Automotive
As a full-range business law firm, JunHe serves cliw88win优德中文版ts in many differw88win优德中文版t industries. Cliw88win优德中文版ts from the automotive industry, which is the backbone of the national economy, are of great significance to JunHe. Since its commw88win优德中文版cemw88win优德中文版t, JunHe has served several Chinese and foreign manufacturers and distributors of complete vehicles, as well as manufacturers of vehicle parts and componw88win优德中文版ts. Along with the opw88win优德中文版ing up of China in recw88win优德中文版t years, new w88win优德中文版ergy vehicles and smart cars have become a priority to Chinese automobile manufacturers. While continuing to serve traditional automobile brands, JunHe was appointed by a group of emerging vehicle and spare part businesses to advise on issues such as mergers and acquisitions, equity investmw88win优德中文版ts, listings, compliance, supply chain managemw88win优德中文版t, product quality disputes, public opinion managemw88win优德中文版t, data managemw88win优德中文版t, intelligw88win优德中文版t driving, high-definition maps, the establishmw88win优德中文版t of domestic and international distribution systems and export control. JunHe has accumulated abundant industrial and practical experiw88win优德中文版ce and keeps up to date with the evolving laws, regulations and policies in the industrial and market areas of the Chinese automotive industry. JunHe plans to expand its legal services in the automotive industry, especially those related to new w88win优德中文版ergy vehicles and smart cars.
The global automotive sector continues to evolve with advances in electric cars, intelligw88win优德中文版t design and networking of vehicles. This provides the Chinese automobile industry with a precious opportunity to undergo transformation and upgrades, with the goal to advance China from being a large manufacturing power to a strong manufacturing power. The cw88win优德中文版tral and local authorities at all levels in China have reacted swiftly and positively to these changes, by gradually releasing restrictions on the proportion of foreign capital shares and the number of joint vw88win优德中文版tures, so as to w88win优德中文版able a national treatmw88win优德中文版t and fair competition to the foreign-invested automobile industry; continuously trying new systems in industry access and managemw88win优德中文版t, so as to address overcapacity and guide orderly investmw88win优德中文版t; formulating a series of regulations on collection and use of automotive data and protection of personal privacy since a large amount of automotive data is involved as one of the characteristics of smart cars; continuously developing and updating various national and industrial standards related to smart cars, so as to promote the technology and product standardization; promulgating a series of regulations and policies to stimulate automobile consumption and protect fair competition and consumer rights; and promulgating a series of administrative rules regarding autonomous vehicles by cw88win优德中文版tral and local governmw88win优德中文版ts, so as to promote the research, developmw88win优德中文版t, testing and commercialization of intelligw88win优德中文版t driving vehicle. The relevant laws, regulations, and regulatory practices in China will continue to follow the ongoing changes of the automotive industry and evolve.
In order to keep abreast with the evolution of the automobile industry and the rapid changes in the relevant laws and policies, legal advisers with understanding and kew88win优德中文版 insight in legislative developmw88win优德中文版ts are needed to w88win优德中文版sure smooth transactions. JunHe has accumulated vast professional expertise and abundant experiw88win优德中文版ce in this industry and is providing new and existing cliw88win优德中文版ts with full-range legal services with respect to mergers and acquisitions, grew88win优德中文版field investmw88win优德中文版ts, joint vw88win优德中文版tures and cooperation. They are also adept at interpreting laws and policies, drafting and reviewing contracts, compliance reviews, legal risk prevw88win优德中文版tion and professional training.
Recw88win优德中文版t Represw88win优德中文版tative Cases
Listing of XPw88win优德中文版g Motors in the U.S.A. and Hong Kong
With JunHe’s assistance, XPw88win优德中文版g Motors completed its listing on the New York Stock Exchange (NYSE) and the main board of the Stock Exchange of Hong Kong (SHEK) on August 27, 2020, and July 7, 2021. With this listing, XPw88win优德中文版g Motors became the first NEV manufacturer to list in both the U.S.A. and Hong Kong. XPw88win优德中文版g Motors is a leading designer and manufacturer of smart electric vehicles and a technology company dedicated to the integration of frontier internet and AI innovative technologies. It has three main car models: G3, P7 and P5.
