Commerce & Finance Law Offices

Banking and Finance Insolvency and Restructuring Litigation Arbitration

Partner

From December 2004 to August 2017, acted as a full-time lawyer and partner in Zhejiang Qianjiangchao Law Firm ;

From September 2017 to September 2021, acted as a managing partner of East & Concord Partners Hangzhou Branch;

Since September 2021, act as a partner of Commerce & Finance (Hangzhou) Law Offices.

Graduated from Wuhan University in 2003 with a bachelor’s degree in law.

Mr. Xiangyu CHEN acts as a perennial legal advisor and/or project consultant for banks, listed companies and state-owned enterprises such as Head Office of HengFeng Bank , Head Office of China Zheshang Bank, Bank of China Zhejiang Branch, China Development Bank Zhejiang Branch , Bank of Beijing Hangzhou Branch , Ping An Bank Hangzhou Branch, China Bohai Bank Hangzhou Branch , Zhejiang Financial Assets Exchange , ZSAMC , Hangzhou Finance and Investment Group , Zhejiang Guarantee Group , Xilinmen Furniture Co., Ltd. , Hangxiao Steel Structure Co., Ltd., Zuoli Holdings Group , and Huiyinbi Group . Accordingly, he has rich and extensive experience in the fields of banking and finance, disposal of bad debts, corporate investment and financing, litigation, and arbitration etc.; moreover, he has handled hundreds of litigation and arbitration cases, among which there are many difficult and complicated cases.

Banking and Finance

Serves as a perennial legal advisor for banks such as HengFeng Bank and China Zheshang Bank to provide special legal services.

Civil and Commercial Litigation

Represented a bank in the case with Zhejiang Fuqi Sports Equipment Manufacturing Co., Ltd. for realizing its security interests, which had been pending for a long time due to the difficulties in handing it. After taking over the case, Mr. CHEN effectively promoted the enforcement proceeding and thereby made the bank quickly have more than CNY100 million recovered. In the end, the case was closed with all amounts fully enforced. Represented a bank in the case with a company in Hangzhou regarding the enforcement of a financial loan. Due to the low evaluation price, the evaluation price affected the final closing price of the auction thereof. After taking over the case, Mr. CHEN promoted the re-evaluation of the collateral concerned, and eventually managed to have the loan covered by value of the collateral, thereby helping the bank recovering more than CNY20 million in losses. Represented a bank in the case regarding the dispute over a guarantee contract with HUANG, which was tried at the Higher People’s Court of Zhejiang Province . As the official seal was stamped at the place where it is written “In case of failure to replay the funds that have become due, the Bank shall be liable for repayment”, dispute arose regarding whether the bank shall be held liable for the guarantee made. With the efforts made, Mr. CHEN succeeded in making the bank exempted from the liabilities as a guarantor. Represented a bank in the case regarding the dispute over a debt transfer contract with LIU, which was tried at the Higher People’s Court of Zhejiang Province and in which dispute arose regarding whether the bank shall be held liable as a guarantor. With the efforts made, Mr. CHEN succeeded in making the bank exempted from the liability for compensation. Represented a bank in the case regarding the supervision over a civil lawsuit with a company, which was accepted by municipal procuratorate of Hangzhou. With the efforts made, Mr. CHEN succeeded in having the creditor’s rights of the bank safeguarded and protected.

Disposal of Bad Debts

Disposed non-performing debts for banks such as HengFeng Bank, China Zheshang Bank and Bank of China, which amount to tens of billions of yuan. Social Activities

Legislative Activities:

Participated in and proposed the following: “Recommendations on Establishing Differentiated Tax Collection and Management Policies for Law Firms and Promoting the Healthy Development of the Lawyer Industry”; “Recommendations on Strengthening Local Legislative Innovation in Hangzhou in the Era of Digital Transformation”; and the “Recommendations on Promoting Local Legislations for Protecting Local Citizens’ Personal Data Protection in Hangzhou”;

Articles Published:

“Does the Termination of Design Patent Rights Affect Copyrights to Patterns?” (China Intellectual Property News, 2018).

Hornor

Member of the Legislative Expert Pool for Zhejiang Provincial People’s Congress ; member of the Industry Integrity Supervision Committee of Lawyers Association of Zhejiang ; expert in the Financial Expert Talent Pool of Zhejiang Province; deputy to the Hangzhou Municipal People’s Congress ; arbitrator of Hangzhou Arbitration Commission; Hangzhou Judicial Standardization Supervisor ; expert member of the “Tongxin Think Tank”  for the municipal government of Hangzhou; standing director of Hangzhou Lawyers Association ; and deputy director of the Industry Development Strategy Committee of Hangzhou Lawyers Association . In 2017, Mr. CHEN was rated as one of the “Top Ten Lawyer Pioneers" by the Hangzhou Politics and Law Committee  and the Hangzhou Bureau of Justice and other four institutions; in 2019, he was awarded as an “2014-2018 Excellent Lawyer in Zhejiang” by the Lawyers Association of Zhejiang.