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Fan ZHANG
Equity Partner / Beijing
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Tel +86-10-5957-2382
Email zhangfan8@zhonglun.com
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Practices
Litigation & Arbitration, White Collar Crime & Criminal Compliance, Investment/M&A & Corporate Governance
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Industries
Real Estate, Banking & Financial Services
Fan ZHANG
Ms. Fan Zhang's main practice areas are domestic civil and commercial litigation and arbitration, commercial crime and criminal compliance, criminal defense and prosecution, legal compliance review in the fields of companies, finance, securities, real estate, construction projects, guarantee, commercial drafts, as well as strategic planning for cases with overlapping civil and criminal aspects and other types of complex cases.
Ms. Zhang is skillful in navigating the legal system and applying regulations in the civil, commercial, and criminal fields, and is familiar with how courts, arbitration institutions, public security organs, and procuratorates approach cases, by virtue of which she is quick to identify the key points and difficulties of the case, and makes swift and spot-on assessment and prediction.
Ms. Zhang excels in dealing with major, challenging, and complicated civil and commercial second instance lawsuits, retrial disputes, and civil and criminal cross-cutting cases. She is adept in providing clients with comprehensive and actionable solutions, while protecting the legitimate rights and interests of the stakeholders to the greatest extent.
Representative Matters
The intersection of civil and criminal
Advised a local rural commercial bank and a state-owned bank in the Beijing High Court in the case of a contract dispute over a wealth management product of CNY 3 billion. The case involved a cross between civil and criminal cases where a local rural commercial bank was defrauded of purchasing wealth management products and funds were misappropriated question.
Advised a second-tier subsidiary of a state-owned enterprise in a series of enforcement objection cases involving nearly 2 billion yuan and related criminal cases in courts across the country due to capital contribution issues, and some cases have obtained effective judgments in favor of the case.
Advised a steel group in Hebei and a mining group in Hebei in a second-instance case involving a private lending dispute of about 600 million yuan in the Supreme People’s Court, and obtained a favorable judgment in the second-instance trial. This case involves the intersection of civil and criminal matters.
Provided legal services for an enforcement case involving more than 160 million yuan in the Chongqing No. 1 Intermediate People's Court between Liu and an industrial company in Chongqing. At the same time, it involved criminal prosecution of the actual controller of the person subject to enforcement and the issue of recovery of stolen goods. Successfully obtained partial execution payment.
Provided legal services for the first instance, second instance and retrial of a loan contract dispute between a state-owned bank and a beer company in Siping Intermediate Court, Jilin High Court, and the Supreme Court with a target of about 50 million yuan. The case involved the borrower committing a crime of defrauding loans In this case, the scope of the guarantor’s responsibility and other cross-border issues between civil and criminal, a state-owned bank finally obtained a favorable judgment.
Provided legal services for a large enterprise in civil loan disputes, involving the crime of occupational embezzlement and the criminal crime of “routine loan" at the same time.
Provided legal services for a large state-owned enterprise and a state-owned bank in a loan civil dispute involving false lawsuits and bribery criminal cases.
Provided legal services for a large enterprise involving trust civil disputes and smuggling criminal cases.
Provided legal services for a large enterprise in a civil contract dispute case involving misappropriation of funds, illegal transfer of land use rights and other criminal compliance cases.
Provided a plan for a large consulting company's overall response to tort liability disputes, criminal reporting and being reported due to collection issues, and successfully resolved the company's crisis.
Provided legal services for the liquidation project of a subsidiary of a large state-owned enterprise group, in which the issue of the cross between civil and criminal for the crime of forging official seals.
Civil and Commercial Dispute Resolution
Provided legal services for a large industrial company in cases involving enforcement objections, enforcement reconsideration, enforcement supervision and enforcement objections involving 1.8 billion yuan in the Beijing Third Intermediate Court due to the mandatory enforcement of notarized creditor’s rights documents.
Advised a listed company and a state-owned bank in the Supreme People's Court in the second instance of a dispute over a financial loan contract with a target of more than 400 million yuan, and provided the listed company with the opportunity to remand for retrial.
