cooperative ventures and wholly foreign-owned enterprises, and mergers of domestic enterprises and assets by foreign businesses, investment restructuring, technology transfer, liquidation and etc. Foreign direct investment and re-investment advised by our lawyers involve a variety of industries, such as telecommunication, software, Internet, energy, chemicals, infrastructure, automobile, steel, machinery, construction materials and etc. Since the establishment of Jin Mao, our lawyers have assisted a number of enterprises listed in World 500 and some famous multinationals of Hong Kong, Macao and Taiwan Province to set up businesses in PRC, and continue to offer all-round legal services to the established foreign-funded enterprises. Moreover, our lawyers have ever provided systematic legal services for such large-scale multinational investment projects as Infineon, Fuji Film, Shell and etc. In terms of overseas investment, lawyers at Jin Mao have helped many domestic large enterprises invest abroad and set up offshore companies. At Jin Mao, several lawyers proficient in international trade rules and relevant laws of major trade partner countries and regions to our country are employed as legal counsels to a number of large domestic foreign trade companies, providing a full set of legal services for import and export practice.

In the area of foreign investment, Jin Mao provides legal services inclusive of but not limited to:
■ Initial investment planning and due diligence;
■ Establishment of joint ventures, cooperative ventures, wholly foreign-owned enterprises or other forms of corporate entities;
■ Registrations and filings with government authorities;
■ Design of corporate governance;
■ Customs formalities, import and export of equipment and products;
■ Labor and human resources;
■ Tax planning, formulation of exit strategies;
■ Intellectual property;
■ Foreign exchange;
■ Off-shore company registration and ongoing legal services;
■ Import & Export;
■ Relevant litigation & arbitration support.

INFRASTRUCTURE & REAL EASTATE

Compared with its counterparts, Jin Mao takes a leading position in the practice of infrastructure and real estate. We are capable of providing multi-faceted and multi-level legal services for property developers, banks, domestic and foreign investors, or owners, constructors and designers. Since the launch of Jin Mao, its lawyers have availed themselves of the opportunity granted by the opening and development of Pudong, advising systematically on a number of municipal infrastructure projects of oversize scale such as Nanpu Bridge, Yangpu Bridge, Shanghai Metro, Inner and Outer Ring Viaducts, Shanghai Water Sewage Treatment Project, Manufacturing Project of Taiwan Hong Li Semi-conductor Group, Tong San National Highway, Shanghai-Hangzhou Highway (Shanghai Portion), Shanghai Railway Traffic, Information Port of Shanghai Port, Pudong International Airport, Huangpu River Tunnel, Magnetic Levitation Engineering Project and etc. Over the past few years, our lawyers have provided packages of legal services regarding approved lease of land, contract and subcontract of projects, construction, pre-sales and sales of properties, property management, housing loan mortgage, project finance and etc. for 100-plus famous Mansions in Shanghai (such as Jin Mao Mansion, Shanghai Stock Exchange, New Construction Mansion, BoC Mansion, Universal Mansion and etc.). Our lawyers' proficiency in property laws, regulations, policies and practices in Shanghai and PRC as a whole and their familiarity with the regulatory goal of government authorities and various needs of different clients shall ensure protection for the interests of clients to a maximal extent.

Our legal services in the area of infrastructure and real estate include but not limited to:
■ Granting, transfer and lease of land-use rights;
■ Contracting, subcontracting and construction of projects;
■ Property development and conveyance;
■ Pre-lease and lease of property;
■ Pre-sales and sales of property;
■ Housing loan against mortgage;
■ Infrastructure and property development finance;
■ Property management;
■ Property second-level market operation;
■ Prospecting, design, planning, construction and installation.

IP & IT

Jin Mao has a team of lawyers qualified as patent and trademark agent or mediator at Y2K Center. In the area of intellectual property and information technology, Jin Mao advises clients on intellectual property involving patents, trademarks, copyrights, anti unfair competition, trade secrets, network IP and other relevant issues, and also on private fund raising and establishment of overseas listing companies for network companies and etc. In recent years, some influential cases represented by lawyers of Jin Mao such as remuneration case of Lu Xun, copyright case of Wa Haha, anti-unfair-competition case of a multi-national corporation and etc. have been subject to frequent media exposure. Our substantial experience in securing and defending clients rights and close contacts with relevant government and justice authorities in charge of intellectual property protection, Jin Mao is capable of serving clients to the maximal extent. Highly effective and excellent representing services have earned Jin Mao trust from a great many clients both at home and abroad, and a sound reputation amongst the legal community.

Jin Mao provided a broad range of legal services in the area of IP & IT including but not limited to:
■ Literary retrieval, surveillance and investigation of patents and trademarks;
■ Filing patent and trademark application and examination;
■ Administrative, infringement and copyright litigations relating to patents and trademarks;
■ Maintenance, licensing and assignment of patents, and prolongation, alteration, licensing and assignment of registered trademarks;
■ Computer software registration;
■ Legal consultation for domain name, and domain name registration;
■ E-commerce;
■ Drafting contracts concerning intellectual property;
■ Operating practice with regard to customs protection for intellectual property;
■ Representing arbitration cases of intellectual property contract disputes.

LITIGATION & ARBITRATION

Jin Mao has lawyers who are in the meanwhile serving as arbitrators with China International Economic and Trade Arbitration Commission and Shanghai Arbitration Commission and those who once worked in courts at different levels in Shanghai, which consequently has endowed Jin Mao with traditional advantages in economic and civil litigation and arbitration. Sufficient experience, skillful technique and familiarity with PRC's justice practice of lawyers at Jin Mao secure a swift and effective maintenance for the benefit of our clients. Our lawyers may represent local and foreign clients in various fields, appearing before the courts in Shanghai and other locations of PRC, and apply for court order to seize assets and investigate assets situation and etc. What's more, it's the fact that some of our lawyers enjoy the membership of the International Association of Lawyers or act as the commissioner with International Trade Laws Commission of UN, and that Jin Mao maintains sound cooperative relationship with numerous world-renowned law firms that enable us to effectively represent clients at home and abroad in international arbitration, or assist our domestic clients to pursue overseas legal proceedings.

In litigation & arbitration practice, legal services for dispute resolution provided by Jin Mao cover but not limited to:
■ Commercial lending transaction, negotiable instrument, and letter of
credit disputes;
■ Securities & futures disputes;
■ Investment disputes;
■ Industrial relationship disputes;
■ International trade disputes;
■ Intellectual property disputes;
■ Property transaction disputes;
■ Contract disputes;
■ International settlement disputes;
■ Maritime disputes.