Yan Daocheng

lawyandaocheng@163.com

13822117289,13322809161

Yan Daocheng

Construction engineering | securities | finance | real estate | liquidation and bankruptcy | Legal counsel | disposal of non-performing assets

Educational background

He graduated from Guangdong Television University, majoring in economics and finance

Work experience

In 1987, he was hired as a responsible lecturer of the tertiary course of Economic Law and began to engage in legal work
From 1982 to 1994, he worked at the People's Bank of China and the Industrial and Commercial Bank of China
In 1993, he worked as a part-time lawyer in Chaozhou Foreign Economic Law Firm
Since 1994, he has been a full-time lawyer and deputy director of Guangdong Securities Law Firm
He has been a partner in Guangzhou Foreign Economic Law Firm since 1997
He has been a partner of Guangdong Legal Shengbang Law Firm since April 2002

Key performance

Lawyer Yan Daocheng, one of the start-up partners of Guangdong Legal Shengbang Law Firm, Senior lawyer, National securities lawyer, bank economist, arbitrator, Member of China Law Society, Member of Rural Revitalization and Village (community) Legal Counsel Working Committee of Guangdong Province Lawyers Association, member of Appeals Retrial Professional Committee, director of Guangzhou Litigation Law Research Institute, member of Enforcement and Non-performing Assets Disposal Committee of Guangzhou Lawyers Association; He was a member of the Civil Law Professional Committee of Guangdong Province Lawyers Association. Fields of practice: Financial securities, real estate engineering, disposal of non-performing assets, liquidation and bankruptcy and enforcement.

Mr. Yan is an expert in both law and finance. He majored in finance and worked in the People's Bank of China and the Industrial and Commercial Bank of China for 16 years, during which he also served as a responsible teacher of the TV University course "Economic Law", a lecturer of the Party school's "International Finance" and the banking class "Financial Law", and a training teacher with intermediate economic titles. Since 1994, he has been engaged in legal practice full-time, and has nearly 30 years of senior experience as a lawyer.

Main achievements:

In terms of corporate asset restructuring and securities listing: From 1994 to Guangdong Securities Law Firm as A full-time lawyer (elected as deputy director in 1996), Mr. Yan organized and participated in the planning and legal affairs of more than 20 enterprises' initial public offering of A-shares in China's securities market, issued legal opinions and successfully listed the A-shares. The firm became the first nine main A-share listed companies in the province after the "Company Law" standardized listing, and seven of the legal business was independently completed by the firm's best performance, and respectively served as its legal adviser; Issued a legal opinion of 75 million yuan of stock pledge of "Guangzhou Hengyun" to the provincial Finance Department; In addition, he has served as the legal counsel for an enterprise in the province for more than ten years. During this period, Mr. Yan worked in Guangzhou Foreign Economic Law Firm until April 2002 and now Guangdong Legal Shengbang Law Firm, helping the enterprise to set up a joint-stock company. From the registered capital of 4.1 million yuan through capital expansion, it developed to one of the top 100 enterprises in Guangdong Province with net assets of more than 1 billion yuan at that time, and entered the coaching period of listed companies, and has become the main shareholder of listed large companies.

In terms of corporate legal counsel: served as Guangdong Provincial Party Committee, provincial government administrative departments, financial and securities companies, fund companies, shipping, enterprise groups, construction and real estate development of large and medium-sized enterprises, listed companies dozens of legal counsel, and Hong Kong companies, etc., have been praised.

In terms of asset disposal and debt recovery: Since the establishment of the four national asset management companies Huarong, Great Wall, Dongfang and Cinda in 1999, Mr. Yan has accepted commissions and successfully recovered and disposed of billions of yuan of debt for the four asset management companies, and also made some bad debt enterprises alive.

In terms of arbitration and lawyers' litigation business: acted for hundreds of arbitration and litigation cases, typical of which was a case of liquidation dispute of a Sino-foreign cooperative enterprise. In the arbitration of the South China International Trade Arbitration Commission on behalf of the Chinese side, I won by defending the other side's five agent lawyers and professors; Also acted for the defendant's state-owned enterprises in two loan cases, persuaded the enterprise to take the initiative to lead to a real estate case of nearly 100 million yuan, thus achieving three cases of successful litigation performance; There are also two real estate litigation cases that have gone through twists and turns in seven years and seven trials; In 2021, the retrial of the appeal of "not handing over the Jiji law to purchase the house", which was discussed by the legal circle in the early stage and independently represented by lawyer Yan Daocheng, was returned to the court of first instance for retrial with the support of the Guangdong Provincial High People's Court, and then won the final appeal completely by the Trial Committee of the Guangzhou Intermediate People's Court. The parties gave a very high evaluation of "professional and wise", and the director of the complaint and retrial Professional Committee of Guangdong Province Lawyers Association also gave high praise.

Main treatise

At the time of the introduction of the Contract Law, Mr. Yan wrote a law paper on the Exploration of the Priority of the Contract Law. At the invitation of the All China Lawyers Association, he gave a speech at the Annual meeting of the All China Lawyers Association held in Beijing in 2000 and answered questions from Chinese and foreign scholars. Participated in the 2nd International Seminar on "Codification of Roman Law and Chinese Law and Civil Law" hosted by China University of Political Science and Law in Beijing on October 5, 1999; He edited a book of more than 300,000 words entitled "Practice Guide of Contracting, Construction Contract and Transportation Contract", and published more than a dozen legal articles such as "Two real estate lawsuits of seven years and seven Trials", "On the Perfection of the Right of Enterprise Name in Legislation", "Exploration of the priority of Construction Funds", "Difficulty in Interpreting and Implementing from a Typical Case" in legal journals above the provincial level. Some are adopted by the Law Publishing House "Contemporary Excellent Lawyers" and Yan Shi Publishing House, etc., and are introduced in the "China Construction and Real Estate Professional Lawyers" and "2020 China Law Yearbook".

Honorary award

Won the 2000 Lawyer Business Research Achievement Award of Guangzhou Lawyers Association, the 2020 Guangzhou Lawyers Association Theoretical Achievement Award Encouragement Award, the Professional Committee member Excellence Award, the 2021 Business Achievement Award of Guangzhou Lawyers Association, and won the first "Legal Shengbang" innovative legal service product Award in 2023.

Social function

Director of Guangdong Hipster Overseas Association, member of Legal Advisory Committee of Guangdong Hipster Overseas Association;
Expert Legal Advisor of Guangdong Emergency Industry Association;
Arbitrator of Arbitration Commission of Yiyang City, Hunan Province, editorial board of Contemporary Outstanding Lawyers, etc.