XU Yu | Partner
Practices:Dispute Resolution|Bankruptcy Reorganization and Disposal of Special Assets | Banking and Financial
Telephone:+86 10 6502 8888
Fax:+86 10 6502 8866
Email:xuyu@hylandslaw.com
Working Language:Chinese English

Basic information

Education

2000 | Nanjing University, School of Law, LLB

2002 | City University of Hong Kong, School of Law|LLM

2004 | American University, Washington Collage of Law|LLM

2018 | Cheung Kong Graduate School of Business | EMBA

Work experience

2007-Present | Hylands Law Firm | Partner

Professional Qualification

2007 | The People’s Republic of China

Representative Cases

1. Bankruptcy case of a new material technology company: The team of lawyers led by Mr. Xu Yu acted as the bankruptcy administrator in the case. This is the first case in which Beijing Hylands Law Firm acted as the bankruptcy administrator since the firm was registered as the official bankruptcy administrator of Beijing Higher People’s Court in December 2018. The major issues in this case were that the relevant corporate shareholders made significant amount of capital contributions by subscriptions, and resisted the liquidation of the company in the bankruptcy proceedings by refusing to answer the phones and rejecting legal documents. After communications with the court and the creditors, law suit was filed against the two shareholders of the subject company for unpaid capital contributions pursuant to the Company Law of the PRC. With joint efforts from the court and the creditors, the case was put on record and is currently in trail proceedings. Mr. Xu and his team were recognized by the court, the creditors, and other related parties for their diligence and professional skills well exhibited during the bankruptcy proceedings.

2. Bankruptcy case of a pharmaceutical company: The team of lawyers led by Mr. Xu acted as the bankruptcy administrator in the case , and Mr. Xu was the person in charge. In the bankruptcy case, the team led by Mr. Xu managed diligently, especially worked in details in searching for known creditors, investigating company property and identifying existing shareholders. After the case was accepted by the court, there has been no information on creditors, company property or shareholders. Withtheir rich experience, Mr. Xu’s team ascertained the information on and notified each known creditor by examining the legal judgment documents website and communicating with other courts. The team applied to the courts for investigation order to conduct inquires, and the information on property owned by the company was ascertained and registered. The team obtained information on the company’s shareholders by conducting field visits and inquiring about other cases, and notified shareholders of the company to comply with legal procedures.

3. Legal dispute over entrusted loan between an asset management company and a real estate development company in Wuxi: The value of the subject matter of the case is over 400 million yuan. The team of lawyers led by Mr. Xu represented the asset management company and its entrusted bank in this case. This is the first execution-to-bankruptcy case accepted by Wuxi Intermediate People’s Court after the new Civil Procedure Law of the PRC entered into force. There are no detailed implementing rules of the new Civil Procedure Law or any established precedent, sothe case procedures carried great uncertainty. In this case, the team led by Mr. Xu started with coordinating with the notary office in the issuance of execution certificate, and was involved in the entire process including applying for execution, filing security litigation, negotiating with bankruptcy administrators, ascertaining the creditors’ rights, and negotiating the reorganization plans. Thorough legal research was conducted in each aspect. Eventually, all the claims from our client in this case were upheld by the court and were classified as priority claims which were met in full thereafter. The successful conclusion of this case protected the rights and interests of our client to the greatest extent, and also offered valuable experience for Wuxi Intermediate People’s Court to handle execution-to-bankruptcy cases alike.

4. Legal dispute over loan between an investment management company and a real estate company: The value of the subject matter in this case is nearly 500 million yuan. The team of led by Mr. Xu represented the project company in this case. Since this case involves the overall auction of the project under construction and complicated relationships among various parties ,consideration should be given to not only the interests of our client, but also the interests of more than 200 owners ofthe part of the construction that has been sold, the interests of the construction party with priority, and the interests of other creditors. In this case, the team provided professional legal services and actively participated in the negotiations with the aforesaid parties. They formulated negotiation strategies and implemented negotiation plans. Eventually, the assets were disposed in a satisfactory way accommodating various parties’ interest..

5. Legal dispute over loans and house payment between an investment management company and a real estate company: The value of the subject matter in this case is over 600 million yuan. The team led by MR. Xu represented the investment management company in this case. The major issue in this case is whether the house sold by the real estate company to the investment management company in the loan process can be ascertained as a guarantee in the name of a sales transaction. At the same time, this case involved illegal fundraising by the counterparty as well as more than 1,000victims of illegal fundraising. The relationship among various parties was complicated . After objective identification and theoretical study, the team formulated the optimal strategy for the case. In the course of bankruptcy, the team communicated with the bankruptcy administrators and the court to determine the priority claims that can be determined. At the same time, the team communicated with the administrators regarding the houses sold, so that the administrators considered the interests of clients in the course of formulating reorganization plan. This case is still in the process of reorganization.

