ENG

CV

Baosheng ZHANG

Mr. Baosheng Zhang specializes in securities compliance, securities litigation, securities crimes, and corporate litigation.
As one of the most experienced lawyers in the field of securities compliance in China, Mr. Zhang has represented dozens of listed companies, securities companies, and fund companies in various securities compliance cases involving disclosure violations, insider trading, market manipulation, etc., with procedures spanning preliminary investigations, administrative investigations, administrative settlements, administrative hearings, administrative reviews, administrative punishment proceedings, and criminal proceedings. He has participated in many of the most influential landmark securities compliance cases in China.
Mr. Zhang also has made significant achievements in the field of securities litigation in China. He has successfully represented more than 60 listed companies and securities companies and their directors, supervisors, and executives in response to securities litigation brought by bulk investors. Many of these cases were selected into top ten cases by the Supreme People's Court.
Mr. Zhang is also adept at handling all kinds of corporate disputes and has proposed creative and constructive dispute resolutions to dozens of complex corporate disputes.

Representative Matters

Securities Compliance

  • Participated in the first securities administrative settlement case in China

  • Participated in the first over-the-counter placement penalty case in China

  • Participated in one of the first cases of ETF manipulation in the securities market in China

  • Participated in the first case of securities market manipulation by market makers in NEEQ in China

  • Represented dozens of listed companies and their directors, supervisors, and executives in response to administrative investigations, administrative penalty hearings, administrative reviews, and disciplinary hearings for alleged information disclosure violations

  • Represented several fund companies, investment companies, trust companies, dozens of directors, supervisors, and executives of listed companies, fund managers, and investors in response to administrative investigations, administrative penalty hearings, and administrative reviews for alleged insider trading and use of undisclosed information

  • Represented dozens of securities market participants in response to administrative investigations, administrative penalty hearings, and administrative reviews for alleged manipulation of the securities market

  • Represented several securities companies and accounting firms in response to administrative investigations and administrative penalty hearings for alleged failure to exercise due diligence


Securities Crime

  • Provided several directors, supervisors, and executives of listed companies with legal services for alleged crime of illegal disclosure or concealment of important information

  • Provided several directors, supervisors, and executives of listed companies with legal services for alleged crime of impairing interests of listed companies

  • Provided many investors with legal services for alleged crime of insider trading

  • Provided many investors with legal services for alleged crime of securities market manipulation

  • Provided many fund managers with legal services for alleged crime of fund rat trading


Securities Litigation

  • Acted in the first securities misrepresentation litigation model judgment case in China

  • Acted in the first bond misrepresentation representative litigation in China

  • Acted in the first ABS securities misrepresentation case in China

  • Acted in the first securities misrepresentation case involving private offering in China

  • Acted in the first securities misrepresentation case in China where the proportion of non-systematic risk factors were quantified and disproportional risk factors excluded

  • Acted in the first securities misrepresentation case in China where a director of a listed company was exonerated from civil liability after facing administrative penalties

  • Acted in the first share repurchase and securities misrepresentation litigation in China arising from the delisting of a listed company for fraudulent issuance

  • Acted in a securities misrepresentation case in China where for the first time a securities company acting as a sponsor and independent financial advisor was exempted from civil liability

  • Acting in the first securities misrepresentation case in China where bond rating agencies were involved in private placement bond offering (pending)

  • Acting in a securities misrepresentation case in China where for the first time the court proactively applied the "representative actions with an indefinite number of persons" procedure to solicit investors after the implementation of the new Securities Law (pending)

  • Represented dozens of listed companies and their directors, supervisors and executives, securities companies, accounting firms, and rating agencies in civil claims for securities misrepresentation


Corporate Litigation

  • Acted in the first case in China where shareholders' rights were restricted for their failure to make capital contributions, which was selected as a guiding case by the Supreme People's Court

  • Acted in a guiding case in which the court applied the denial of corporate personality to hold shareholders jointly and severally liable for the debts of a company prior to the implementation of the Company Law in 2005

  • Represented dozens of group companies and listed companies in corporate control disputes, M&A disputes, valuation adjustment mechanism disputes, and other cases

  • Represented dozens of companies in disputes over the validity of corporate resolutions, distribution of corporate surplus, transfer of equity interests, proxy holding of equity interests, confirmation of shareholders' qualifications, and infringement by management

Honors and Awards

For Individual

Band 1 in Securities Litigation, Chambers & Partners, 2023

Lawyer of the Year-China, Benchmark Litigation Asia-Pacific, 2020, 2022-2023

Litigation Star in Government and Regulatory, Benchmark Litigation Asia-Pacific, 2021-2023

Litigation Star in Government and Regulatory, Benchmark Litigation China, 2022- 2023

The A-list Lawyers, China Business Law Journal, 2023

Leading Light in Securities Compliance and Litigation, DAWKINS, 2022

Litigation Star, Benchmark Litigation China, 2021

China Top 15 Litigators, Asian Legal Business, 2019

Regulatory & Compliance Lawyer of the Year, China Law & Practice, 2018

The First-tier Lawyer of China's Top Lawyers in Compliance, LEGALBAND, 2018

Recommended Lawyers – China (Dispute Resolution), Legal 500, 2015-2016

China Top 15 Litigators, Asian Legal Business, 2014

For Deal

"Zoneco misrepresentation civil compensation lawsuit", Deals of the Year, China Business Law Journal, 2022

"Wuyang Bonds misrepresentation civil compensation lawsuit", Top Ten Commercial Cases of National Courts, 2021

"Wuyang Bonds misrepresentation civil compensation lawsuit", Deals of the Year, China Business Law Journal, 2021

"Jiangsu Protruly Vision Technology Group Co., Ltd. securities misrepresentation civil compensation lawsuit", Top Ten Commercial Cases in National Courts, 2020

