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This
department comprises three main areas of activity:
banking, corporate and cross-border services.
Some
of the more significant legal work that we have
done recently relate to the following:
| 1 |
Asset
Swap: We advised and structured an asset swap
for a bank to exchange a bad debt for certain
listed securities and performing loan; thus
avoiding the need to make a huge provision
for it. Key features were the use of convertibles,
options and interest rate swaps. |
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| 2 |
Structuring
a multiparty joint venture for investing in
an old building reconstruction project in
the People's Republic of China. Key features
were the offshore financing of the project,
the adjustment of risk and profit between
the offshore shareholders at three different
levels and advice on the special features
of governmental policies relating to old
building reconstruction projects. |
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| 3 |
Advising
a foreign party relating to an investment
dispute between a foreign party and a local
Chinese governmental body arising out of the propriety
of the governmental approval given for an
infrastructure project. Key features involved
the use of administrative appeal procedures
in the People's Republic of China, international
arbitration and winding-up and liquidation
of the joint venture company. |
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| 4 |
Debt
reconstruction and corporate reconstruction
for a Japanese company following the insolvency
of the Japanese group. Key features involved
a China listed company coming in as a white
knight to take over the debt and part of the
equity of the troubled company, the consideration
of issues arising from the liquidation of
the Japanese group and balancing of interests
of the white knight, the lenders and the existing
shareholders so as to produce satisfactory
results for all parties in the transaction. |
The
above mentioned deals are significant in the sense
that they represent a non-traditional way of approaching
a problem or a venture into a novel area of law,
resulting in a solution acceptable to all parties
involved.
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