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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, Corporate & Commercial Crime, Investment/M&A & Corporate Governance
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Industries
Real Estate, Banking & Financial Services
Fan ZHANG
Ms. Fan Zhang's practice mainly covers domestic civil and commercial litigation and arbitration, corporate and commercial crime, criminal defense and prosecution, legal compliance review in 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 civil, commercial, and criminal matters and possesses deep insights into how courts, arbitration institutions, public security organs, and procuratorates approach cases. By virtue of such strengths, she is quick to identify the key points and difficulties of a case, and makes swift and spot-on assessment and prediction.
Astute in dealing with major, challenging, and complicated civil and commercial second instance trials, retrial disputes, as well as civil-criminal hybrid cases, Ms. Zhang provides clients with comprehensive and actionable solutions, while protecting the legitimate rights and interests of the stakeholders to the greatest extent.
Representative Matters
Civil-Criminal Hybrid Cases
Advised a local rural commercial bank and a state-owned bank before Beijing High People's Court in the case of a contract dispute over a CNY 3 billion wealth management product, which involved the local rural commercial bank implicated in wealth management product fraud and misappropriation of funds, rendering the case a criminal-civil hybrid case
Advised a second-tier subsidiary of a central state-owned enterprise in a series of enforcement objection cases involving nearly CNY 2 billion and related criminal cases arising from capital contribution issues before courts across China, with judgments in favor of the client obtained for some of these cases
Advised a Hebei-based steel group against a Hebei-based mining group in the second-instance trial of a criminal-civil hybrid case involving an about CNY 600 million private lending dispute before the Supreme People's Court, and obtained a favorable judgment
Provided legal services for an enforcement case involving more than CNY 160 million before Chongqing No. 1 Intermediate People's Court between an individual and a Chongqing-based industrial company, involving criminal prosecution of the actual controller of the entity subject to enforcement and recovery of stolen goods, and successfully obtained part of the client's claimed amount from the enforcement procedures
Provided legal services for the first instance, second instance, and retrial of an about CNY 50 million loan contract dispute between a state-owned bank and a beer company before Siping Intermediate People's Court, Jilin High People's Court, and the Supreme People's Court, involving determination of the scope of the guarantor's responsibility as the borrower committed loan fraud and other civil-criminal hybrid matters, and eventually obtained a favorable judgment for the state-owned bank
Provided legal services to a large enterprise for civil loan disputes, involving occupational embezzlement and fraudulent private loan
Provided legal services to a large state-owned enterprise and a state-owned bank in a loan civil dispute involving criminal cases over false lawsuits and bribery
Provided legal services to a large enterprise in trust-related civil disputes involving criminal cases concerning smuggling
Provided legal services to a large enterprise in a civil case over a contract dispute, involving misappropriation of funds, illegal transfer of land use rights, and other criminal compliance matters
Provided overall planning for a large consulting company's response to tort liability disputes, criminal reporting and being reported due to payment collection issues, and successfully resolved the client's crisis
Provided legal services for the liquidation of a subsidiary of a large state-owned enterprise group, which involved civil-criminal hybrid proceedings, as the mandate concerned the crime of forging official seals
Civil and Commercial Dispute Resolution
Provided legal services to a large industrial company in cases of enforcement objections, enforcement reconsideration, enforcement supervision, and enforcement objections involving CNY 1.8 billion before Beijing Third Intermediate People's Court arising from the mandatory enforcement of notarized documents evidencing creditor's rights
Advised a listed company and a state-owned bank in the second instance of a dispute over a more than CNY 400 million financial loan contract before the Supreme People's Court and secured for the client the opportunity of remand for retrial
Provided legal services for a construction contract dispute of CNY 180 million before Wuhai Intermediate People's Court between a central state-owned enterprise group company and a Wuhai-based new material technology company
Acted as legal counsel to a central state-owned enterprise group and carried out inventory and liquidation of its subordinate enterprises with unresolved problems
Provided legal services to a commercial bank in a series of cases relating to CNY 200 million debt collection before multiple courts in Chongqing and successfully moved ahead the enforcement procedures and obtained partial debt repayment
Advised an investment company and an entertainment company in the litigation and enforcement of an over CNY 100 million investment contract dispute before Beijing Third Intermediate People's Court, successfully getting the case mediated and recovering part of the enforced amount
Provided legal services for the first and second instances of a CNY 100 million contract dispute between a Beijing-based trading company and an individual and others before Beijing Fourth Intermediate People's Court and obtained a favorable judgment
Provided legal services to a commercial bank in the enforcement objection procedure against the erroneous ruling made by a court in Sichuan Province
Advised a smelting company against a steel company in the second instance and retrial of an about CNY 80 million contract dispute before the Supreme People's Court and won both trials
Provided legal services for the first instance and second instance of an about CNY 36 million execution objection lawsuit between a central state-owned group company and a Tianjin-based local state-owned enterprise and others before Tianjin No. 2 Intermediate People's Court and the Tianjin High People's Court, and obtained a favorable judgment in both instances, justifying the client's centralized fund management approach and thereby mitigating the potential significant risk of joint liability for debts among the client and its subsidiaries
Provided legal services for a retrial before the Supreme People's Court of an about CNY 30 million sales contract dispute between a chemical company and a new material company, persuading the court to overturn the original judgment and issue a judgment in the client's favor
Provided legal services for the retrial of an approximate CNY 25 million technical cooperation development contract dispute before the Supreme People's Court between a vaccine production company and a biotechnology company, persuading the court to overturn the original judgment and issue a judgment in the client's favor
Advised Aksu-based pharmaceutical company on the retrial before the Supreme People's Court of an about CNY 20 million private lending dispute against an individual and obtained a ruling in favor of the client
