Profile

Profile

Lawyer Harvey YAN, known as Yan Penghe in Chinese, is a Senior Partner at the Beijing headquarters of Zhong Yin Law Firm. He holds a Master’s degree in Law from Peking University’s Law School, and is an alumnus of the prestigious Global Leadership Executive (GLBE) Program at Peking University. He further expanded his international perspectives by completing M&A and Economics courses at both the London School of Economics (LSE) and Imperial College.

Yan is an esteemed member of the M&A Expert Committee at the China Mergers and Acquisitions Association (CMAA), the Expert Committee at the China Chamber of International Commerce (CCOIC), and the Legal Rights Lawyers Group under the All-China Federation of Industry and Commerce. In 2022, Yan was honored as one of the “Top Ten Leading Figures” for his brand influence and was awarded the “Excellence in Management Influence Person of the Year” by Legal News Society. The 17th M&A Annual Meeting of the All-China Federation of Industry and Commerce (CMAA) awarded Yan the title of “Best M&A Lawyer”.

Beyond his law firm roles, Yan holds various academic, business, and legal positions including Master’s Practice Tutor at Renmin University School of Law, Member of the M&A Professional Training and Certification Center, Founding Member of the Swiss Chinese Law Association, Committee Member of the Beijing Lawyers Association Foreign Affairs Committee, Independent Director of listed companies, Arbitrator at Beihai Court of International Arbitration, Mediator at Beijing Multidimensional Mediation Development Promotion Association, and Director at the Beijing Shandong Enterprise Business Association.

Moreover, Yan holds professional qualifications as a Senior M&A Transaction Specialist and an Electronic Information Engineer. He has been invited to be a member of the Expert Group on the State-owned Assets Supervision and Administration Commission’s (SASAC) project – “Compliance Management System Construction” and an expert review member of many central enterprises’ overseas investment and M&A projects.

Yan’s clientele mainly includes China Life Insurance (601628), CITIC Group, China Nuclear Engineering Corporation, China Energy Construction, CITIC Construction Investment (601066), China Communications Construction Group (A+H), China Chengtong Group, China New Housing Group, China Railway Construction Group, National Energy Group, China Chemical Group, China Construction Bank Investment, China Supply and Marketing Group, Capital Airport Group, Gezhouba Group, Fujian Big Data Group, Star Brand Group, Ucommune (American SPAC), Three Gorges Hydropower (600116), People’s Network (603000), Ruimaotong (600180), Feitian Yundong (HK6610), ST Shida (600734), China-Eurasia Economic Cooperation Fund, National Development Bank, Xuji Group, China West Electric, China Plant Group, Tianyin Holdings, China Aviation Equipment, Beijing Xinfadi, Taini Group, Chongqing International New Materials, Hebei Yichen Industrial and other large state-owned enterprises, multinational corporations, and domestic and overseas listed companies. He has been instrumental in their growth and success, providing expert legal advice and representation.

Leveraging his exceptional legal expertise and depth of knowledge in the China market, Lawyer Harvey Yan advises Chinese and overseas clients on a full range of domestic and cross-border transactions, providing comprehensive legal services.

-Recent M&A and restructuring projects Yan has participated in include:

• Representing a Jiangxi high-tech enterprise in acquiring control of a Shenzhen Stock Exchange listed company (in the property management industry).
• Acting on behalf of Fujian Big Data Co., Ltd. as a bankruptcy reorganization industry investor investing in A-share listed company *ST Real Reach [600734] and obtaining control.
• Representing a Hong Kong listed company to complete the VIE structure reorganization after listing.
• Representing an entity to acquire a listed company with property management as its main business.
• Participating in the bankruptcy reorganization project of a listed company and acquiring the controlling stake in an ST listed company on behalf of a state-owned platform of a province.
• Involvement in the significant asset reorganization cases of Three Gorges Hydropower (600116) and Rongke Technology (300290), and the acquisition of a controlling stake in an A-share listed company, among others.

