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Beijing Head OfficeAdd: 19/F, Tower B, Xinsheng Plaza, 5 Finance Street, Xicheng District, Beijing 100032, PRCTel: (86-10) 6657 8066Fax: (86-10) 6657 8016Email: guantao@guantao.com Chengdu Office...
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Guantao assists Chongqing Talent New Energy Co., Ltd. in introducing investments by several funds of
Release time:
2024
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09
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02
Guantao assists Chongqing Talent New Energy Co., Ltd. in introducing investments by several funds of Changan Auto and CSGCRecently, Chongqing Talent New Energy Co., Ltd. ("Talent New Energy") completed Series B strategic financing at hundreds of millions of RMB yuan. This round of financing was completed by Anhe Fund, a subsidiary of Changan Auto and several funds of China South Industries Group Co. ,, Ltd. (CSGC). Guantao partners Ma Yupeng and Xiao Yueyao led the team to provide legal services for the entire process of this deal, including analyzing and advising financing plan, negotiation and review of financing agreements, and preparation and implementation of financing- related legal documents. Talent New Energy had completed five rounds of financing before ...
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Guantao assists Aluminum Corporation of China in issuing US$650 million of senior bonds overseas
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2024
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08
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20
Guantao assists Aluminum Corporation of China in issuing US$650 million of senior bonds overseasIn August 2024, Aluminum Corporation of China ("Chinalco Group") successfully issued US$650 million of senior bonds overseas with 3.5-year coupon rate of 4.75%. Chinalco Group is an important state-owned backbone enterprise under the direct management by the State-owned Assets Supervision and Administration Commission of the State Council. According to Fortune magazine, Chinalco Group has been among the Fortune 500 since 2008. Guantao acted as the PRC counsel to the issuer in this offering and provided legal services to the issuer throughout the entire process. The leading partner of Guantao in this offering is Mr. Chen Xiaochuang.
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Guantao assists client in issuing Sinolink Asset Management - Ji’nan Jinkong Factoring Phase 1 Asse
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2024
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08
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14
Guantao assists client in issuing Sinolink Asset Management - Ji’nan Jinkong Factoring Phase 1 Asset-backed Special ProgramRecently, Guantao assisted Ji’nan Jinkong Commercial Factoring Co., Ltd. in the successful issuance of the Sinolink Asset Management - Ji’nan Jinkong Factoring Phase 1 Asset-backed Special Program at Shanghai Stock Exchange. This Phase I is the initial issuance under the ABS program Ji’nan Jinkong Factoring Phases 1-5. The project will be issued in installments in the form of storage rack ABS. The total storage rack size is RMB1 billion, and the issuance scale in this Phase I will be RMB258 million. The proceeds raised will be used to serve the real economy through factoring business, with emphasis on providing support to key industries, ke...
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Guantao assists a municipal-level urban investment platform in a key southwestern province for debt
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2024
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08
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13
Guantao assists a municipal-level urban investment platform in a key southwestern province for debt resolution in issuing PPN Guantao Law Firm assisted a municipal-level urban investment platform in a key southwestern province for debt resolution in issuing the private placement note (PPN) on August 6, 2024, which was listed on August 9, 2024. This PPN was registered with the National Association of Financial Market Institutional Investors ("NAFMII"), and issued in a targeted manner to selected specific institutional investors, with coupon of 3.95%, the issuance size of nearly RMB1.8 billion, the maturity of the note being 5 + 3 + 2 years, and the latest corporate rating being AA +. The controlling shareholder of the issuer is the state-owned assets supervision and...
