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Yang Guangming

Senior Partner/Deputy Chairman of the Supervisory Board

yangguangming@deheng.com

Professional Experience：
 
Since being certified as a lawyer, Yang Guangming has focused on high-end and complex company’s commercial dispute litigation and arbitration. He has rich experience in fields such as corporate equity disputes, supply chain finance, Internet finance, letter of credit and letter of guarantee, preservation and enforcement, land cooperation and development. Mr. Yang Guangming has served a number of clients including but not limited to Hisense Group, China Merchants Bank, Bank of China, Fuying Finance, Shenzhen Internet Finance Association in many financial fields. He has successfully handled several cases involving disputes over disposal of non-performing assets, letter of credit guarantee, Internet finance recovery and performance compensation agreements of listed companies.
 
Some of the clients that Mr. Yang Guangming has served are China Merchants Bank, Bank of China, Shenzhen Internet Finance Association, Haier Group, Dangdang.com, Crentech, Fuying Finance, Cernet, Hisense Group, Capstone, Yahgee Modular House Co., Ltd., Jiannanchun, Shenzhen Coship Electronics Co., Ltd. to name a few.
 
Representative Cases：
 
● Represented a supply chain subsidiary of Hisense Group，as a party providing supply chain financial services in a guarantee contract dispute arising from a supply chain financial service agreement between with a trade limited company in Ningbo Bonded Zone. The counter party of the supply chain service agreement failed to make payment in time, and the guarantor has the intention to transfer its property. In such situations, Mr. Yang helped to file the case as soon as possible to preserve the property of the guarantor and forced the guarantor to make reconciliation and payment voluntarily.
 
● Represented a branch of Bank of China in the L/G dispute with a Co., Ltd., involving the subject matter amount of 14 million dollars. Under the circumstance that the other party's performance ability seriously decreased and the guarantee needed to be increased urgently, it only took three working days for the court to file the case and complete the non-local preservation. The preservation was completed quickly, creating favourable negotiation conditions for the client and so meeting the aims of the litigation.

● Represented Shenzhen Datong Industrial Co., Ltd. (a listed company at the SZSE) in the performance compensation agreement dispute with Cao and Li, involving nearly 700 million yuan. Property preservation before litigation as well as freezing of stocks of listed companies were completed within two days after accepting the entrustment, which timely prevented the defendant from further transferring assets.
 
● Represented Qu in the private loan dispute with Yuan. The other party was sued by many creditors at the same time, our party quickly took preservation measures, and it only took 3 working days from filing at court to complete the preservation. Our party became the first creditor of the other party’s main property. The trial of the first instance, service, execution was completed within less than one year, and our party successfully received compensation.
 
● Represented Yang in the dispute over corporate equity and land development projects transfer with a Shenzhen urban renewal group Co., Ltd. and its affiliated company, involving the subject matter amount of over 300 million yuan.
 
● Provided long-term legal counsel services to Shenzhen Internet Finance Association and participate in guiding and supervising the benign exit of several Internet finance information intermediary platforms in Shenzhen, and compiled books on special rectification of the Internet finance industry.
 
● Represented a Shenzhen Qianhai Financial Services Co., Ltd. in the lawsuit regarding the recourse of overdue repayment in the batch loan business. The case involves the network lending intermediary platform, as well as new financial legal issues in relation to the legal application of the loan business model in Internet financial background. Based on fully understanding the business model and objective facts and legal analysis and application, Mr. Yang put forward creative litigation ideas, which were approved by the court and client.
 
● Represented a branch of China Merchants Bank Co., Ltd. in series of financial loan contract disputes with a Shenzhen Electronics Co., Ltd., a Zhuhai Soft Circuit Co., Ltd., a Jiangsu Electronic Technology Co., Ltd., Xu and Wu. The total amount of subject matter was 28.5 million yuan.

● Represented Dangdang, as one of the providers of supply chain financial services, in the case of unjust enrichment dispute with Chen and a Shenzhen Technology Co., Ltd. Won the lawsuit and recovered the losses for the goods procured on a commission basis, which were maliciously embezzled by the other party.

● Represented a subsidiary of Cernet in the dispute over sales contracts with a subsidiary of Kuajingtong (a listed company). Under the disadvantageous circumstance that the key evidence couldn’t be obtained, Mr. Yang successfully obtained the judge's recognition by reasonably organizing the existing evidence to demonstrate the real transaction mode between the parties and urged the judge to approve the obtaining of key evidence. The case is now under trial.

● Represented a Shenzhen Photoelectric Co., Ltd., as the plaintiff, in the product quality liability litigation. Claimed to the supplier for product quality damage due to the quality problem of the product and responded to the payment litigation by the other party. The final court confirmed that the products provided by the other party had quality problems and ruled that the other party shall pay our party high compensation. It was also unnecessary to make payment for the products unpaid due to quality problems.

● Represented a Shenzhen Technology Co. Ltd. as the plaintiff, in the product quality liability litigation. Claimed to the supplier for product quality damage due to the quality problem of the product. Under the circumstance that the court took a cautious attitude towards the application for product quality appraisal, Mr. Yang finally proved the existence of quality problems by organizing evidences and successfully applied for entrusted judicial appraisal to identify the existence of quality defects of goods, which won support from the court for our high claim.

● Represented Deng in the lawsuit regarding execution objection with a Bank (China) Co., Ltd. Shenzhen Branch. Going through three levels of courts and three trials (the first instance fully supported our party to exclude enforcement and affirming the rights; the second instance rejected; then application for retrial and arraignment to Guangdong Higher People’s Court), successfully obtained the Court's support for our exclusion of execution of the lawsuit and protected the legitimate rights and interests of our party.

● Represented Zhang in the entrustment contract dispute with Huang. After first instance, second instance, application for retrial to Guangdong Higher People’s Court and directing Shenzhen Intermediate People’s Court for retrial, the case received fully supportive final judgement after going through multiple courts and multiple trials. 
 
Publications：
 
● “Legal Analysis on Fraud Risk Prevention and Relief of Domestic L/C”
● “Five Situations in Which A Bank Loses its Case in A Credit Dispute”
● “How to Successfully Apply for a L/C Stop-Payment Order”
● “Prevention and Coping Strategy of Product Quality Dispute”
● “Lawyer’s Manual on Benign Exit of P2P”
● “Analysis on the Legal Validity of Valuation Adjustment Mechanism”
● “Interpretation of Foreign Investment Law”
● “Prevention and Control of the Legal Risks of False Financing Trade in Supply Chain Finance”
● “Identification and Prevention of Soft Terms of Letters of Credit”
● “Five Influences of Supreme People’s Court Meeting Minutes on Supply Chain Finance”
● “Study on Legal Problems of Performance VAM Terms in M&A and Reorganizations of Listed Companies — Taking Acceleration of VAM Conditions of Accounts Receivable as an Example”
● “Legal Thinking Triggered by ‘The First Murder of a Unmanned Car -- Made by Tesla‘ Prevention and Control of Legal Risks of False Financing Trade in Supply Chain Finance
 
Social Activities：
 
● Guangdong Lawyers Association: Member of the Information Network and High-tech Committee
● Shenzhen Lawyers Association: Member of the Financial Committee and the Legal Profession Community
● Deputy Secretary General of the 3rd Council of Zhongnan University of Economics and Law Alumni Association in Shenzhen
● Arbitrator of Beihai Court of International Arbitration
 
Honors & Awards
 
● Best Executive Director of DHH
● Excellent Litigator of the Year of Beijing DHH (Shenzhen) Law Firm
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