YIN Ying - Guantao Law Firm

Languages

• English, excellent

• Chinese (mandarin), native

Qualification

• Registered lawyer

• Certified M&A dealmaker

Education

• Boston University School of Law, Boston, MA, U.S.A., LL.M. in Banking and Financial Law

• Xiangtan University School of Law, Xiangtan, Hunan Province, China, LL.B. (Bachelor of Laws)

Work Experience

Ms. Yin has worked in Shenzhen and worked in Boston (USA). From 2004 to 2009, Ms. Yin served in the Foxconn Technology Group Global Legal Office and has been a registered lawyer since 2010.

Industry Honors

• Ms. Yin has been selected by the internationally renowned legal rating agency “The Legal 500” as the “Special Recommended Lawyer in the Banking and Finance Field in the Asia-Pacific Region” in 2023, “Recommended Lawyer in Banking & Finance and Private Equity Field in the Asia Pacific Region” in 2022, and “Recommended Lawyer in Corporate M&A field in Asia Pacific Region” in 2020;

• Ms. Yin was selected by the Guangdong Bar Association as the “Leading Talent of Foreign-related Lawyers in Guangdong Province”, and was sent to London, UK, at public expense, to attend relevant training in 2018;

• Ms. Yin is also selected by Shenzhen Municipal Bureau of Justice and Shenzhen Lawyers Association as “Shenzhen Leading Foreign Lawyer”.

Significant Performance

In the field of Cross-border Investment, M&A and Transactions:

• On behalf of an A-share listed company, checked on intellectual property rights of its US, UK, EU and Hong Kong affiliates and conducted corresponding due diligence;

• Assisted an A-share listed company to acquire a US target company and negotiated with the target company on the cooperation business model;

• Assisted an A-share listed company to deploy intellectual property rights in the Asia Pacific region;

• Advised a Hong Kong company on the procurement of Scotch whisky in barrels from a Scottish company;

• Assisted in the planning and implementation of a program for a domestic investment institution to recover the proceeds of its investment in the offshore mining sector;

• Assisted a Hong Kong institution to set up and invest in a private equity fund;

• Assisted a number of domestic companies to set up cross-border structures and conducted domestic asset restructuring for the purpose of cross-border listing or overseas operation;

• Advised a US-based intelligent manufacturing group on its asset restructuring and merging in Mainland China and Hong Kong;

• Provided legal services for a Chinese-funded enterprise to go public in the United States by SPAC;

• Assisted a subsidiary of a Hong Kong listed company to acquire the right in land use originally held by a target company in the Mainland;

• Advised a UK company on its intention to conduct services related to the import and export of goods in China;

• Provided legal services to a Chinese semiconductor company's deregistration of its multiple affiliates in the U.S.;

• Advised a Hong Kong company on the acquisition of another Hong Kong company holding Hong Kong licenses No. 1, No. 4, No. 9, etc. and conducted due diligence;

• Advised a Polish battery company on the transaction model involved in the establishment of a core supply chain in China;

• Assisted as a legal consultant for an A-share listed company in acquiring 41.73% equity of a cross-border company;

• Assisted as a legal consultant for an A-share listed company in reaching a strategic cooperation involving business cooperation and equity investment with a Russian aviation company;

• Assisted as a legal consultant for an A-share listed company in the acquisition of the world's largest seaplane company with other investors;

• Assisted as a legal consultant for the acquirer in the acquisition of 100% equity interest in Huitong Holdings Limited (Hong Kong);

• Represented Hebei Yingjin Real Estate Development Co., Ltd. in the acquisition of the equity interest in Hebei Zhongkuang Mining Co Ltd., held by an Australian company, Sinovus Mining Ltd;

• Provided legal services to a state-owned enterprise for distribution of an East African oil project;

• On behalf of the investor, InnoLux Corporation, to review the EU's tariff policy on import of monitors into the EU and the trend of adjustment;

• On behalf of Hon Hai / Foxconn Technology Group, provided legal services for asset acquisition of SANMINA-SCI USA INC. and its subsidiaries by Hon Hai / Foxconn Technology Group’s subsidiary company in Cayman Islands;

• Provided legal services on behalf of Hon Hai / Foxconn Technology Group in its asset acquisition of Dell Inc;

• Provided legal services on behalf of Hon Hai / Foxconn Technology Group on its joint venture project with a domestic vehicle company.

