Anita Chen, executive partner and deputy director of Shanghai Joius law firm, who graduated from East China University of Political Science and Law and has been practicing for 18 years. She has extensive experience in providing legal services to various financial institutions, Fortune 500 enterprises, multinational companies and foreign-invested enterprises all year round. She is good at combining tax law and capital, providing one-stop service and planning optimal solutions for various commercial activities. She is good at foreign investment, financial securities, merger and reorganization, dispute resolution, tax planning and other fields. For details, please refer to representative cases.
Ms.Chen also has a lawyer's license（China,Mainland）and qualification as a Tax Agents. She was a member of 10th Shanghai Bar Association Banking Research Committee, and is now a member of 11th Shanghai Bar Association M&A Research Committee. She is also adjunct professor of the master of law of Shanghai University of Finance and economics and a lecturer of Taiwan Academy of Banking and Finance.
Ms.Chen edited the book "Essential Knowledge and Legal Practice for Establishing and Operating Companies in China", participated in the compilation of "The Lawyer’s Practice in Banking" (Edited by Shanghai Bar Association Lawyer's Institute), and coauthored " Practice of Offshore Banks on Cross-border Financing and Guarantee to Chinese Onshore Entities " and " Taiwan Region of China Cross-Border Debt Collection to Mainland China Practice and Successful Case Analysis " with Mr Ding and dozens of professional books.
Bachelor's Degree in International Economic Law, East China University of Political Science and Law
Bachelor's Degree in Financial Management, East China University of Political Science and Law
Lawyer‘s License (China,Mainland)
Qualification of Tax Agents (China,Mainland)
Member of 10th Shanghai Bar Association Banking Research Committee
Member of 11th Shanghai Bar Association M&A Research Committee
Participated in the compilation of The Lawyer’s Practice in Banking (Shanghai Bar Association Lawyer's Institute)
Author of Practice of Offshore Banks on Cross-border Financing and Guarantee to Chinese Onshore Entities (Co-author: Daniel Ding)
Author of Essential Knowledge and Legal Practice for Establishing and Operating Companies in China (Compilation by Joius Law Firm )
Off-campus Graduate Supervisor of Shanghai University of Finance and Economics Law School；
Lecturer of Taiwan Academy of Banking and Finance
Litigation cases:
Ms Chen is good at the combination of litigation and non-litigation, and protect the rights and interests of the parties with "all-round and three-dimensional" measures.
Representative cases:
Representation of nine banks including First Bank v. Hong Kong Foster et al. (Jiangsu Higher People's Court)
On behalf of nine banks of domestic and overseas, Ms. Chen sued against a Hong Kong listed company and its mainland subsidiary's Financial loan contract dispute, which applies Hong Kong law according to the agreement of the parties.
A foreign person vs. a domestic person or a domestic real estate development company (case of objection to enforcement raised by a party not involved in the case) (Shanghai Higher People's court)
In the case for objection to execution, under the unfavorable circumstances that the applicant's application was rejected in the first instance judgment, Ms.Chen changed the judgment in the second instance and successfully protected the legitimate rights of the party, and avoided the auction of the house living for more than 20 years.
The case of a Hong Kong company's shareholders' damage to the interests of the company (Jiangsu intermediate people's court).
This case involves a dispute over the confirmation of the validity of the resolution of a foreign-funded joint venture. On behalf of the shareholder of the foreign-funded joint venture, Ms. Chen applied to the court to re-examine the validity of the resolution of the board of directors, the joint venture contract and the articles of association, and demanded to exercise the shareholder's rights.
The case of a foreign-funded enterprise's equity transfer damage to the interests of the company (Jiangsu intermediate people's court).
The case involves that the original shareholder withdraws the capital contribution through the equity transfer and infringes on the interests of the company. On behalf of the above two companies, Ms Chen raised an objection to the nature of shareholders' equity transfer and demands them to bear corresponding responsibilities.