"Founder Technology Group Co., Ltd. securities misrepresentation civil compensation lawsuit", Impact Cases of the Year, Benchmark Litigation Asia Pacific, 2020

"Shanghai U9 Game Co., Ltd. securities misrepresentation civil compensation lawsuit", Deals of the Year, China Business Law Journal, 2020

"Founder Technology Group Co., Ltd. securities misrepresentation civil compensation lawsuit", Top 10 Influential Lawsuits in China, 2019

"Founder Technology Group Co., Ltd. securities misrepresentation civil compensation lawsuit", Top Ten Civil, Administrative, and State Compensation Cases of the People's Court, 2019

"Zhejiang Sunriver Culture Co., Ltd. securities misrepresentation civil compensation lawsuit", Top Ten Commercial Cases of the People's Court, 2019

"Peking University Founder Group Co., Ltd. securities misrepresentation civil compensation lawsuit for misrepresentation of Founder Technology Group Co., Ltd.", Deals of the Year, China Business Law Journal, 2019

"Founder Technology securities misrepresentation civil compensation lawsuit" Deals of the Year, China Business Law Journal, 2019

"PKU HealthCare Corp., Ltd. securities misrepresentation civil compensation lawsuit", Deals of the Year, China Business Law Journal, 2018

Memberships & Affiliations

Executive Director, Institute of Securities Law of China Law Society

Executive Director, China Business Law Society

Director, China Commercial Law Society

Arbitrator, Shenzhen Court of International Arbitration

Mediator, China Securities Investor Protection Fund Corporation Ltd.

Member, Legal Affairs Professional Committee, National Association of Financial Market Institutional Investors

Visiting Researcher, Research Center of Enterprise and Company Law, Peking University

Adjunct Advisor for Masters, Peking University Law School

Publications

"Commentary on the Essence and Provisions of the Securities Law of the People's Republic of China" (co-author), China Legal System Publishing House, 2020

"Global Legal Practice Guide: Class Relief and Group Actions (2021) – China", Chambers, 2021

"Witnesses and Prospects: Twenty Years of Securities Litigation in China", Zhong Lun Research Institute, 2022

"Practice Guidelines for Lawyers Handling Civil Litigation for Securities Misrepresentation", All China Lawyers Association, 2017

"Corporate Litigation Practice Guidelines for Lawyers", All China Lawyers Association, 2013

"Strategies of Winning - How Multinational Companies Respond to Corporate Litigation in China" (editor in chief), Peking University Press, 2012

"Planning and Responding to Company Litigation" (editor in chief), Law Press, 2009

"Basic Practice for Corporate Lawyers" (co-author), China Renmin University Press, 2014

"Accurately Determining Intermediaries' Civil Liability for Misrepresentation" (co-author), China Finance, 2023

"Definition of Securities Companies' Duty of Care and Suggestions for Evaluation of Investment Banking Practice in the Perspective of Securities Misrepresentation Liability" (co-author), China Securities, 2023

"Study of Special Issues in the Determination of Transaction Causation in Misrepresentation Litigation in the Interbank Market" (co-author), Financial Market Research, 2022

"Refining Considerations of Causal Force and Fault in Intermediaries' Liability for Securities Misrepresentation - An Introduction to Real Case Models and US Law" (co-author), Securities Law Review, 2022

"Rethinking and Reconstructing the Liability of 'Directors, Supervisors and Executives' of Listed Companies in the Context of the Company Law: the Current Situation of the Securities Legal Liability of Directors, Supervisors and Executives of Listed Companies as a Starting Point" (co-author), Securities Law Review, 2021

"Exploring the Boundaries of Directors' Civil Liability in Securities Misrepresentation Liability Disputes - Introduced by Two Successful Cases of Directors' Defence of Liability of Listed Companies" (co-author), Securities Law Review, 2020

"A Study on the Use of Artificial Intelligence Algorithms to Accurately Quantify Systemic Risk in Securities Misrepresentation Liability Disputes" (co-author), Securities Law Review, 2019

"Practice and Suggestions of the Standard of Proof of Information Disclosure Violation - Introduced by a Case of Administrative Punishment for Information Disclosure Violation of a Listed Company" (co-author), Tsinghua Financial Law Review, 2019

"Reflection on the Function and Effectiveness of the Securities Advance Payment System - Introducing the Follow-on Dispute of XinTai Electric Co., Ltd. Fraudulent Issuance Advance Payment Special Fund" (co-author), Securities Law Review, 2018

"Reflection on and Amendment to the Method of Determining the Illegal Proceeds of Insider Trading in Law Enforcement Practice" (co-author), Securities Law Review, 2017

"Taking the Constituent Elements of Manipulating the Securities Market to Analyze Whether ETF Manipulation Is Established - an Example of a Company in Qingdao Suspected of Manipulating 180 ETF" (co-author), Securities Law Review, 2016

"On Discretion in Securities Administrative Enforcement - an Example of Administrative Penalty Standards for Financial Information Disclosure Violations" (co-author), Securities Law Review, 2015

"Criteria for Determining and Calculating Systemic Risk in Civil Compensation Cases for Securities Misrepresentation" (co-author), Peking University Press, 2015

"Identification and Strategies of Securities Insider Trading" (co-author), Peking University Press, 2015

Related

  • Bar Admissions/Professional Qualifications

    PRC Bar

  • Education

    EMBA, Peking University Guanghua School of Management, 2016
    LL.M., The University of Northampton, 2002
    LL.M., Shandong University, 2001
    LL.B, Peking University, 1991

  • Professional Experience

    Equity partner, Zhong Lun Law Firm, November 2017 to present
    Partner and associate, King & Wood Mallesons, January 2004 - November 2017

  • Languages

    Chinese
    English