In the field of Corporate and Domestic M&A

• Provided legal services for a start-up company in the handheld game industry in the whole process of seed round financing and employee incentive;

• Provide legal services such as equity structure design, corporate governance planning, transaction documents preparing for the establishment of a new energy resources company project;

• On behalf of the investor, conducted legal due diligence and provided investment documents for a Pre-A round of financing of a company in the metasomatic field;

• On behalf of the investor, conducted legal due diligence on a seed round financing of a medical device company and prepared investment documents;

• Provided equity financing and perennial legal services to Guangzhou Juwan Technology Research Co., Ltd., a company in the field of new energy resources vehicle battery;

• Assisted Shenzhen Ancang Data Technology Co., Ltd., a fintech company in the completion of its seed round financing and the establishment of its cross-border structure;

• Provided legal advice to investor, Lenovo Venture Capital Group, for its investment in Hong Kong company Hongliang Research in the field of AI (Pre-B round financing);

• Assisted a US technology company in the energy management field in setting up its business in China, provided legal services in terms of global layout plan, industrial supply chain arrangement, employee incentive, tax planning, etc.;

• Acted as the PRC legal counsel and project lead lawyer for a Cayman fund, advising on its real estate acquisition and large-scale commercial and residential integrated community development projects in Southeast Asia;

• As a member of the bankruptcy administrator, participated in the bankruptcy and liquidation project of Southern Securities Co., Ltd. and provided legal services for the bankruptcy and liquidation of its seven subsidiaries;

• As the Bankruptcy Administrator, provided legal services for the bankruptcy and liquidation of Shenzhen Chengjiu Import & Export Co., Ltd.

Banking and Finance

• Deeply involved in the formulation of a new business model for an internet vehicle sales platform, and provided legal advice on related financial license-type business and financial qualification-type business as well as handled related practical matters;

• Assisted a financial leasing company in conducting legal due diligence on its financial leasing counterparties;

• Provided legal services to Bank of China, Agricultural Bank, Pudong Development Bank, Ping An Bank and other commercial banks for a number of investment banking businesses and foreign-related businesses;

• Provided legal services to COFCO Trust, Ping An Trust, China Resources Trust, Yunnan Trust, Bohai Trust and other trust companies for their pooled fund trust plans, single fund trust plans, property rights trusts, etc. The areas of trust property investment include: government investment projects, government public welfare projects or quasi-public welfare projects, real estate projects, consumer finance projects, supply chain finance projects, Pre-ABS, involving various investment modes and types;

• Advised a U.S. company on its intention to engage in commercial factoring business in China;

• Shenzhen Hui Xianfeng Industrial Development Co., Ltd. 2021 Phase I Debt Financing Plan (Beijing Financial Assets Exchange);

• Guangdong Huamei Group Co., Ltd. 2021 Phase I Debt Financing Plan (Beijing Financial Assets Exchange);

• Advisd a state-owned financial leasing company on the determination of its business model for the provision of financial leasing services to its Indonesian clients;

• Represented NCBI in conducting legal due diligence and writing transaction documents for the guarantor of its domestic guarantee in its “domestic guarantee and foreign loan” project.

Asset Securitizations

• “Huatai-Guojun-Shenzhen SEZ Construction Development Group Technology Park Phase 1-3 Asset Backed Special Program” (CMBS with single SPV, 6 billion storage size, issued);

• “Nanjing Tourism Group Golden Travel Factoring-Huatai Capital Management Phase 1 Asset-Backed Special Program” (factoring contract claims, 684 million, issued);

• Shanghai Yixin Finance Leasing Co., Ltd. 2021 Annual Phase I Directed Asset-Backed Notes (Bond Pass-Through) Trust (auto finance lease debt, 500 million; issued);

• “CCCC Second Highway Engineering Co., Ltd. Receivables Phase 1 Asset-Backed Special Program” (engineering receivables ABS, storage rack of 3 billion; issued);

• “Industrial-Yunkuhui-Konka Group Receivables Asset-Backed Special Program” (receivables, 700 million; issued);

• “Founder Securities-Rongyuan Party Factoring Longteng Phase 1-X Supply Chain Finance Asset-Backed Special Program” (factoring financing, issue size of 10 billion; issued);

• “Beixin Ruifeng Assets-Color Life Property Asset-Backed Special Program No. 1” (property income revenue rights, issue size of 112 million yuan; issued);

• “Hualin Securities-Hongbo Exhibition Trust Beneficiary Right Asset-Backed Special Plan” (CMBS, issuance of 950 million; issued);

• China Merchants Bank “Hezui 2016 Third Non-Performing Assets Securitization Trust Program” (for public non-performing credit assets, issue size of 210 million; issued);

• “Shaanxi Guotou Daqin Phase 1-20 Asset Backed Special Program” (non-standard to standard ABS, storage size not exceeding 10 billion yuan; issued).