Advised on the retrial of a construction project contract dispute of about CNY 12 million between a real estate development company and a construction group company before the Supreme People's Court
Advised on the retrial of a construction contract dispute of about CNY 10 million between a large construction company and a real estate development company before the Supreme People's Court, overturning the original judgment and obtaining a favorable retrial judgment
Provided legal services for the first instance, second instance, and retrial of an enforcement objection involving about CNY 17 million between a group's Southwest company and a local state-owned enterprise in Tianjin before Chengdu Intermediate People's Court and Sichuan High People's Court, garnering favorable outcomes for all three trials and having the shareholder of the enforced entity subject to the enforcement
Provided legal services to a branch of a state-owned bank for the retrial of an approximate CNY 15 million loan contract dispute against an industry and trade company before the Supreme People's Court, which involved issues unresolved from the 1990s, and successfully had the case mediated in the retrial, with the opposing party voluntarily fulfilling the claims made by the client, despite the unfavorable circumstance where the client had lost in the previous trial
Provided legal services for the retrial of a loan contract dispute between a local agricultural commercial bank and a Shanxi-based landscaping company before the Supreme People's Court and successfully secured a favorable judgment that effectively overturned the previous ruling
Provided legal services to an investment platform in a contract dispute involving about CNY 12 million against a NEEQ-listed company and its actual controller before Fengtai Primary People's Court and obtained a favorable judgment
Provided legal services to a Tianjin-based welding consumables company and other shareholders against a Tianjin-based welding consumables group company in disputes over liability for damage to corporate interests, equity transfer, and trademark rights transfer before Tianjin Second Intermediate People's Court and the Supreme People's Court
Provided legal services to Wuliangye regarding the dispute over property right protection, involving a wine cellar and other issues, against an individual and other parties before Sichuan High People's Court and obtained a favorable ruling to dismiss claims made by the opposing parties
Provided legal services for a large liquor company in the retrial of trademark invalidation before the Supreme People's Court and obtained a favorable judgment
Provided legal services, such as planning, to a number of listed companies for dealing with stockholders' securities lawsuits and offered comprehensive legal support throughout the dispute resolution process, successfully resolving the company's crisis
Provided legal services, including planning, to a petroleum equipment company in dealing with property damage disputes involving anonymous shareholders and offered comprehensive legal support throughout the dispute resolution process, successfully resolving the client's crisis
Provided legal services, such as devising non-litigation solutions, to a shipping company in dealing with a company control dispute over a hostile takeover initiated by others and successfully resolved the crisis
Provided comprehensive legal support, including litigation services, to a large group company for the disposal of real estate development projects, loan contract disputes, overseas litigations, and other disputes
Provided legal services to an international lighting company before Beijing Fourth Intermediate People's Court for its application for revocation of an arbitral award
Provided legal services to a large chemical group in the retrial of a port warehousing contract dispute with a large port warehousing company before the Supreme People's Court
Provided legal services for a dispute between an investment company and relevant government department before Shunyi Primary People's Court over the confirmation of the invalidity of a contract and successfully facilitated the settlement between the investment company and the government department
Advised the investor on the debt restructuring and bankruptcy reorganization of a real estate company in Tieling
Acted as retainer-based legal counsel for an investment company, an industrial company, a real estate development company, an education technology company, etc.
Criminal Defense
Provided legal defense to the person in charge of a large foreign trade company who allegedly committed the crime of fraudulent foreign exchange purchase and illegal business operation
Provided legal services to a listed company in criminal cases involving illegal disclosure, non-disclosure of important information, and securities market manipulation
Provided legal services to the person in charge of a large enterprise suspected of bribing a Hong Kong listed bank
Provided legal services to a listed company in a criminal case involving contract fraud
Provided legal services in a criminal case to a company suspected of falsely issuing special value-added tax invoices worth over CNY 100 million
Provided legal services to a large enterprise in a criminal case for its alleged environmental pollution
Provided legal defense to the actual controller of a large real estate group in Henan for alleged loan fraud
Provided legal defense to a municipal party secretary in Hubei who faced allegations of acceptance of bribes, abuse of power, and selling state-owned assets at a low price, involving a financial value of more than CNY 100 million
Provided legal defense to a bureau-level deputy director of the National Development and Reform Commission for the client's alleged bribery
Provided legal defense to a leader of a public institution in a case involving corruption and bribery at an amount of more than CNY 20 million
Provided legal defense to an enterprise suspected of illegal mining, involving more than CNY 40 million
Provided legal defense to an official of the National Security Bureau who was on suspicion of homicide and organized prostitution
Provided legal defense to an employee of the People's Bank of China for alleged scamming
Provided legal services to a chain restaurant in a criminal case involving tax evasion
Provided legal services to a company in a criminal case involving a criminal organization
Criminal Prosecution
Provided criminal prosecution services to a company in a case of contract fraud and embezzlement involving more than CNY 600 million
Provided criminal prosecution services to a director of a listed company involving the defrauding of more than CNY 100 million
Provided criminal prosecution services to a large group company for the asset disposal at the later stages of investment projects and the suspected fraud of the recipient of financing
Provided criminal prosecution services concerning a cardholder's involvement in a credit card fraud amid a credit card civil dispute between a bank and a listed company
Criminal Compliance
Provided legal services to an executive of a listing candidate in response to allegations of bribery, successfully guiding the company through the criminal crisis
Provided legal services to an enterprise for the prevention and control of criminal risks in its multinational operation
Memberships & Affiliations
Vice President, Chongqing Chamber of Commerce (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
LL.M., Sichuan University
LL.B., The Southwest University of Political Science & Law -
Professional Experience
Zhong Lun Law Firm
King & Wood Law Firm -
Languages
Chinese