-In terms of domestic and foreign IPO projects, Yan’s involvement includes:

• Serving as legal counsel for the issuance and listing of A-shares for a military-civilian integration high-tech enterprise.
• Acting as legal counsel for the IPO of a Shenzhen intelligent industry company.
• Participating in the NYSE listing and series of mergers and acquisitions before listing for a Chinese-American joint venture enterprise.
• Acting as legal counsel for the sponsor and lead underwriter in the GEM listing of Chongqing International Composite Materials Co., Ltd. and Wing Morning Industry [01596.HK].
• Assisting a Hong Kong listed industrial group in the initial issuance of RMB common shares (A shares) and listing (H + A).
• Acting as special legal counsel for the Hong Kong main board listing project of a leading enterprise in the Metaverse field, representing dozens of enterprises in the public transfer and private placement of New Third Board shares (some are being coached to list on the Beijing Stock Exchange), and more.

-Recent cross-border M&A projects Yan has participated in include:

• Representing a central enterprise in due diligence for the acquisition of shares in a Hong Kong listed insurance group.
• Participating in the Gezhouba Group’s $4 billion investment project in Clark New City Industrial Park in the Philippines.
• Involvement in a state-owned company’s EPC project and equity acquisition in Bangladesh.
• Assisting a group company under Singapore’s Temasek Holdings to acquire a series of power plant projects in China.
• Representing a listed company in a series of investment projects in Asia, Africa, and Latin America.
• Involvement in the infrastructure investment project in neighboring countries by the China Development Bank.
• Providing legal services for the capital increase project of AVIC Equipment Hong Kong Company.
• Assisting a private group in investing in and acquiring a Hong Kong listed company in the solar energy field (bulk trading).
• Representing an insurance company group’s trust investment in a listed company’s Kazakhstan oil and gas asset project.
• Providing legal services for Apple’s iTunes and iBooks related projects.
• Participating in the CICC overseas equity cooperation project of the State Council Information Office.
• Assisting Chinese enterprises in acquiring the technology of rotary-wing aircraft manufacturing.
• Involved in a multinational fund settlement project for a Panama company.
• Assisting in due diligence for domestic US-listed companies.
• Working on due diligence on credit and legal procedures for mainland entities involved with a large Hong Kong financial institution.
• Assisting a foreign enterprise group in a series of restructuring projects before listing on the New York Stock Exchange.
• Participating in a series of overseas investment projects of a local state-owned listed company (transaction structure, transaction plan, transaction compliance, risk control, and transaction landing).
• Working on a head enterprise’s delisting transaction and a series of debt restructuring projects after delisting from the Hong Kong Stock Exchange.

-Recent state-owned and central enterprise investment and M&A projects Yan has participated in include:

• Representing a state-owned big data industry company in acquiring big data operation-related assets.
• Acting on behalf of China Communications Construction (stock code: 601800) in a listed transfer on the Beijing Property Exchange, ultimately won by a subsidiary of CIMC (stock code: 000039).
• Participating in the China Life Insurance’s fund investment in Longxi Hot Spring Hotel and subsequent operations.
• Assisting Shandong Express Credit Industry Health Care Equity Investment Co., Ltd. to invest in a real estate project.
• Representing China Supply and Marketing Group in the acquisition of billions of grain storage assets such as China Aviation Grain Trade.
• Providing legal services for China Supply and Marketing Hui Nong’s acquisition of Shaanxi Supply and Marketing Enterprise Group’s equity.
• Providing legal services for a subsidiary company of China Commerce Group’s acquisition of a cultural park project and debt-to-equity conversion.
• Providing specialized legal services for due diligence in the M&A investment of a central enterprise’s cultural tourism industry.
• Representing a Fujian state-owned enterprise in the acquisition of assets of a Henan fluorine industry company.
• Providing legal services for Oriental Asset Management Co., Ltd. for the acquisition of bad assets.

-Recent non-listed company acquisition projects Yan has participated in include:

• Representing a local state-owned enterprise in a series of acquisitions of big data-related assets.
• Representing several multinational enterprises’ FDI investment in mainland China and the acquisition of equity and assets of Chinese companies (related to the restructuring of the international supply chain).
• Providing legal consultation for Beijing Nabler Data Technology Company’s asset acquisition project.
• Participated in the acquisition of multiple data center assets.
• Represented a company under ZKteco in acquiring a five-star hotel in Chongqing and related assets.
• Participated in a series of M&A cases before the listing of a unicorn company.
• Represented a holding limited company in investing in and acquiring a Taiwanese company’s equity project.
• Participated in a sports company’s overseas equity investment project.
• Assisted a Taiwanese enterprise in a series of investment and M&A cases in mainland China.