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Establishment of Guantao Securities Chaoxin Equity Investment Fund
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2024
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08
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05
Establishment of Guantao Securities Chaoxin Equity Investment FundRecently, China Securities Chaoxin (Xiamen) Equity Investment Fund Partnership (LLP) completed registration with the administration for industry and commerce and filing of its fund products with the Asset Management Association of China ("AMAC"). The fund manager of China Securities Chaoxin Equity Investment Fund is Anxin Qianhong Investment Co., Ltd. ("Anxin Qianhong"), which is a wholly-owned subsidiary of China Investment Securities Co., Ltd. ("China Investment Securities", formerly known as Anxin Securities Co., Ltd.), and the limited partner of the fund is Beijing Anda Yuannao Technology Co., Ltd., a wholly-owned subsidiary of the listed company Inspur Electronic Information Technolog...
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Guantao recoginsed by "2024 ALB China M&A Rankings"
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2024
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09
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23
Guantao recoginsed by "2024 ALB China M&A Rankings"On 23 September 2024, Asian Legal Business (ALB) officially released the 2024 ALB China M&A Rankings, and Guantao was listed in the rankings for nine consecutive years for its outstanding market performance in the M&A area and strong reputation among clients. Corporate and M&A is one of Guantao’s core practice areas. Over the years, Guantao has been a market leader and widely recognized in this area. It has also been ranked and recommended by well-known legal rating agencies at home and abroad for many years. In recent years, Guantao M&A team has represented a number of international and domestic MNCs, funds and listed companies in many sophiscated and complex M&A transactions. ...
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Guantao recognised by asialaw 2024 Rankings
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2024
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09
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12
Guantao recognised by asialaw 2024 RankingsOn September 12, 2024, asialaw Profiles, an internationally recognised legal rating agency, released the asialaw 2024 rankings. On the basis of Guantao 's excellent market performance and reputation, Guantao 17 practice areas/industry sectors and 5 lawyers are recognized by the rankings. Practice Area/Industry Sector Rankings Listed:Practice AreaBanking and financeCompetition/antitrustCorporate and M&AIntellectual propertyRegulatoryCapital marketsConstructionDispute resolutionInvestment fundsRestructuring and insolvencyIndustry SectorBanking and financial servicesIndustrials and manufacturingInsuranceReal estateEnergyInfrastructureMiningPractitioners Rankings Listed: Cui LiguoCapital markets, Corporate and M&A...
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Guantao recognised by IFLR1000 China 2024 rankings
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2024
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08
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Guantao recognised by IFLR1000 China 2024 rankingsRecently, International Financial Law Review (IFLR1000), an international legal rating agency, released the rankings of IFLR1000 China 2024. Relying on its excellent performance in market and good reputation among clients, Guantao was ranked in five regions, i.e. Beijing, Shanghai, Zhejiang, Guangdong and Shaanxi. Guantao ranked in the following regions and practice areas:BeijingM&A, Restructuring and insolvency, Capital markets, Investment funds, Private equity, Banking and financeShanghaiM&A, Restructuring and insolvency, Capital markets, Investment funds, Private equity, Banking and financeZhejiangFinancial and corporateGuangdongFinancial and corporateShaanxiFinancial and corporateGuantao lawyers ranked are: Lvu L...
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Guantao 8 practice areas and 14 partners recoginsed by IFLR1000 Rankings 2024
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2024
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08
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Guantao 8 practice areas and 14 partners recoginsed by IFLR1000 Rankings 2024On August 7, 2024, International Financial Law Review (IFLR1000), an international legal rating agency, released the rankings for the year of 2024. Guantao eight business areas and 14 partners were recognized by the IFLR1000 based on its excellent market performance and strong client reputation over the past year. Guantao practice areas ranked:Banking and financeCapital markets: DebtCapital markets: EquityInvestment fundsM&APrivate equityProject developmentRestructuring and insolvencyGuantao partners ranked:Cui LiguoCapital markets, M&AChen ZhongyeM&A, Capital markets: EquityJiang WeiProject developmentLi YanM&ALiu YandiBanking and financeLyu LiqiuBanking and financeSu BoCapital markets: Equit...
