泰和泰近日为四川信托公司的重组和设立提供全程法律服务。这是继泰和泰成功为四川中铁信托公司的成立提供法律服务后，又一次为四川地区的信托公司巨头提供法律服务。
这支由韩颖梅和姚刚领导法律团队是在2005年四川信托重组失败后开始为其提供法律服务。在6年的时间里为四川信托提供了一系列的包括重组计划，资产鉴定，债权债务分配等多方面的法律服务。
Chengdu-based Tahota Law Firm has recently advised on the restructuring and establishment of Sichuan Trust and Investment Company (STIC). The firm is taking the lead in what seems to be relatively new trust fund business in Sichuan: prior to STIC’s establishment Tahota also recently advised China Railway Trust Company on its fund restructure.
Led by partner Han Yingmei and senior lawyer Yao Gang, the firm has been advising STIC for the past six years on its US$300m restructuring plans, assets and debt issues, after the company’s first attempt to restructure its assets in 2005 failed. “The transaction spanned a very long time because it was very challenging. We did not have sufficient precedents to refer to, since trust funds are still considered novel entities in China,” said Yao.
In facilitating the successful deal, the advisor had to rely on the similar aspects of company restructuring regulations issued by the China Securities Regulatory Commission (CSRC), and then modify certain clauses accordingly. “The China Banking Regulatory Commission (CBRC) which regulates trust companies in China, has yet to stipulate fixed rules regarding the establishment and restructuring of trust funds here. Therefore, the documents that we filed were frequently subjected to changes,” Yao explained.
These recent successful trust fund restructurings will open doors for similar ventures – especially in Sichuan, the financial centre of Southwest China. ALB
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