9月5日，2019 ALB深圳企业法律顾问峰会在深圳柏悦酒店圆满举办。本次峰会汇聚了百余位来自深圳及周边地区不同行业的企业法律顾问、商界精英与业界专家。十余位演讲嘉宾针对科创板、金融监管与司法裁判的互动、私募基金监管、反垄断机构改革后的执法、企业经营风险防范、上市公司并购重组、粤港澳大湾区下的金融投资之机遇与挑战等话题等诸多热点问题进行了深度分享与热烈讨论。
早上9点，大会主席华润资本管理有限公司法律合规部助理总经理、董事彭娟女士向参会嘉宾致开幕辞，大会正式开始。
深圳国际仲裁院（又名华南国际经济贸易仲裁委员会、深圳仲裁委员会，英文简称SCIA）是本次ALB深圳企业法律顾问峰会的特别支持机构，安欣副院长代表深圳国际仲裁院向参会嘉宾进行了欢迎致辞，并向大家介绍了深圳特区仲裁的创新发展及大湾区企业法务在企业争议解决中应扮演的角色和作用。
君合律师事务所合伙人黄晓莉律师和合伙人张慧丽律师以“科创板开板 外资如何谋定而动”为主题开启了本次峰会的第一个演讲环节，二位律师的演讲涉及科创板有哪些突破、适合哪些企业的介绍和解读， 科创板对外资意义的启示，以及科创板外资所涉典型案例的深度分析。
随后，万商天勤律师事务所合伙人陈彤律师和合伙人张东律师分别就“金融监管与司法裁判的互动——以合同效力判定为视角”和“私募基金监管新动向”向现场观众进行了精彩分享。陈彤律师从合同效力问题是基础性的合同风险谈起， 继而深度解读了金融监管对于合同效力的影响和司法裁判对于金融监管的态度。张东律师则从市场准入数据与监管处罚两方面进行监管数据剖析，并向大家介绍了私募基金监管框架及最新动向，最后，就私募基金合规红线进行重新梳理。
在下午的议程中，安杰律师事务所主任合伙人詹昊律师和合伙人宋迎律师聚焦“反垄断机构改革后的执法新趋势、新规定、新对策 ”，从实务角度向参会嘉宾分享了机构改革后反垄断调查的企业应对之策，并基于最新的反垄断案例分析和新规梳理，在反垄断执法的新趋势方面提出了精彩见解。
国浩律师事务所合伙人杨征宇律师围绕“企业经营风险防范 ”这一主题，分别从股东有限责任及例外， 合同风险防范，公司治理风险，担保及惩戒风险和破产重整五方面，以法律规定和实务经验多维度进行了阐述。
锦天城律师事务所高级合伙人王立律师就“上市公司并购重组最新动态解读”进行了精彩演讲，王立律师从上市公司并购重组最新数据分析切入，继而进行了上市公司并购重组最新政策解读，并就上市公司并购重组热点问题进行了深度剖析。
精彩的主题演讲过后，进入到本次峰会颇受瞩目的最后一个环节—专家话题讨论环节。话题讨论环节由锦天城律师事务所高级合伙人王安成律师主持，讨论嘉宾为：华润置地有限公司助理总裁、总法律顾问刘中先生和中信证券股份有限公司投资银行管理委员会基础设施与房地产行业组执行总经理、联席负责人王继东先生。围绕着粤港澳大湾区下的金融投资之机遇与挑战：如何实现最大化投资回报与风险管控这一话题，三位实务专家结合实际案例与自身经验分享了精彩的见解。关于粤港澳大湾区的投资机会，刘中先生提到房地产行业仍旧会保持一定的增长空间，同时投资方式会有所转变。从行业集中度来看，目前房地产行业是从增量市场到存量市场的转变，从投资角度，以房地产作为底层资产的房地产投资信托基金这个新的金融产品值得关注，有待进一步落地实施。王继东先生从金融市场的角度分享了大湾区的投资机会，他提到关于资金如何投入到相应资产中，目前有关方正在厘清渠道，明确资金流向和定向监管；同时，他提出相应的规则制度确定后，形成一个充分的市场，这对投资来言是最大的机遇。谈到大湾区金融投资的挑战，王继东先生提到外资的进入，外资通过资本项下账户进入国内，或对中国资本市场定价产生冲击和影响。王安成律师认为新金融形势下，企业开展跨境业务主要风险包括政策风险、市场风险、管理风险、经营风险和技术风险等，对此，他提出以下风险应对建议：及时把握新形势下的法律法规及政策，准确分析和适应市场，强化跨文化管理，注重经营战略调整与改进，以及留住人才并强化创新。三位专家结合时下最新热点的实务讨论，再次将会场气氛推向高潮。
本次峰会智慧观点精彩纷呈，现场观众掌声如潮，演讲者和参会嘉宾基于对行业的深度观察，就当下前沿和热点的法律问题进行了专业的分享和讨论，峰会在热烈的氛围中取得圆满成功，受到与会嘉宾们的广泛好评。ALB作为大会组织者，真诚感谢各位嘉宾的莅临，期待下次峰会与您们再次相约。
ALB Shenzhen In-house Legal Summit 2019 concluded successfully
ALB Shenzhen In-house Legal Summit was successfully held on September 5, 2019, at Park Hyatt Shenzhen. The Summit brought together over 100 in-house counsels, business elites and industry experts from different industries in Shenzhen and surrounding areas, and more than a dozen speakers shared in-depth observations and had active discussions on topics such as STAR Market, interaction between financial regulation and judicial adjudication, private fund regulation, law enforcement after the antitrust institutional reform, business risk and prevention, M&A and restructuring of listed companies, and financial investment opportunities and challenges in the context of the Greater Bay Area initiative.
