Industry sectors

Since the introduction of financial leasing into our country in the 1980s, through continuous development and business innovation for many years, financial leasing and factoring business have become an important way of financing for industrial enterprises in our country, and have played an important role in the rapid development of many industrial enterprises. However, with the continuous development of financial leasing and factoring services, in practice, the risks in financial leasing and factoring services are becoming increasingly apparent. Disputes over financial leasing and factoring are also on the rise. The "Financial Leasing Contract" in the Contract Compilation of the newly promulgated Civil Code of the People's Republic of China (Draft) (Draft of December 16, 2019), as one of the typical famous contracts, is included in the Draft (Articles 735 to 760), which has been expanded from the original 14 Articles to 26 Articles. The content is richer and fuller, which fully reflects the attention and importance attached to Financial Leasing in the Civil Code of the People's Republic of China (Draft). Based on the full understanding of Chinese laws and business environment and the good grasp of legal practices of financial leasing and factoring,we have an in-depth understanding of the needs of financial leasing and factoring clients, and are able to pragmatically and properly provide risk solutions for financial leasing and factoring clients, and provide forward-looking and pioneering professional advice for financial leasing and factoring clients. 


(I) Legal Services For Financial Leasing

 
The Chance Bridge Partners shall be able to provide appropriate legal services to clients in respect of financial leasing business, which mainly includes:

1.    Provide legal services for the establishment, change or application of the company's financial leasing qualification;Draft and examine the business and risk systems of the company;
2.    Assisting clients in the design of financial leasing products and transaction structures, and providing legal advice on the industrial policies, financial leasing contracts, guarantees, taxes and other specific issues involved in transactions;
3.    Argumentation of the legality and compliance of financial leasing transactions: based on the elements of legality and compliance of financial leasing products, in combination with the purpose of risk prevention, in accordance with the provisions of laws, administrative regulations and other normative documents, and by reference to the judicial practice, carry out full analysis and argumentation of clients' structural design of financial leasing products, fully reveal the risks existing in financial leasing products, and issue legal analysis opinions;
4.    Conducting due diligence in respect of the legality of the counterparty to the transaction and the leased property;
5.    Drafting and reviewing financial leasing contracts and related legal documents;
6.    Issuing relevant legal opinions on the legal issues encountered in the whole process of financial leasing transactions;
7.    Acting as agent for the collection of lease claims, arbitration and litigation;
8.    Assisting in the restructuring of leased debt and disposal of bad leased assets;


(II) Commercial Factoring Legal Services

 
Commercial factoring business is a comprehensive financial service that integrates assignment, collection, management of accounts receivable, bad debt guarantee and financing. Although factoring contracts are currently innominate contracts, disputes caused by such contracts shall be adjudicated in accordance with the Contract Law and relevant judicial interpretations thereof. Under the guidance of the state policy of "shedding the shadow into the facts", commercial factoring has become an important channel for financing of more and more industrial enterprises. The "factoring contract" in the Contract Preparation of the latest Civil Code of the People's Republic of China (Draft) (Draft on December 16, 2019 Draft) has finally been included as a typical contract (Articles 761 to 769), but the disputes arising therefrom shall be adjudicated in accordance with the Contract Law and relevant judicial interpretations thereof. 

Chance Bridge Partners is able to provide matching legal services to clients in the commercial factoring business, including:

1.    Providing legal services in corporate establishment, alteration and application for commercial factoring qualification;
2.    Drafting and examining the business and risk systems of the company;
3.   Assisting clients in designing commercial products and transaction structures, and providing legal advice in respect of industrial policies, factoring contracts, guarantees, tax and other specific issues involved in transactions;
4.    Demonstration of legality and compliance of commercial factoring transactions: conduct full analysis and demonstration of the customer's structure design of the commercial factoring product based on the commercial factoring product's elements of legality and compliance, in combination with the purpose of risk prevention, in accordance with the provisions of laws, administrative regulations and other normative documents, and by reference to the judicial practice, and fully reveal the risks in the commercial factoring product and issue legal analysis opinions;
5.    Carrying out legal due diligence investigation on the counterparty and receivables of the commercial factoring;
6.    Assisting in the negotiation and drafting, review and revision of various commercial factoring contracts and related legal documents necessary for the transaction;
7.    Issuing relevant legal opinions aiming at the legal issues encountered during the whole process of the commercial factoring transaction; 
8.    Acting for the collection, arbitration and litigation of the commercial factoring debts;
9.    Assisting in the restructuring of commercial factoring debts and the disposal of non-performing lease assets;
10.  Training and seminar on commercial factoring laws and practices: Provide efficient training or seminar on commercial factoring laws and regulations and regulatory policies to clients and their relevant staff based on client's needs, and promptly provide various commercial factoring legal value information to clients. 


(III) Legal Services Relating to Finance Lease and Commercial Factoring Dispute Resolution

 
With the continuous development of the financial industry and business innovation, financial leasing companies and commercial factoring companies have witnessed rapid business development. However, with the rapid business development, many risks have gradually emerged and individual cases of disputes have occurred from time to time. Data shows that the number of disputes in finance leasing and commercial factoring has increased nearly tenfold in the past five years. Chance Bridge Partners has extensive experience in dispute resolution of financial leasing and commercial factoring cases, and can provide comprehensive legal services for dispute resolution of financial leasing and commercial factoring disputes. 