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Guantao nominated for ALB Hong Kong Law Awards 2024
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2024
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08
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01
Guantao nominated for ALB Hong Kong Law Awards 2024On July 31, 2024, Asian Legal Business (ALB), a specialist legal publication of Thomson Reuters, officially announced the list of finalists for the "ALB Hong Kong Law Awards 2024". Guantao was nominated for the "PRC Law Firm, Hong Kong Office of the Year " for its strong regional strength and outstanding market performance. PRC Law Firm, Hong Kong Office of the Year Established in 2008, Guantao Hong Kong Office was officially localized in February 2016 after a three-year association with Peter C. Wong, Chow & Chow, in April 2024 entered into association with Gallant , and is able to provide high quality legal services both in Hong Kong SAR law and Mainland China law. Its practice co...
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Guantao shows up at the 2024 CIFTIS
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2024
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09
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18
Guantao shows up at the 2024 CIFTIS From September 12 to 16, 2024, the 2024 China International Fair for Trade in Services ("CIFTIS"), with the theme of "Global Services, Shared Prosperity", was held in Beijing. As one of the nine Beijing law firms attending the CIFTIS, Guantao showed up at the legal services exhibition area of the CIFTIS to jointly explore new models and new ecologies of legal services. As the only national-level and international comprehensive fair focusing on trade in services, the CIFTIS covers 12 areas of the service industry defined by the World Trade Organization (WTO) and is currently the largest exhibition in the field of trade in services in the world. At the 2024 CIFTIS, there are more than 80 countries and international...
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Guantao Xiamen assists the 24th CIFIT
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2024
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09
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14
Guantao Xiamen assists the 24th CIFIT From September 8 to 11, 2024, the 24th China International Fair for Investment & Trade (CIFIT) was held as scheduled in the beautiful coastal city of Xiamen. Themed "Investment Linking the World", the 24th CIFIT focused on economic and trade cooperation and exchanges against the background of globalization and attracted the attention of many domestic and foreign enterprises and investors. As the only designated long-term partner and law firm, Guantao Xiamen office once again provided professional legal services for the 24th CIFIT with its latest research results in the field of smart law. Today, science and technology are changing with each passing day, and digital transformation has become an important engine to pro...
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Guantao HK expands corporate, commercial and IP team
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2024
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09
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03
Guantao HK expands corporate, commercial and IP teamWe are very pleased to announce that Keung Yui Fai and Yen Barry Joseph joined Guantao Hong Kong office as partners on September 2, 2024, who were joined by a team of four lawyers. Keung and Yen are long-established senior Hong Kong lawyers, who have won numerous legal awards, published a number of professional articles and are active in many industry bodies. Keung focuses on two areas of practice. One is dispute resolution in various respects, including but not limited to arbitrations conducted in Hong Kong and foreign countries, the enforcement of domestic and foreign judgments in Hong Kong and insolvency % liquidation (including personal insolvency or company winding up). Specifically, he has handled disputes rel...
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Guantao Chengdu’s work selected as a typical case on cultivated land protection in 2024 by Sichuan p
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2024
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08
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Guantao Chengdu’s work selected as a typical case on cultivated land protection in 2024 by Sichuan people’s courtOn August 8, 2024, Sichuan High People's Court released the second batch of typical cases on cultivated land protection, totaling 7 cases. Guantao Chengdu’s work was selected as one of them, which was led by Guantao dispute resolution partner Mr. Li Kai and assisted by Ms. Guo Guangrong to represent the Park City Construction Bureau of a certain District and the Land Reserve Center of a certain District in an administrative agreement with a Natural Gas Chemical Research Institute. The typical significance of this case lies in that the basic principle of "those who pollute are responsible for cleaning up" is applied to land transfer to determine who shall...
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Firm Rename Announcement
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2024
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08
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12
Firm Rename AnnouncementWe are pleased to announce that as of July 26, 2024 "北京观韬中茂律师事务所" has officially changed its name in Chinese to "北京观韬律师事务所" and its English name "Guantao Law Firm" will remain the same. This rebrand also marks that the combined firm name "观韬中茂" has completed its mission during the past eight years of growth. Mr. Sheng Leiming, Chairman of Guantao Partners' Meeting, said:The name “观韬中茂” has been used since 2016, with a combined name transition period arranged to maintain clients' awareness of the firm and the continuity of relevant qualifications. After six years of alliance cooperation, and totally eight years of hand in hand, we have long since achieved full integration internally as one. Our vision i...