Non litigation cases:
Foreign investment projects: provide investment structure planning and restructuring services for many foreign investment projects, provide overseas investment mode, financing, legal and tax consultation, and reasonably assist in the design of overseas investment scheme and transaction structure. Examples of service participation include but are not limited to:
To help a foreign-funded enterprise to introduce Singapore Fund investment, complete overseas equity replacement (indirect shareholding replacement to direct shareholding), complete asset restructuring within the group, and issue listing structure adjustment plan report under the condition of reducing tax burden as much as possible and without major changes.
A well-known venture capital enterprise in Shanghai repatriates its overseas investment fund projects
Financial securities project: provide daily legal services and special legal services such as bilateral and syndicated loans, acquisition and leverage financing, project financing, restructuring and bankruptcy for many domestic and foreign banks and non-bank financial institutions. The clients served include but are not limited to:
Bank:
More than 30 banks such as Industrial and Commercial Bank of China (Asia), Bank of China Shanghai Branch, Bank of Shanghai, Shanghai Agricultural Commercial Bank, Bank of Hangzhou, Jiangsu Rugao Rural Commercial Bank, East West Bank of America, DBS Bank, Zheng Xin Bank, China Trust Commercial Bank, Cathay United Bank Company , Bank of Taiwan, Shanghai Commercial Savings Bank, Chang Hwa Commercial Bank, Taixin International Commercial Bank and KGI Bank, E.Sun Commercial Bank, Taiwan Cooperative Bank, Mega International Bank, JihSun Bank, Taiwan Business Bank, First Commercial Bank, Land Bank of Taiwan, Bank SinopacI, Yuanta Commercial Bank, Metro Bank, Hwatai Bank, Antie Bank and Far Eastern Bank, etc;
Financial Leasing Companies and Commercial Factoring Conpanies: FEIB Financial Leasing, Shanghai Zlease Finance, Far Eastern Leasing, Shanghai Jingrong Commercial Factoring, Shengye Factoring, T-SC Factoring, etc;
Asset Management Companies: China Oriental Assets Management Company,Co., Ltd., China Pacific Assets Management Co., Ltd., Huarong Asset Management Company, etc;
Administrative Departments: Shanghai Finance Service Office of Jing’an District
Securities projects:
Longjiang Yuanmao Livestock Breeding and Cultivation Center Co. (2020) IPO,
On-Bright Electronics (Shanghai) Co., Ltd (2020) overseas privatization and IPO, Hanbell Precise Machinery Co.,Ltd (stock code 002158) Shanghai's first foreign-invested enterprise IPO, Digiwin Software (stock code 300378) Shanghai first foreign-funded enterprise's GEM IPO, Harson Group (stock code 603958) list on the mainland A-share markets.
M & A projects:
deal with many M & A cases of companies to be listed before IPO and other non-listed companies. Some cases served include:
A listed company in China acquired the business of an ophthalmic group in mainland China and planned to be listed in China;
A domestic listed company merges the subsidiaries of Taiwan Listed Companies in the mainland and plans to list in China;
International well-known logistics space providers merge domestic industrial real estate located in Nanjing, Suzhou, Kunshan and other places and transform them into warehousing projects;
A well-known cosmetics brand in South Korea acquired a domestic e-commerce project;
A private enterprise in China merges overseas famous infant and child brand project;
A private fund merges a large power generation project of a state-owned enterprise in Ningbo
Tax projects :
provide "one-stop" services for many transactions, such as tax law consultation, tax planning, tax inspection, tax dispute settlement, etc. Some cases served include:
1. Kunshan Kaiji absorbed and merged Kunshan Xingji tax planning project;
2. Zhandong international trade real estate tax negotiation project;
3. Tax planning project of Asian value capital acquisition of Hong Kong company
4. Japan and real estate transformation project planning;
5. Xingtie building materials land investment tax planning project
