Xinghai YU

Representative Matters

• Litigation
• Represented the major shareholder in a securities misrepresentation liability dispute against ST Guangyi (300356), prevailing in both the first instance and second instance.
• Handled a private placement share repurchase dispute involving ST Tianwo (002564), achieving a favorable outcome in the retrial.
• Represented the bankruptcy administrator in a construction contract dispute against Nanjing Construction Engineering Group Co., Ltd., involving a disputed amount of RMB 850 million.
• Handled the first case in China where a captain suspected of smuggling goods prohibited from import/export was granted non-prosecution.
• Represented a Tianjin-based enterprise in an equity repurchase dispute against Shimao Group, with principal and counterclaims totaling nearly RMB 100 million.
• Represented Nanjing Industrial Development Fund Co., Ltd. in multiple equity repurchase disputes.
• Represented a commercial bank in a financial loan guarantee recourse dispute against shareholders of a deregistered company, involving over RMB 140 million.
• Represented constructors, contractors and subcontractors in multiple construction contract dispute retrials.
• Represented a company in a retrial of a dispute over shareholder liability for damaging corporate interests.
• Handled a retrial of a private lending contract dispute arising from construction projects.
• Handled a dispute over the validity of resolutions of the board of directors and shareholders' meeting of a joint-stock cooperative enterprise (second instance).
• Represented a company in a mixed guarantee recourse dispute throughout first instance, second instance and enforcement proceedings.
• Handled a maritime dispute relating to the French project of Omay Medical Co., Ltd.
• Handled several tax-related contract disputes for financial import and export supply chain enterprises.

• Non-Litigation
• Led fund due diligence for China National Nuclear Corporation (wholly-owned subsidiary of the State-owned Assets Supervision and Administration Commission).
• Advised on investment by a wholly-owned AIC fund of China Construction Bank to promote the commercialization of scientific and technological achievements of Southeast University.
• Led the IPO project for a Nanjing-based electronics company.
• Advised on the public issuance of convertible bonds by Red Sun Co., Ltd.
• Handled creditor's right declaration projects for listed companies.
• Led distress relief due diligence projects for Liuhe Happy Port and Wanda Plaza.
• Led due diligence for the Series D equity investment by Nanjing Industrial Development Fund in Beijing Aerospace Yuxing Technology Co., Ltd.
• Led due diligence for the equity investment by Nanjing Industrial Development Fund in Nanjing Moshuantuan Information Technology Co., Ltd.
• Participated in Omay Medical Supplies Co., Ltd.'s major overseas trade, French investment and Vietnam equipment mortgage projects.
• Participated in the reinvestment project of Shanghai Plasc Co., Ltd. (wholly foreign-owned enterprise).
• Participated in the compliance system construction project of Jiangsu Industrial Technology Research Institute.
• Participated in the investment project of Jiangsu Industrial Technology Research Institute in Zhongke Zhixin Co., Ltd.
• Participated in the compliance system construction project of Zhejiang Energy Group Co., Ltd.
• Participated in the special compliance review project for Omay's social e-commerce business.
• Participated in the special compliance project for Dongjiu Group.
• Served as perennial legal counsel and compliance advisor for Omay Medical Co., Ltd.
• Handled the franchise dispute between World Village Co., Ltd. and Dillion Co., Ltd.

Education Background

• Master of Law (Economic Law), Nanjing Normal University

Professional Qualifications

• Bar admission in P.R. China

Recognitions and Affiliations

• Member of the New Energy Industry Legal Committee of Nanjing Lawyers Association
• Member of the Company Law Committee of Jiangning Branch of Nanjing Lawyers Association
• Member of the Civil Law Committee of Jiangning Branch of Nanjing Lawyers Association

Selected Publications

• Mutual Recovery Rights of Joint Guarantors
• "On the System of Differential Voting Rights from the Perspective of Investor Protection", Third Prize of the First Jinling Commercial Law Lawyer Forum
• Focus on Conflicts of Interest - On Related Persons, Related Parties, and Others
• Irreplaceability of Supervisory Board Powers
• Application of the Waiver of Objection Rule in the Field of Commercial Arbitration