Provided legal services for a construction contract dispute of 180 million yuan in Wuhai Intermediate Court between a state-owned enterprise group Co., Ltd. and a new material technology Co., Ltd. in Wuhai City.
As the legal counsel of a central enterprise group, carried out the liquidation and liquidation of its subordinate enterprises with historical problems.
Provided legal services for a commercial bank in a series of 200 million yuan debt collection cases in multiple courts in Chongqing, successfully promoted the enforcement procedures and obtained partial payment.
Advised an investment company and an entertainment company in the litigation and enforcement of an investment contract dispute of more than 100 million yuan in Beijing Third Intermediate Court, successfully mediated and recovered part of the execution money.
Provided legal services for the first and second instance of a contract dispute between a Beijing trading company limited and Chen et al. in the Beijing Fourth Intermediate Court with a target of 100 million yuan, and obtained a favorable judgment.
Provided legal services for a commercial bank in the enforcement objection procedure against the erroneous ruling made by a court in Sichuan Province.
Advised a smelting company and a steel company in the second instance and retrial of a contract dispute in the Supreme People's Court with a target of approximately CNY 80 million, and both won the case.
Provided legal services for the first instance and second instance of the execution objection lawsuit between a central enterprise group company and a local state-owned enterprise in Tianjin in the Tianjin No. 2 Intermediate Court and the Tianjin High Court with a target of about 36 million yuan, and obtained a favorable judgment in both cases and established client funds. This case establishes the legitimacy of the centralized management mode of client funds and avoids the huge risk of joint liability for debts between clients and subsidiaries.
Advised a chemical company and a new material company in the Supreme People's Court in the retrial case of a sales contract dispute with a target of about 30 million yuan, overturned the original judgment and obtained a favorable judgment in the retrial.
Advised a vaccine production company and a biotechnology company in the Supreme People's Court for a technical cooperation development contract dispute retrial case with a target of approximately CNY 25 million, overturned the original judgment and obtained a favorable judgment in the retrial.
Advised Aksu Pharmaceutical Co., Ltd. and Di on the retrial case in the Supreme People's Court of a private lending dispute with a target of about 20 million yuan, and obtained a ruling in favor of the retrial.
Advised a real estate development company and a construction group company in the Supreme People's Court in the retrial case of a construction project contract dispute of about CNY 12 million.
Advised a large construction company and a real estate development company in the Supreme People's Court in the retrial case of a construction contract dispute of about 10 million yuan, overturning the original judgment and obtaining a favorable retrial judgment.
Provided legal services for the first instance, second instance, and retrial of a case of about 17 million yuan in execution objection between a group Southwest Co., Ltd. and a local state-owned enterprise in Tianjin, Sichuan Chengdu Intermediate Court and Sichuan Higher Court. The shareholder of the person subject to execution is the person subject to execution.
Provided legal services for the retrial case of a loan contract dispute between a branch of a state-owned bank and an industry and trade company in the Supreme People’s Court, which involved issues left over from the 1990s and lost in the original trial In this case. The retrial was successfully mediated and the case was concluded, and an industry and trade company voluntarily fulfilled the judgement.
Provided legal services for the retrial case of a loan contract dispute between a local agricultural commercial bank and a Shanxi landscape construction Co., Ltd. in the Supreme People's Court, overturning the original judgment and obtaining a favorable judgment in the retrial.
Provided legal services for a contract dispute case between an investment platform and a NEEQ company and its actual controller in the Fengtai District People's Court of Beijing with a target of about 12 million yuan, and obtained a favorable judgment.
Advised a Tianjin Welding Consumables Co., Ltd. and other shareholders and a Tianjin Welding Consumables Group Co., Ltd. in disputes over liability for damage to the company’s interests, equity transfer disputes, and trademark rights transfer disputes in the Tianjin Second Intermediate Court and the Supreme People’s Court.
Provided legal services for Wuliangye Company and Yin Mou and others regarding the wine cellar issue in the case of property rights protection dispute in Sichuan High Court, and obtained a favorable ruling to dismiss Yin Mou and others.