6. Legal dispute over bond transaction between a private equity management company and a large group company: The case involved hundreds of millions of yuan. The team led by Mr. Xu represented the private equity management company in the case. In the court hearing, the court ruled to accept the bankruptcy and reorganization of this large group company, and Mr. Xu ’s team of lawyers participated in the relevant procedures in representation of the private equity management company. In this case, given the special nature of the private equity fund and their differences from trust products, the private equity fund company obtained authorization from specific investors in the bankruptcy and reorganization process. This case is featured by large number of specific investors, large amounts of money and profound social impact. With their rich experience, Mr. Xu’s team disclosed relevant information of the case to specific investors in a timely manner, and reminded the administrators of the social effects the case may cause, especially the sensitive issues of voting rights, of determination claims, and reorganization plans. If the problems were not handled properly, they will have great impact on social stability. Eventually, the administrators in this case, after careful consideration, requested the private equity fund management company to participate in the case as a member of the creditor committee. At present, the reorganization in this case is in process.

7. Bankruptcy case of a fuel company: This case is a bankruptcy case handled by a liquidation firm in Nanjing. Since Mr. Xu Xu Yu has extensive experience in handling such cases, he was engaged by this liquidation firm as a special adviser in this case. Due to the disorganized accounts of the fuel company, related debt receivables could not be verified by simply reviewing of the accounts. To protect all creditors and settle the case, MR. Xu suggested that the company carry out systematic investigation through the systematic audit. It was finally found that the company had creditor's rights receivable and d legal proceedings were filed by the creditors’ meeting after reviewing the creditor’s rights receivable submitted. This protected the interests of all creditors. Mr. Xu ’s professionalism and rigorous practice were recognized by all participants in the case, including the court.

8. A dispute case over trust loan between a trust limited liability company and a Beijing real estate development company: The value of the subject matter in this case is over 1 billion yuan. The team led by Mr. Xu represented the trust company in the case. Themajor issue in the case is the identification and calculation of interest rates and penalty rates. Since this case involves the trust loan issued by funds through a financial institution, the loan contract specifies a high interest rate and penalty rate. During the trial, the court had concerns about the determination of the interest rate and penalty rate, but Mr. Xu ’s team carried out theoretical and case studies, and consulted with the financial authorities many times before explaining the special regulations of financial institutions on the interest rates of loans to the court. Eventually, the above interest rates and penalty rates were upheld by the court, and the interests of our client were protected.

9. A dispute case over the pledge-style securities repurchase between an asset management company on the one hand and an equity investment partnership in Hangzhou and a person surnamed Zhu on the other hand: The value the subject matter in this case is over 145 million yuan. Mr. Xu s team represented the asset management company in this case. The major issue in the case is the calculation of liquidated damages as well as the determination of warranty responsibility. Property preservation is critical to the outcome of the case. Since the asset management company acquired the creditors’ right in the case through the package sale of underlying assets with a securities company, the court was concerned about the enjoyment of rights as well as the claims and determination of liability for breach of contract. In handling the case, Mr. Xu’s team achieved property preservation and communicated with the collegiate bench and provided full argumentation and evidence. This showed that litigation lawyers’ strong professional skills and execution ability. Eventually, the claims of the asset management company were generally upheld by the court, and the interests of the client were protected.

10. A dispute case over a trust contract between an international trust company and a company in Xinjiang: The value of the subject matter in the case is about 150 million yuan. The team led by Mr. Xu represented the international trust company in this case. The major issue in this case is how to distribute trust income according to the trust contract to protect the interests of all investors, rather than paying trust income directly as required by the opposing company. After repeated study of the trust contract and trust-related laws and regulations, it was found that the right to the trust income needs to be paid in sequence, and the opposing company has a low priority. The income should be distributed in the correct sequence. After many court sessions, the team repeatedly stressed for the court on the basis that the income cannot be directly distributed to opposing company. It was finally upheld by the court, which dismissed all the claims of the opposing Company. This protected the legal rights and interests of our client.

11. Acting as a standing legal counsel for a textbook research center: since 2014, MR. Xu was commissioned by the center to answer legal questions and, when necessary, issue written legal opinions; assist in drafting, revising, and reviewing contracts and relevant legal instruments; participate in the negotiation of economic contracts; provide legal trainings to employees; attend the discussion meetings of the center on major legal affairs. In providing legal services, Xu Yu studied the center’s written materials and inquired about their needs. According to related laws, regulations and cases, Mr. Xu answered legal questions, and actively participated in discussion meetings. Mr. Xu ’s team was recognized by the staff of the center andpraised by the leaders of the center many times.

Honors & Evaluation

Personal honors

2020 | the 2020 edition of China Business Journal’s A list

2020|ALB’s 2020 China Top 15 Litigators

2015-2018 | Outstanding Lawyer of the Year

2015-2017 | Outstanding Party Member of the Year

2011-2013 | Outstanding Lawyer of the Year

Xu Yu has solid professional knowledge and extensive experience, and works diligently. Mr. Xu wins a high reputation in providing legal services in such areas as commercial litigation and arbitration, company and securities, foreign-related business, as well as other economic and civil laws.

Having studied in mainland China, Hong Kong and the United States, Mr. Xu is capable of serving clients worldwide.He is fluent in both Chinese and English. Mr. Xu has provided legal services for many large projects with satisfactory results in areas including commercial litigation and arbitration, Sino-foreign joint ventures, foreign investment, capital operation, international commercial loans, listing, real estate development, and import and export.

Social Activity

Bankruptcy and Liquidation Committee of Beijing Bar Association|Deputy Director

Beijing Association of Bankruptcy Administrators|Council member

Finance and Taxation Committee of Chaoyang District Bar Association|Deputy Director

Supreme People’s Procuratorate|Consulting Expert of “Civil and Administrative Law”