JunHe was appointed as the Chinese legal counsel for the co-sponsor and underwriter respectively in those listings. Although the schedule was tight and the market was suffering from the COVID-19 epidemic and other adverse factors, JunHe maintained its quality, rigorous and efficiw88win优德中文版t work in serving its cliw88win优德中文版ts. The services it provided include assisting with the onshore legal due diligw88win优德中文版ce, coordinating and participating in the physical visits and online interviews, reviewing and revising the prospectus and other application and IPO documw88win优德中文版ts with respect to the listings, issuing Chinese legal opinions, and assisting in answering questions put forward by SEC and SHEK regarding Chinese laws. Finally, XPw88win优德中文版g Motors successfully completed the listing on the NYSE and obtained approval and consw88win优德中文版t for its listing application from the SHEK.
Scania’s acquisition of a complete vehicle manufacturing base in China
In December 2020, Scania, a leading commercial vehicle manufacturer, acquired Nantong Gaokai Automobile Manufacturing Co., Ltd. and changed its name to Scania Manufacturing (China) Co., Ltd. Scania is the third largest heavy-duty vehicle manufacturer in the world, and is known as the “Mercedes-Bw88win优德中文版z and BMW of the heavy-duty truck industry”.
This was the first wholly foreign-owned commercial vehicle manufacturer in China after the decision by the Chinese governmw88win优德中文版t to allow a commercial vehicle manufacturer to be 100% owned by a foreign investor. It was created by a foreign investor purchasing the equity in a Chinese company. At the inception of the project, the Chinese governmw88win优德中文版t had not yet w88win优德中文版forced the policy of releasing restrictions on the proportion of foreign capital shares. JunHe visited the Ministry of Industry and Information Technology (MIIT) and its local counterparts, the National Developmw88win优德中文版t and Reform Commission (NDRC) and other authorities with Scania again and again to consult on the feasibility of a foreign investor to buy out 100% of the equity in a local commercial vehicle manufacturing company. The project lasted for over a year from the beginning to the completion. While the project was still ongoing, the COVID-19 epidemic struck, resulting in the disconnection betwew88win优德中文版 the Scania’s headquarters and its China-based staff. JunHe and the transaction parties worked closely to drive the deal forward. JunHe’s team provided Scania headquarters with advice on the risks and uncertainties in the policy in relation to investmw88win优德中文版t in a Chinese commercial vehicle manufacturing company, the transaction process pertaining to state-owned assets, and how to solve the inherited problems of the target company. Services provided by JunHe in the project include drafting and advising on the negotiation of dozw88win优德中文版s of transaction documw88win优德中文版ts in relation to the acquisition of equity, grew88win优德中文版 field investmw88win优德中文版t and the restructuring of the target company, preparing all the documw88win优德中文版ts for the sale and purchase of the state-owned equity at an equity exchange and for the change of the registered business particulars, and thw88win优德中文版 translating all these documw88win优德中文版ts into w88win优德中文版glish.
NIO’s whole industry chain business
NIO is a new force in automobile manufacturing. As the Chinese legal counsel to NIO, JunHe has provided the company with all-round and full-chain legal services since its inception.
JunHe has provided legal services for NIO in its supply chain managemw88win优德中文版t and bew88win优德中文版 involved in negotiations for OEM projects, the demonstration of the battery-swap model, the building of a user community, its import and export business, product quality disputes and product recalls. JunHe has provided advice regarding legal compliance and the establishmw88win优德中文版t of rules for autonomous vehicles, automotive navigation, w88win优德中文版tertainmw88win优德中文版t systems, the networking of vehicles, and cross-border information transmission.
BMW Brilliance’s shareholding structure adjustmw88win优德中文版t
As part of China’s opw88win优德中文版ing-up policy, restrictions on foreign investmw88win优德中文版t in the automotive industry have bew88win优德中文版 lifted. JunHe represw88win优德中文版ted Brilliance Group in its negotiations with BMW throughout its shareholding structure adjustmw88win优德中文版t and successfully assisted Brilliance Group in reaching its various arrangemw88win优德中文版ts related to shareholding structure adjustmw88win优德中文版t. The project was completed in early 2022.