Provided legal services for a large liquor company in the Supreme People's Court's trademark invalidation retrial case, and obtained a favorable judgment in the retrial.
Provided legal services such as program planning for a number of listed companies to deal with stockholders’ securities lawsuits and overall response to a series of disputes, and successfully resolved the company’s crisis.
Provided legal services such as plan planning for a petroleum equipment company in dealing with the property damage disputes and overall response of anonymous shareholders, and successfully resolved the company's crisis.
Provided legal services such as non-litigation solution planning and other legal services for a shipping company to deal with a company control dispute over a hostile takeover by others, and successfully resolved the company crisis.
Provided legal services for the overall response plan planning and corresponding litigation for the follow-up disposal of real estate development projects involved in a large group company, loan contract disputes and overseas litigations and other disputes.
Provided legal services for an international lighting company in the Beijing Fourth Intermediate People’s Court’s application for revocation of an arbitral award.
Advised a large chemical group and a large port warehousing company in the retrial case of port warehousing contract dispute in the Supreme People’s Court.
Provided legal services for a dispute between an investment company and relevant government departments in Beijing Shunyi Court on the confirmation of the invalidity of the contract, and successfully facilitated the settlement between the investment company and the government department.
As the investor’s legal advisor, participated in the debt restructuring and bankruptcy reorganization of a real estate company in Tieling.
Perennial legal counsel for an investment company, an industrial company, a real estate development company, an education technology company, etc. Criminal Defense Field
Defended the person in charge of a large foreign trade company for the crime of fraudulently purchasing foreign exchange and illegal business operation.
Provided legal services for a listed company in criminal cases involving illegal disclosure, non-disclosure of important information, and securities market manipulation.
Provided legal services for the person in charge of a large enterprise suspected of bribery of a Hong Kong listed bank unit.
Provided legal services for a listed company in a criminal case involving contract fraud.
Provided legal services for a company suspected of falsely issuing special value-added tax invoices worth over 100 million yuan in criminal cases.
Provided legal services for a large enterprise in a criminal case involving environmental pollution;
Defended the loan fraud case of the actual controller of a large real estate group in Henan.
Defended a city party secretary in Hubei for the crime of taking bribes, abusing power, and selling state-owned assets at a low price, involving more than 100 million yuan.
Defended a bureau-level deputy director of the National Development and Reform Commission on the alleged bribery case.
Defended a leader of a public institution in a case involving corruption and bribery, involving more than 20 million yuan.
Defended an enterprise suspected of illegal mining, involving more than 40 million yuan.
Defended a person in charge of the National Security Bureau on suspicion of intentional homicide and organized prostitution.
Defended an employee of the People's Bank of China for allegedly swaggering and cheating.
Provided legal services for a chain restaurant company in a criminal case involving tax evasion.
Provided legal services for a company in a criminal case involving an underworld organization. Criminal Prosecution
Provided criminal prosecution services for a company in the case of contract fraud and occupation of more than 600 million yuan.
Provided criminal prosecution services for the case of Liu, a director of a listed company, being defrauded of more than 100 million yuan.
Provided criminal prosecution services for the post-processing of investment projects involved in a large group company and the financier's suspected fraud case.
In a credit card civil dispute between a bank and a listed company, the card issuer was also involved in a credit card fraud case to provide criminal prosecution services. Criminal Compliance Area
Provided legal services for an executive of a company to be listed on the suspected bribery crime, helping the company resolve the criminal crisis.
Provided legal services for the prevention and control of criminal risks in a multinational operation of an enterprise.
Memberships & Affiliations
Vice President, Chongqing Chamber of Commerce in Beijing
Independent Non-executive Director, China Boqi Environmental (Holding) Co., Ltd.
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Bar Admissions/Professional Qualifications
PRC Bar, 2017
China Legal professional qualification, 2006 -
Education
Doctor of Laws, China University of Political Science and Law
Master of Laws, Sichuan University,
Bachelor of Laws, The Southwest University of Political Science & Law -
Professional Experience
Beijing Zhonglun Law Firm
Beijing King & Wood Law Firm -
Languages
Chinese