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Guantao Hangzhou invited to participate in Zhejiang province's help-the -disabled "Five Entries" leg
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2024
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06
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04
Guantao Hangzhou invited to participate in Zhejiang province's help-the -disabled "Five Entries" legal activity and receive a flagRecently, Zhejiang Provincial Department of Justice and Zhejiang Disabled Persons' Federation co-sponsored the "Five Entries" helping-the-disabled legal activity at the provincial level and held a launch ceremony in Deqing, Zhejiang. Gui Yiwen, second-class inspector of Zhejiang Provincial Department of Justice and Xuan Qingsong, member of the Zhejiang Disabled Persons' Federation's Party group and vice chairman of the board, attended the ceremony and addressed keynote speech. Guantao Hangzhou partner Wang Yuqiu was invited to attend the launch ceremony and accept the "warm-hearted lawyers group&qu...
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Spring visit of “Guantao Ganlin Class” in Xihe No.1 Middle School
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2024
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04
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30
Spring visit of “Guantao Ganlin Class” in Xihe No.1 Middle School From April 25 to April 27, 2024, Guantao partners Hong Yuhao, Zhou Wanning, Xiao Fei and Liu Xing, as well as Jiang Yangyan and Wang Xiaofang, respectively director & secretary-general and officer of Hangzhou Ganlin Education Foundation,, carried out a spring return visit of “Guantao Ganlin Class” in Xihe No.1 Middle School and a theme class meeting of "Why Do We Study" (“Ganlin” means timely rainfall after a long draught). Campus Visit & Exchange MeetingOn the morning of April 26, Dong Wenjun, vice principal of Xihe No.1 Middle School, Li Tai, student funding manager, Lyu Dong, head teacher of Guantao Ganlin Class, and Shi Wenyuan, led the group of volunteers to visit the campus. Subse...
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Guantao Fuzhou organized "Welcome the New Year and Send Love" activity for the Welfare Institute
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2024
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02
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02
Guantao Fuzhou organized "Welcome the New Year and Send Love" activity for the Welfare InstituteOn January 31, 2024, Guantao Fuzhou Youth Work Committee, organized volunteers, mainly comprised of Guantao young lawyers and employees, to carry out a meaningful activity: entering the welfare institute, to "Welcome the New Year and Send Love". In our philosophy, the first prerequisite to be a good lawyer is to be a kind and warm person. The bigger the brand, the more it should take the initiative to shoulder its social responsibility and participate in the pro bono. Our target, Fuzhou Second Social Welfare Institute, is the only social welfare institution in Fujian Province that mainly adopts orphans, disabled, mentally retarded people, mainly adopts especi...
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Guantao partner Li Wenjie awarded as National Outstanding Pro Bono Mediator by China Securities Capi
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2023
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12
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06
Guantao partner Li Wenjie awarded as National Outstanding Pro Bono Mediator by China Securities Capital Market Legal Service CentreRecently, China Securities Capital Market Legal Service Centre ("China Securities Center") organized a national outstanding pro bono mediator competition, and Mr. Li Wenjie, partner of Guantao Shenzhen, was awarded "Outstanding Mediator" in recognition of Mr. Li Wenjie's outstanding performance in mediation of securities and futures disputes and his exemplary role among mediators. China Securities Center is the only cross-regional and cross-market nation-wide pro bono mediation institution in China for securities and futures disputes established under the approval of the CSRC. By adhering to the principles of "complying w...