-Recent domestic and international dispute resolution cases Yan has participated in include:

• Representing an investment entity in a lawsuit against Kaidi Ecology (000939) and related entities for securities false statement disputes.
• English appearance as a representative in the international arbitration case between Singapore’s CCS and South Korea’s LG, and won the case.
• Representing a Shenzhen listed company in a dispute over mergers and acquisitions and control battles (involving civil litigation, administrative penalties, and criminal proceedings).
• Representing a leading enterprise in the big data application field to initiate a company control battle on behalf of some shareholders and achieving ultimate victory.
• Representing a US-listed company in handling its arbitration and international litigation cases with overseas shareholders related to investment disputes (involving ODI/VIE and pre-listing gambling disputes).
• Representing a listed company in a joint venture cooperation dispute and infringement of the company’s shareholder rights dispute.
• Acting on behalf of one of the largest bulk goods import and export companies in China for a series of international trade disputes and maritime cases for over a decade.
• Handling offshore liquidation and execution of BVI court judgments in domestic courts.
• Representing a Chinese company in Qingdao in applying for the enforcement of a judgment in a Greek court.
• Participating in a series of overseas merchant account collection projects for Chinese enterprises.
• Representing an Afghan enterprise in an international trade arbitration case with a Chinese enterprise.
• Representing a well-known investment group in various difficult dispute resolution.
• Involved multiple times in handling a famous investment dispute case in Australia and provided Chinese legal opinion.
• Represented a Malaysian fintech giant in resolving an investment dispute with a company in mainland China.
• Representing a Chinese boss in dealing with cross-border inheritance and property disputes over land and property in Malaysia.
• Participated in Singapore international arbitration dispute cases, provided Chinese legal opinion, and served as an expert witness.
• Assisted Cayman lawyers in participating in online court sessions in Cayman courts and serving as an agent.

-Recent bankruptcy restructuring and debt restructuring projects Yan has participated in include:

• Providing comprehensive legal services such as equity and debt restructuring, subsidiary bankruptcy liquidation, state-owned transaction and operation, asset restructuring, custody, and trustee disposal for the central enterprise China New Housing.
• Representing a listed company as a creditor to participate in the bankruptcy restructuring project of Walton (Group).
• Participating in the equity and debt restructuring project of multiple real estate projects in a city, jointly participated by a central enterprise group + local state-owned real estate enterprise.
• Acted as the administrator of the bankruptcy reorganization project of Shandong Hongye Chemical Group.
• Served as the leader of the liquidation team of China Great Wall Mineral Investment Co., Ltd.
• Involved in the compulsory liquidation project of Beijing Lantong Electronic Technology Co., Ltd.
• Acted as the temporary administrator of the pre-reorganization of Shandong Baisheng Biotechnology Co., Ltd.
• Provided special legal advisory services for the pre-restructuring of Henan Difuxiang Industry Co., Ltd.
• Involved in the compulsory liquidation service of Beijing Yifeng Building Co., Ltd. (involving Hong Kong shareholders).
• Representing a state-owned industrial investment enterprise to participate in the bankruptcy pre-restructuring and restructuring project of a listed company.

ABOUT ZHONG YIN LAW FIRM

Zhong Yin Law Firm, established in 1993, is a pioneering and esteemed legal service provider in China, offering an extensive range of services, including corporate, contract, dispute resolution, outbound investment, and international business. With a robust network spread across 35 mainland cities and partnerships with Hong Kong and Macao law firms, we have cultivated a global presence to meet our clients’ needs wherever they are.

Our team comprises over 3,200 dedicated professionals, including approximately 600 partners and 2,300 lawyers, equipped to offer advice in English, French, Japanese, Korean, German, and other languages, thereby ensuring our clients’ receive effective and comprehensive legal assistance on a global scale.

We are not just legal advisors; we strive to be trusted partners, working diligently and efficiently to cater to our clients’ needs while promoting business cooperation. We maintain strong relationships with government sectors, including the People’s Bank of China and other major regulatory commissions, facilitating excellent business relations and communication channels with various judicial departments and arbitration institutions both domestically and internationally.

At Zhong Yin Law Firm, our mission is to lead the way in all practice areas, guided by our principles of customer orientation, professional cooperation, diligence, and a commitment to excellence. We are recognized as a leading standardized, professional, large-scale, international, and comprehensive law firm, committed to delivering high-quality legal services across borders and industries.