The Summit officially started at 9:00 in the morning. The chairperson of the Summit, Ms. Peng Juan, Assistant General Manager of Legal Compliance Department and Director of China Resources Capital Management Limited gave the welcoming remarks.
Shenzhen Court of International Arbitration (also known as Shenzhen International Economic and Trade Arbitration Commission) (SCIA) is the special supporting organization of the Summit. Ms. An Xin, Vice President of SCIA, made the opening speech, and briefed the audience on the innovation and development of the arbitration work in Shenzhen Special Zone, as well as the roles and functions of in-house counsels of enterprises in the Greater Bay Area in corporate dispute resolution.
The Summit kicked off the first presentation session with a presentation delivered by Ms. Huang Xiaoli and Ms. Zhang Huili. They both are partners at JunHe LLP. Their presentation, entitled "With STAR Market Rising, How Can Foreign Capital Catch the Tide?" elaborated the topic from four aspects: (1) What are the breakthroughs of the STAR Market? (2) What companies are suitable for the STAR Market? (3) What is the significance of the STAR Market to foreign capital? and (4) Typical cases of foreign capital in the STAR Market.
Ms. Huang and Ms. Zhang were followed by two partners at V&T Law Firm, Mr. Chen Tong and Mr. Zhang Dong. They gave presentations separately, sharing with the audience on topics "Interaction Between Financial Regulation and Judicial Adjudication-From the Perspective of Determination of Contract Validity" and "New Trend of Private Fund Regulation." In his presentation, Mr. Chen started with the idea that the validity of contracts is the foundational risk, then share in-depth views on the influence of financial regulation on the validity of contracts and the attitude of judicial adjudication towards financial regulation. Mr. Zhang analyzed the regulatory data from the aspects of market access data and regulatory penalties, and then briefed the regulatory framework and latest trends of private funds. And finally, he reviewed the warning line in private fund compliance.
The afternoon session started with the presentation jointly given by Mr. Zhan Hao, managing partner at AnJie Law Firm, and Ms. Song Ying, a partner at AnJie Law Firm. Their presentation was entitled "New Trends, New Rules and New Strategies for Enforcement Post Antitrust Institutional Reform." Their presentation focused on the practical aspects. They shared with the audience how to respond to antitrust investigation after the antitrust institutional reform in China, and put forward new and insightful opinions on new trends of antitrust law enforcement based on the latest antitrust case studies and review of new legislations.
Mr. Zhan and Ms. Song were followed by Mr. Yang Zhengyu, a partner at Grandall Law Firm. Mr. Yang gave a presentation entitled "Business Risk and Prevention." He elaborated this topic from legal and practical dimensions, including five aspects: shareholders' limited liability and exceptions, contract risk prevention, corporate governance risks, guarantees and judicial punishment risks, and bankruptcy reorganization.
Then the audience heard a wonderful presentation given by Mr. Wang Li, a senior partner at AllBright Law Offices, which was entitled "The Latest Interpretation of M&A and Restructuring of Listed Companies." Mr. Wang started his presentation with an analysis of the latest data of M&A and restructuring of listed companies; then he interpreted the latest policies on M&A and restructuring of listed companies; and finally he anatomized some hot issues in the M&A and restructuring of listed companies.
After hearing wonderful keynote speeches, the Summit entered the most exciting and much anticipated session – the panel discussion. The panel discussion was moderated by Mr. Wang Ancheng, Senior Partner at AllBright Law Offices. The panelists were Mr. Liu Zhong, Assistant Executive & General Counsel of China Resources Land Limited and Mr. Wang Jidong, Executive Director and Co-head of Infrastructure and Real Estate Group of CITIC Securities Company Limited. Based on real cases and their own experiences, the three experts shared their insightful ideas about how to control risks effectively while achieving the goal of maximizing return on investment in light of the opportunities and challenges of financial investment in Greater Bay Area.
Regarding the investment opportunities in the Greater Bay Area, Mr. Liu Zhong said that the real estate sector still has a certain growth space, but the investment approach will change. From the perspective of industry concentration, the real estate sector is currently at a stage of changing from an incremental market to a stock market; from the perspective of investment, it is notable that the real estate investment trust fund is a new financial product, which takes real estate as the underlying asset, and is expected to be further implemented.
Mr. Wang Jidong shared with the audience the investment opportunities in the Greater Bay Area from the perspective of financial market. He said that about how the funds are invested in the corresponding assets, at present, the relevant parties are clarifying the channels to determine the supervision of the direction and orientation of capital flow. He also pointed out that after the formulation of the corresponding rules and regulations, a sufficient market will be formed, which will pose the biggest opportunity for investment. Speaking of the challenges of financial investment in the Greater Bay Area, Mr. Wang said that the entry of foreign capital and the foreign capital that enters China through the capital accounts might have an impact on the pricing of China's capital market.
Mr. Wang Ancheng believes that under the new financial situation, the main risks faced by enterprises in carrying out cross-border business activities include policy risk, market risk, management risk, business risk and technical risk. In this regard, he put forward the following suggestions to respond to risks: keeping abreast of new laws and regulations, accurately analyzing and adapting to the market, strengthening cross-cultural management, focusing on business strategy adjustment and improvement, and retaining talent and strengthening innovation.
The wonderful sharing of the three experts was closely related to the latest hotspots and brought the participants with great insights and had the audience fully involved in the discussion.
This Summit was a great success and widely welcomed and highly praised by all participants – the speakers shared great insights with the participants about the forefront and hotspot legal issues and won rounds of applause from the audience. ALB, as the organizer of the Summit, wants to extend our gratitude to everyone who participated in and made the event a success, and looks forward to seeing you again at the next summit.