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Guantao Nanchang invited to Nanpu Subdistrict to carry out legal pro bono consulting activity for Do
Release time:
2023
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10
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23
Guantao Nanchang invited to Nanpu Subdistrict to carry out legal pro bono consulting activity for Double Ninth FestivalOctober in autumn, when the fragrance of cinnamon osmanthus wafts in the air, the Double Ninth Festival is marked by care and respect for the elderly. Before the Double Ninth Festival was around the corner, the Nanchang Women's Union and the Nanchang Women and Children Activity Center, together with the Nanpu Subdistrict and other relevant entities, jointly carried out the 2023 Activity with the theme of "Grey Hair United as One Heart, Walk with the Party, and Join Hands to Paint a Red Sunset" on the afternoon of October 22, 2023. Guantao Nanchang Partners, led by Wang Yaping, carried out the "Pro Bono Legal Consulting Activity for Double Ninth Fes...
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Capital Markets
Corporate / M&A
Banking & Finance
Real Estate & Construction
Dispute Resolution
Insolvency & Restructuring
Project & Infrastructure
Intellectual Property
Antitrust & Competition
International Trade / WTO
Capital Markets
Release time:
2016
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06
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11
Guantao Law firm (“Guantao”) is one of the earliest law firms in China to obtain the qualification of practicing securities, and also one of the earliest batches of law firms engaging in securities business. In the field of domestic capital market, Guantao has set up an organizational structure with Beijing, Shanghai, Xi'an and Shenzhen as the core and radiates across the country. In the field of overseas capital market, Guantao has set up Guantao Hong Kong office to mainly undertake overseas capital market business. Meanwhile, Guantao focuses on strengthening the cooperation and connection with other overseas law firms, forming an institutional pattern which is ”omni-directional, inter-jurisdictional and systematic“.Over the past twenty years, Guantao has fully grasped the opportunity...
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Corporate / M&A
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2016
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06
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Corporate and M&A is one of Guantao’s core practice areas, in which it has been a market leader and is widely recognized for many years. It has received rankings and recommendations from globally renowned legal rating agencies such as Chambers Global, Chambers Greater China Region, ALB, The Legal 500, IFLR1000, China Business Law Journal, LEGALBAND and Asialaw Profiles for a number of consecutive years. Guantao's Corporate and M&A team covers multiple jurisdictions, languages and cultures. In recent years, Guantao has represented numerous domestic and foreign multinational corporations, funds and public companies on a number of well-known and complex M&A transactions. The services cover all stages of transactions: from industry access laws and policie...
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Banking & Finance
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2016
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06
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11
Guantao provides high-quality legal services to banking and non-bank financial institutions, including central bank and commercial banks, policy banks, cooperative banks, joint stock banks, foreign-invested banks, trust investment companies, asset management companies, securities companies, insurance companies, fund management companies, futures companies, guaranty companies, leasing companies and other financial institutions. Guantao’s services in this area include but are not limited to: • equity participation in Chinese banks by foreign banks• formation of banking and non-bank financial institutions• Sino-foreign finance cooperation projects• foreign financial institutions access to the PRC market• risk management, liquidation and exit strategies for financial institutions• export credi...
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Real Estate & Construction
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2016
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06
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11
Guantao is one of the earliest law firms that established real estate department, could provide full and whole industry legal services to all kinds of clients, including government agencies, development enterprises, construction groups, financial institutions, real estate REITs, etc. Legal services of Guantao team not only contain traditional real estate development projects, such as land development (land first-level development, land use right transfer and land comprehensive development), M&A and restructuring of real estate projects, construction projects management (contracting and subcontracting, design and performance of construction contracts, final acceptance of construction projects, settlement of construction payment, etc.), sale and leasing of commercial properties, property...
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Dispute Resolution
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2016
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06
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11
Adhering to the client-centric philosophy and advocating the spirit of teamwork, Guantao has been deeply involved in the field of dispute resolution, including litigation, arbitration and other alternative dispute resolution (ADR) for decades, and is particularly skilled in handling major and high profile cases.Our lawyers across the world are well-versed in legal theory, diligent, service-oriented and dedicated to pursuing excellence. In recent years, we handle more than 30 cases per working day on average. We have a deep understanding of client needs as well as the insight into legal trends, clear case strategies, and proficient litigation skills. We are confident that our experience as courtroom advocates on both sides for plaintiffs and defendants can bring to bear our unique insight i...