Export Control and Sanctions Compliance

• Advised and analyzed a subsidiary of a central enterprise on the export control of software abroad under China's Mainland law and U.S. export control;

• Analyzed U.S. export control risks involved in the export of a medical field company.

Professional Publications, Academic and Practical articles

• Commercial Lending Law and Documentation in the United States, Bilingual in Chinese and English, co-authored, published by Law Press in June 2018;

• “Insolvency Isolation” in Asset Securitization and the Chinese and American Settings, co-authored article, published in Contemporary Financier, Vol. 10, No. 11, 2019;

• An Introduction to Subprime Mortgage-Backed Securities in the U.S. Financial Market (Before 2008);

• The Pre-emotive Right Mechanism in REIT-like Securities;

• The Application of Asset Securitization in the Education Sector;

• The Latest Case Analysis of Financial Leasing and Compliance Insights;

• The Requirement of “Recognition of Self-rescue Contract” in the EU Single Disposal Mechanism;

• The Changes in the Administrative Measures for the Examination and Registration of Medium- and Long-term Foreign Debt of Enterprises;

• Introduction to U.S. Export Control Compliance for Dual-Use Items;

• “Adjustment of Sino-foreign Cooperative Enterprises in the Transition Period of Foreign Invested Enterprises”;

• Brief Introduction to China's Software Export-Related Management System;

• Introduction to Chapter 11 Bankruptcy Reorganization of the U.S. Bankruptcy Code;

• The UK Supreme Court Case: Extended Warranty Contracts are Regulated Insurance Contracts;

• The Types of Loans in Mainland China and the US-China Investment and Lending Mechanism;

• How Much Do Customs Brokers Know About Compliance?

• The New Benchmark Rate to Replace LIBOR (the U.S.).

Lectures and trainings

• The Impact of U.S. Export Control and Sanctions Legislation on Chinese Companies' Overseas Compliance (2022, internal training by the Hainan Provincial Department of Justice);

• “Infrastructure for Cross-Border Transactions - Introduction to China's Payment System Framework” (2022);

• Case Studies on Businesses of Capital Inbound and Outbound under Capital Projects (2022);

• “Embracing the Opportunities of Public REITs - Analysis of the Legal Structure of Public REITs” (2022);

• “Design and Analysis of the Legal Structure of Asset Securitization” (2021, internal training of Hainan Provincial SASAC system);

• Application of Asset Securitization in the Education Sector (2021);

• “Two or Three Things about Asset Securitization” (2021);

• “Designing and Explaining the Legal Structure of Asset Securitization” (2021);

• Securitization of Trademark Rights (Sale and License Back) Assets (2021);

• Promoting Financial Integration with Cross-Border Asset Securitization (in English, 2021);

• Analysis of Common Disputes in Hotel Management (2020);

Professional Affiliations

• Director of the 11th Shenzhen Law Society International Investment Law Committee;

• Deputy Secretary General of the 12th Guangdong Law Association “Belt and Road” and Foreign Affairs Working Committee;

• Director of International Trade and WTO Research Center of Guantao Law Firm;

• Deputy Director of Finance, Insurance and Derivatives Committee of Guantao Law Firm;

• Executive Director of the Legal Committee of the Former China Asset Securitization 100 People Forum;

• Member of Guangdong Private Enterprise Lawyer Service Group (appointed by Guangdong Provincial Department of Justice, Department of Industry and Information Technology and Federation of Industry and Commerce).

Government Services and Social Services

• Served as a public-interest lawyer for Shenzhen Shekou Foreign-related Public Legal Service Center;

• Provided legal opinions or analysis to some government departments on export control in Mainland China law and U.S. export control;

• Invited to provide revised comments on the Implementation Rules of Shenzhen Municipal Bureau of Commerce Several Measures on Promoting High-Quality Development of Foreign Investment Cooperation (draft for comments);

• Invited to participate in the hearing on 'RCEP Agreement and Shenzhen Policy and Regulation Adjustment Study Report' organized by Shenzhen Municipal Bureau of Justice.