During the preservation and enforcement of financial leasing and commercial factoring disputes, we will, on behalf of clients, collect the debtor's property information through comprehensive and careful investigation, so as to better assist clients in completing preservation and enforcement, or make targeted response to the application for objection filed by the applicant of enforcement (preservation);

Chance Bridge Partners' primary objective is to help clients avoid lawsuits as much as possible, but when lawsuits cannot be avoided, we will fully safeguard the legitimate rights and interests of clients. In the areas of finance leasing and commercial factoring, we may provide you with legal services including:

•    Preliminary Analysis and uation of the Case – Before accepting a formal engagement, our lawyers will conduct a legal analysis and uation of the client's proposed case and provide written reports and recommendations for the client's reference so that the client can make a decision on the dispute resolution strategy. 

•    Enquiry about the information relating to the debtors, mortgaged property and guarantors - based on the information and clues provided by the clients, inquiring about the basic information and property status of the debtors, mortgaged property and guarantors by means of industrial and commercial registration records, inquiries from the housing management department, credit investigations, on-site investigations, and online inquiries, so as to provide professional support and assistance for the clients on whether to take property preservation measures. 

•    Taking preservative measures - With respect to any case in which it is difficult to enforce the judgment or which causes other damages to the client due to the act of the opposite party to the litigation or any other reason, we will, upon the instructions of the client, file an application with the court, requesting the ruling to take preservation measures such as sealing up, distraining or freezing the property of the opposite party to the litigation, ordering the opposite party to the litigation to conduct certain acts or prohibiting such acts, so as to ensure the smooth enforcement of the judgment after it becomes effective in the future. To provide whole-process legal service for the litigation, arbitration and other proceedings, including but not limited to assisting the client to collect and sort out relevant evidence, drafting application form of complaint/arbitration, statement of defense/argument, list of evidence, opinion of attorneys, cross-examination opinion and other relevant documents, and reaching settlement or mediation with the other party as instructed by the client;

•    Appeals - We can file/respond to appeals on behalf of clients based on their needs. During the appeal proceedings, we will thoroughly review the first instance materials, develop dispute resolution solutions for the second instance proceedings for clients, draft relevant documents and participate in court hearings, while maintaining good communication with the court. 

•    Retrial - For civil judgments that are in force, we may also file/respond to retrial requests on behalf of clients according to their instructions. During the retrial process, we will thoroughly review all the materials of the case at all stages of the trial, formulate dispute resolution plans according to the specific circumstances of the case and the client's business objectives, draft documents and participate in the trial, and maintain good communication with the retrial court. 

•    Setting aside an Arbitral Award – We may, upon the request of the Client, act on behalf of the Client to initiate/respond to cases of setting aside the arbitral award that have become effective, draft documents and attend hearings accordingly, maintain good communication with the court, and protect the procedural and substantive rights of the Client. 

•    Enforcement – For the enforcement procedures of effective civil judgments, arbitral awards and notarized documents of obligation, we will fully and carefully investigate the property clues of the party subject to enforcement, and tailor the implementation plan for the client. For the implementation of the common problems in practice, we will exhaust all means to resolve the implementation of difficult problems. In the course of execution, we often change or add the party subject to execution, or initiate the lawsuit of denying the company's personality, the lawsuit of subrogation, the application for bankruptcy of the party subject to execution, etc. to achieve your execution goal; we also do not give up the reconciliation efforts, actively negotiate with the party subject to execution, and strive to reach a reconciliation agreement with it. If the person subject to enforcement refuses to perform the reconciliation agreement, we will apply to the court for resuming the enforcement of the original judgment or institute a lawsuit with the enforcement court regarding the reconciliation agreement, requesting the person subject to enforcement to perform the reconciliation agreement; we will also pay close attention to the consumption status of the person subject to enforcement, timely report the property trend to the court, urge the court to restrict the extravagant consumption activities of the person subject to enforcement, and include the person subject to enforcement in the list of dishonest persons, making the person subject to enforcement bankrupt in reputation and difficult to continue business operation, thus forcing the person subject to enforcement to actively perform the judgment; as for the person subject to enforcement with normal production and operation and full solvency but refusing to perform the effective judgment, we will, by taking advantage of relevant provisions of the Criminal Law on the crime of "refusing to perform the judgment rendered by the court", apply to the public security organ for case filing, so as to deter the person subject to enforcement from seriously performing the judgment rendered by the court. 

•    Settlement - Although the settlement will reduce our legal fees, but in order to maximize your legitimate interests,we will never close the door of negotiation, never give up our reconciliation efforts, and strive to reach a settlement that satisfies our clients, both in litigation and in execution. 

•    Consultation and Advice - In the course of the above services, we will maintain close working relations with our clients and provide them with daily legal advice and professional advice related to dispute resolution according to their work needs. 
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