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Private placement fund is a kind of collective investment channel which raises funds from specific investors and aims at specific investment objectives through non-public means. Compared with foreign countries, China's private equity fund has a relatively short history of development, but since 2004, with the policy support and the inflow of funds, private equity fund has been growing rapidly, and has become one of the important channels of China's capital market operation.
 
Since its inception, Chance Bridge Partners has been deeply engaged in the field of private equity funds, providing services for various types of private equity funds, and private equity funds related regulatory systems and related practices. The private equity fund teams of the Chance Bridge Partners include management partners, partners, senior lawyers, lawyers and other professionals, who have rich experience, strong professional competence and fast reaction speed, deeply understand the development of the fund market, and are committed to providing quality, efficient and professional legal services for clients. 

Meanwhile, Chance Bridge Partners can provide all-round, in-depth and whole-process services in respect of domestic and overseas structures of funds, fund operation, the use of different capital management channels, offshore funds, US dollar funds, foreign-related funds, etc., in combination with their profound experience in the capital market and cross-border investment and financing fields and the collaboration and cooperation among the teams of Chance Bridge Partners, and make use of the international network of Chance Bridge Partners to provide clients with higher-quality cross-border legal services. 


1、 Establishment and Registration of Fund Managers

 
With the continuous development and opening of China's market, private investment has become an important channel to participate in the capital market. Private fund managers, as the core elements of private fund operations, are subject to increasingly stringent supervision over their establishment and registration. Chance Bridge Partners has rich experience in the establishment and registration of fund managers, and provides the whole-process services for the establishment and registration of fund managers based on the different preliminary fund products, including team building, business registration, drafting of legal opinions, identification of practitioners, and feedback from the AMAC. 

Our available legal services include:

•    Assisting in the design and establishment of the equity structure and governance structure of the fund manager;
•    Assisting with the establishment of the Manager’s team and verify the number of senior officers, employees, etc. and the professional competence requirements;
•    Carrying out compliance investigations for fund managers and providing them with rectification plans in accordance with laws, regulations and regulatory rules;
•    Issuing legal opinions for the POF manager registration; 
•    Draft, review and modify the whole set of documents on the establishment and registration of fund managers;
•    Assisting with industrial and commercial registration and system filing;
•    Assisting in communicating with regulatory departments and trade associations, and replying to relevant feedbacks or inquiries. 


2、 Establishment,Raising of Funds and the Record-filing of Fund Products

 
In addition to the strict regulation of the establishment and registration of POF managers, POF products are subject to all-round examination from scratch and from scratch. In the process of the establishment, fund raising and record-filing of private fund products from scratch, fund managers need to face challenges from regulators, investors, market and other perspectives. Chance Bridge Partners has a team of experienced lawyers who have full knowledge and understanding of the private equity fund market, and is able to provide multi-dimensional and in-depth services such as product plan design and optimization, partner system construction, capital raising, document drafting and negotiation, communication and feedback for regulatory inquiries, and consultation on the relevant laws and policies for private equity funds. He assists in the establishment of various types of funds, such as private equity funds, VC funds, industry funds, fund of funds, and government guidance funds. 

Our available legal services include:

•    Assisting in designing and demonstrating the overall plan for the establishment of fund products, including the establishment structure, governance structure and partnership system, etc.;
•    Draft, review and revise the whole set of trading documents for the establishment of fund products such as fund agreements;
•    Draft, review and revise the whole set of declaration documents for record-filing of fund products;
•    Issuing legal opinions on the record-filing of private fund products; 
•    Providing solutions and recommendations for legal issues that may arise from time to time in different types of fund raising based on client needs;
•    Assisting with industrial and commercial registration and system filing;
•    Assisting with the communication with regulatory authorities and industry associations, and respond to relevant feedbacks or inquiries;
•    Providing legal issues arising in the process of establishment, raising and record-filing of fund products and provide pertinent suggestions. 


3、 External Investment of the Fund

 
Chance Bridge Partners has rich experience in the external investment of the fund, and based on his excellent experience and team work in the capital market and cross-border investment and financing, he can not only provide legal services for the investment of the private equity fund, but also provide legal assistance for the invested institutions. We shall, from different perspectives, provide comprehensive legal services regarding the foreign investment and acquisition of private equity funds in China, including the establishment of investment structure, legal due diligence, drafting and negotiation of transaction documents, government approval, and compliance response. 

Our available legal services include:

•    Assisting in the establishment of investment structure, project design and tax planning;
•    Carrying out legal due diligence over the invested entities;
•    Draft, review and modify the full set of transaction documents, participate in negotiations and cooperate with the closing;
•    Assisting the invested entity in legal research on legal issues in the due diligence, and assist in improving corporate compliance; 
•    Assisting the Fund in completing various government registrations and examination and approval. 


