With China's accession to the WTO, the way China's financial industry handles non-performing assets is becoming increasingly diverse. Winteam500 law group fully absorbs international experience and closely integrates with China's actual conditions. Through the strengthening of cooperation with professionals and intermediary organizations at home and abroad, comprehensive utilization of methods such as sale, replacement, lease, asset restructuring, debt-to-equity swap, and asset securitization The Bank disposes of loans and collaterals to provide clients with services such as management consulting, mergers and acquisitions, division and reorganization, and packaging and listing.
The legal services lawyers' team for the disposal of non-performing assets of Winteam500 law group strictly abides by the laws and regulations of the Banking Supervision and Administration Law of the People's Republic of China, the Law of the People's Republic of China on Commercial Banks, and the Regulations of the Financial Assets Management Companies, adhering to the principle of “honesty, The professional, efficient and responsible service concept has successfully provided comprehensive legal services for corporate governance in multinational corporations, state-owned enterprises, other state-owned enterprises, listed companies, private enterprises, family businesses, and government departments. It has won wide recognition and word of mouth in the industry.
Lawyers provide legal services for the sale and disposal of non-performing assets of financial asset management companies:
When a financial asset management company receives a non-performing loan from a bank, whether the original creditor’s bank notified the debtor in accordance with the law, that is, whether the transfer of the creditor’s rights is legal and effective;
Whether the main debt is within the limitation period, that is, the validity of the main debt;
The effectiveness of the guarantee is to analyze the effectiveness of the guarantee involved, and if the guarantee method is guaranteed, it shall also make judgments on the guarantee period and determine if there is a problem with the guarantor's limitation of action;
If the claim has already been litigated or entered into the execution process, the progress should be judged, and it is clear whether there is any possibility that the creditor's rights may still have recourse in the law.
Lawyers are commissioned by potential bidders to perform due diligence on packaged and sold non-performing assets and provide legal services:
Go to the industrial and commercial administration company to inquire the debtor’s business archives to understand whether its business condition is normal, and whether it is still regularly participating in the annual inspection to determine whether it still has the qualification of the debtor;
According to the property clues of the debtor shown in the materials disclosed by the business archives and financial asset management company to the purchaser, the property management department, the land management department, and the vehicle management department verify the property status to see whether the mortgage is set or not. Seized by the court, whether it is possible to implement;
To understand the debtor’s business situation at the scene of the debtor’s business site, and to have an intuitive understanding of the debtor’s operating conditions;
Other possible ways to understand the debtor’s assets;
According to the investigation and understanding, a written legal opinion shall be issued to the prospective purchaser;
The accounting firm was commissioned to evaluate the value of non-performing assets and determine the final purchase price.