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Insolvency & Restructuring
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2016
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06
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In the field of Restructuring/Insolvency, Guantao has outstanding performance and has been ranked among the top law firms in China in terms of overall strength and has gained a good reputation in the industry. Therefore, Guantao has been ranked and recommended by Chambers, The Legal 500, IFLR 1000, Asialaw Profiles, ALB and other globally renowned legal rating agencies for many years.One of the First Leading Law Firms to Enter the Chinese Insolvency Industry, with a Strong Track Record of Success across ChinaGuantao was one of the first law firms in China to engage in corporate liquidation or restructuring. Since 2002, the China Securities Regulatory Commission (CSRC) has been focusing on the rectification of illegal securities companies, and Guantao was entrusted by the CSRC to part...
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Project & Infrastructure
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2017
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Guantao's legal services in the field of infrastructure and projects including but not limited to: • representing and advising clients in the approval stage of infrastructure investment projects such as power, oil, gas, new energy, and environment protection in respect of the project examination and approval, verification and approval, filing or other mandatory or referenced prepositional procedures• advising on the land use rights, sea areas use rights, construction planning, building property rights and other relevant legal matters involved in infrastructure and construction projects• providing legal services for various PPP projects (including BOT, BOOT, BOO, etc.)• providing legal services for various contracts of construction project (including EPC, EPCM, PMC, etc.)• advisin...
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Intellectual Property
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2017
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Intellectual property has been a long-time core practice and research area for Guantao, and it has successfully represented clients on a number of cases in matters including patent, trademark, copyright, trade secret, proprietary technology, integrated circuit, computer software, database protection, new plant type, the design and implementation of protection programs for the copy right / trade mark / franchise right, etc.Also, Guantao has extensive experience in the field of telecommunication and media, and provides legal services for companies' M&A, general telecommunication services, value-added telecommunication services, internet services, etc.Guantao's services include but are not limited to:• information search• application and registration of IP rights (including comput...
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Antitrust & Competition
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2016
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Guantao is one of the very few Chinese law firms with substantial experiences in representing both domestic and foreign clients in merger clearance, antitrust litigation, government investigations, compliance program and counseling projects.Our antitrust lawyers have extensive and in-depth cooperation with international law firms and economic experts in order to provide our clients with high quality legal support to meet their needs in various antitrust matters.Meanwhile, the consistent communications between Guantao lawyers and the Chinese antitrust authorities, including the Ministry of Commerce (“MOFCOM”), the National Development and Reform Commission (“NDRC”) and the State Administration for Industry and Commerce (“SAIC”), have also enabled Guantao lawyers to serve the clients with th...
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International Trade / WTO
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2016
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06
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11
Guantao has rich knowledge and experience in international commerce, with outstanding legal team. Guantao has provided legal services on remedy in international commerce for many large-scale enterprises, corporations and government agencies. Guantao has rich experience in anti-dumping investigation, anti-subsidy, safeguard measure, trade remedy, WTO rules on goods, service, investment and IP, as well as WTO dispute settlement procedure, custom’s classification, valuation and appellations of origin. Based on these, with a thorough understanding of Chinese substantive and procedural law, we are able to provide comprehensive high-quality legal service on for anti-dumping investigation, anti-subsidy investigation and safeguard measure of our clients. Meanwhile, Guantao has served as legal coun...
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2016
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11
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Our WishGuantao Law Firm, headquartered in Beijing, is a one of the pioneer law firms with a reputation for high performance and extensive experience in China. To build a platform with global strategy and core competitiveness, which could create value for the clients and be recognized by the clients, is our wish.Our AttitudeWorking with Guantao colleagues and partners could be professionally rewarding and personally fulfilling. We shall insist on entrepreneurial culture, provide diverse education mechanism and you will get access to robust training along with professional development opportunities. Join us and launch your career with Guantao!