4、 Compliance Operation and Exit of the Fund

 
Chance Bridge Partners provides legal service for the whole process including the raising, investment, management and withdrawal of private equity funds with his profound understanding of private equity funds and rich practice in the private equity fund market. During the compliant operation and exit stages of the Fund, we  may provide compliance, risk warning, policy consulting and other services for the daily operation of the Fund, and provide exit plan design, assistance in drafting documents and negotiation for the exit of the Fund, etc. 

Our available legal services include:

•    Assisting the fund manager and the private equity fund in establishing an internal control system and implementing risk control measures;
•    Assisting the fund manager and the private equity fund in improving the investment process, and assist in completing the establishment and implementation of the post-investment supervision mechanism;
•    Assisting in resolving investment disputes;
•    Providing compliance services for the daily operation of the Private Fund, give advice on and provide advice and solutions to legal issues that may arise from time to time;
•    Providing and assisting private fund managers and private funds to complete the annual reporting, fund self-examination and other compliance procedures in a timely manner according to laws and regulations and regulatory policies; 
•    Assisting in the design of project exit plans, drafting of complete legal documents and negotiations. 


5、 Settlement of Fund Disputes

 
In recent years, various risk issues and disputes related to private equity funds have occurred frequently. However, there are a small number of special laws and regulations on private equity funds in judicial practice. The existing regulatory systems of the AMAC and the CSRC need to be further straightened out and clarified. 

Chance Bridge Partners has a strong grasp of substantive disputes over private fund disputes. We have studied the legal issues involved in private fund business for a long period of time, and have grasped the latest judicial concepts of courts at all levels and arbitrations. They have conducted in-depth research on and have sufficient practical experience in the issues of wager agreements, the validity of repurchase clauses, equity shares and debts, special investment clauses, as well as the responsibilities of managers involved in private fund disputes. They can strive for the best results for your company through effective communication with the collegiate bench. Meanwhile, Chance Bridge Partners has handled a lot of cases of disposal of non-performing assets, and have rich experience in disposal of non-performing assets and coordination of resources across regions and departments. 

Our available legal services include:

•    Prior to the commencement of the proceedings, our lawyers will conduct a legal analysis and assessment of the client's proposed case, and provide written reports and recommendations for the client's reference, so that the client may make a decision on whether and how to initiate the proceedings. 
•    The people's court shall collect and sort out evidence of the case and understand the facts of the case, and shall, on this basis, draft the indictment, evidence list, preservation application, letter of authorization, and other litigation documents. 
•    With respect to any case in which it is difficult to enforce the judgment on the case or other damages may be caused to the client due to the conduct of the opposite party to the litigation or any other reason, we will file an application with the court according to the instructions of the client and request the court to make a ruling to take preservation measures such as sealing up, distraining or freezing the property of the opposite party to the litigation, order the opposite party to the litigation to conduct certain acts or prohibit such acts, so as to ensure the smooth enforcement of the judgment after it becomes effective in the future. 
•    We will represent the client in court to state the facts and reasons of the case, adduce evidence and conduct cross-examination; admit, change or waive claims on behalf of the client; apply for forensic expertise or witness to testify in court; voice arguments; refute the counterparty's arguments; mediate under the auspices of the court or reach a settlement outside the court; and withdraw the claim as instructed by the client. Within two working days after the end of the court hearing, the company shall submit a written report on the court hearing to the client so as to enable the client to timely understand the progress of the case. 
•    If the client has any objection to the judgment of the first instance, we will, on behalf of the client, appeal to the court at a higher level within the statutory period, requesting the court at a higher level to hear the case in accordance with the case facts and applicable laws and change the judgment of the first instance or remand the case for retrial by the court of the first instance. 
•    For civil judgments that have come into effect, we can also according to customer instructions, on behalf of customers to file retrial applications, and do our best to start retrial proceedings. 
•    For civil judgments that have come into effect, we will comprehensively and carefully investigate the property of the party subject to enforcement clues, tailored for customers to implement the program. 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. 
•    Although the settlement will reduce our lawyer fees income, but in order to maximize the protection of your legitimate interests, whether at the stage of litigation or execution stage, we never close the door to negotiations, never give up reconciliation efforts, strive to reach a settlement satisfactory to the customer. 
•    During the above service, we will keep close contact with our clients, and provide daily legal consultation and professional advice related to dispute resolution according to clients' needs. 
 
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