Mergers and Acquisitions
M&A is one of Xinshi’s core practice areas. The Department has a high degree of specialization and efficient team cooperation with rich experience in dealing with M&A legal affairs.
In the recent years, on behalf of many well-known domestic and foreign clients, Xinshi has dominated or participated in a series ofsignificantand complicated M&A cases, and the business covers fields including mining, real estate, infrastructure, finance, petrochemical, public utilities, hotels, food, irradiation, photovoltaic, plastic, engineering machinery, etc. Xinshi has handled more than 200 large and medium-sized M&A cases , and it is one of the most reputable law firms with many M&A cases successfully solved in Fujian Province.
Xinshi's practice experience in the field of M&A includes both domestic and international M&A transactions, and it has represented many influential cases such as: a series of M&A legal affairs involving exploitation, smelting, optoelectronic and other fields of tungsten and molybdenum ore carried out by Xiamen Tungsten for the purpose of creating a complete tungsten industrial chain, the acquisition of Datang Property by Fuxin Group (including more than 20 domestic and international real estate companies ), the acquisition of Nanjing Zhongshan South Roadand Xiamen Wuyuanwan Shopping Mall by Fuxin Group from international retail giant TESCO, the acquisition of Xiamen Strait International Community Projectand Chengdu Isle International Community Project by Teng Wangge Real Estate, the acquisition of Kazakhstan mining company (TOO) by a mining giant, the acquisition of WINCA magnesium group by international magnesium giant Timminco Canada, the acquisition of six trace Dustan jade mines by Yujia company, as the largest jade finished product manufacturer and seller in the country (via FortuneTrend Hong Kong, etc.
The Department consists of more than 30 lawyers with rich experience in M&A legal services, and provides professional, high quality and efficient M&A services to clients in a group manner. The department lawyers are well received for their deep understanding of the legal and regulatory environment, knowledge of tax and financial matters, with helping clients identify problems and propose solutions to them,and sucessfully reducing legal risks in M&A related transactions and making every effort to facilitate transactions.
Scope of Business
Xinshi's professional services in M&A and restructuring mainly include:
◇Consultation services on industry access policies;
◇Selection of the target company and demonstration of legal feasibility;
◇Conduct legal due diligence of the target company and issue legal due diligence reports;
◇Participate in the design or optimization of transaction structure;
◇Assist in the tax planning;
◇Advise on the authorization and approval for procedures required to be performed for the Transaction;
◇Draft and review transaction documents, including but not limited to equity acquisition agreement, capital and share increase agreement, asset acquisition agreement, spin-off agreement, merger agreement and other relevant transaction documents;
◇Draft and review the joint venture agreement, cooperation agreement, articles of association and other relevant operational documents of the Target Company (if necessary), with other investors (if any) after the closing of the Transaction;
◇Participate in negotiations;
◇Issuee written legal opinions in accordance with the requirements of clients or regulatory institutions;
◇Advice on matters regarding governmental approvals, registrations, filings and exemptions;
◇Assist with the closing matters and completion of govenmental legal procedures include governmental examinations, approvals, registrations and filings, and further track the performance of transaction documents.