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Xi'an Office Supports NEEQ Listing of Shaanxi Operation & Maintenance Power Co., Ltd.
On May 20, 2015, with Wang Fan, Zhang Cuiyu and Zhang Bo of Xi'an office as legal counsel, Shaanxi Operation & Maintenance Power Co., Ltd. (stock code: 832505; stock short name: O&M Power) was listed on National Equities Exchange and Quotations (New Three Board).O&M Power is one of the first power companies going global. With extensive power project experiences at home and abroad, O&M Power provides debugging, operation, maintenance, technical guidance, consulting and training services for power stations and plants and is praised as China's best electric power carrier a...
Release time:
2016
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10
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14
Views:
28
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Guantao Advises Baose on Its IPO on the ChiNext Board of Shenzhen Stock Exchange
On 10 October 2014, Baose Co., Ltd. ("Baose") was successfully listed for trading on the ChiNext Board of the Shenzhen Stock Exchange (with a stock code: 300402). The Guantao team included partners Sun Dongfeng and Su Bo, supported by associate Hu Jun. In this transaction, Baose issued a total of 51 million shares at a price of RMB4.47 per share. The total capital and the net capital raised after deducting all the relevant costs and expenses were about RMB228 million and RMB200 million respectively.Baose is a specialised supplier of non-standardized special materials equipment, focus...
Release time:
2016
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10
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14
Views:
66
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Guantao Was Highly Ranked in Nine Practice Areas by Chambers Asia 2015
In February 2015, Chambers Asia 2015 released the latest law firm rankings. Guantao was highly ranked in the following practice areas:• Capital Markets• Corporate / M&A• Dispute Resolution• Energy & Mineral Resources (ranked in tier 2)• Investment Funds• Projects & Infrastructure (ranked in tier 2)• Real Estate• Insolvency & Reorganisation• Corporate / BusinessTen Guantao partners and lawyers are highly ranked as leading individuals in their respective practice areas by Chambers Asia 2015:• Liu Rong (ranked in tier 3 in Capital ...
Release time:
2016
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10
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14
Views:
22
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律师业务备忘录 --刍议建设工程施工合同无效后的工程造价认定
我国现有的建设工程施工过程中存在大量的挂靠、转包的行为,我国法律明令禁止挂靠、转包,一旦此类行为被查实,该施工合同将被认定为无效。建设工程施工合同被认定为无效后,是否会导致承包方“颗粒无收”?该合同对应的工程造价如何认定,工程款应如何结算?怎样才能更为公平合理地保护承包方利益,保护行业发展?笔者在此依据我国现行法律相关规定提出些个人观点,以期抛砖引玉。 一、质量合格是结算工程款的前提。我国《最高人民法院关于审理建设工程施工合同纠纷案件适用法律问题的解释》(下称建筑施工合同司法解释)第二条规定:“建设工程施工合同无效,但建设工程竣工验收合格,承包人请求参照合同约定支付工程价款的,应予支持。”第三条规定:“建设工程施工合同无效,且建设工程经竣工验收不合格的,按照以下情形分别处理:(一)修复后的建设工程经竣工验收合格,发包人请求承包人承担修复费用的,应予支持;(二)修复后的建设工程经竣工验收不合格,承包人请求支付工程价款的,不予支持。因建设工程不合格造成的损失,发包人有过错的,也应承担相应的民事责任。”通过这两条规定可以看出,我国法律对于建设工程价款支付的支持以质量合格为前提。施工合同无效,但建设工程质量合格,承包方仍可以主张工程款,但质量不合格则会失去主张工程款的权利。实际操作中质量的审查是重中之重,质量合格是一次通过还是多次通过,国家并没有严格的要求。如果多次通过才合格的话...
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2016
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