On the afternoon of December 16th, 2022, the third workshop of the CIETAC Jinling Forum 2022 and the online seminar series on "Dispute Resolution on Fund" were successfully held. The seminar was co-organized by CIETAC Jiangsu Arbitration Center ("CIETAC Jiangsu"), Jiangsu International Commercial Legal Service Center, Jiangsu Enterprise Legal Working Association, Nanjing Bar Association and King & Wood Mallesons (Nanjing) Law Firm. The seminar was also supported by Nanjing Jingyuzui Fund Street Development Center and Nanjing Innovation Capital Group Co.

This seminar is the third in the series of "Dispute Resolution on Fund" seminars launched by the CIETAC Jinling Forum. Wang Nannan, Partner of King & Wood Mallesons (“KWM”) and its East China Dispute Resolution Team, and Ma Xiaoyun, CIETAC arbitrator and Partner of KWM Corporate Sector were invited to give speeches, which aim to analyze the risks involved in fund business, and to provide legal solutions for clients, and knowledge support as well as business guidance for practitioners in fund management.

Ms. Wang Nannan gave a speech on "The Key Points of Adjudication of Disputes Concerning the Exit of Private Equity and Trust Equity Investment". She shared the common legal issues in the dispute resolution about the exit of equity investments from the capital end and the asset end. As for asset end, she introduced the issues in equity investment, including performance compensation, equity repurchase, fake equity and real debt, equity cession and guarantee, shareholders' rights and control of investee companies. Combined with relevant cases, she also talked about common legal issues in the exit phase of private equity and trust investment in real estate area. In terms of exit on the capital end, she gave a detailed introduction to the main rights and obligations of investors and trustees, such as investors' right to know and the right to vote, and trustee's duty of fidelity and diligence.

(Ms. Wang Nannan gave a speech)

Ms. Ma Xiaoyun gave a speech on "Legal Risks of S Fund Transaction and the Corresponding Strategies". She firstly introduced the judicial policy of national financial regulators on S funds, as well as the current common transaction methods and processes of S funds. Then, she specifically analyzed the necessary verification matters and key concerns on the legal due diligence of S funds. Finally, combining with specific cases, she explained the legal risks and the corresponding strategies of S fund transactions from the fund, transferor and compliance levels.

(Ms. Ma Xiaoyun gave a speech)

The seminar received active participation from fund management, risk control, legal personnel and related practicing lawyers in private equity and public equity. The brilliant interpretation by the two guests received a warm response from the audience. CIETAC Jinling Forum is created by CIETAC Jiangsu. It is an interactive platform with the legal community, lawyers, legal research community and arbitration practice community in Jiangsu and the surrounding areas. CIETAC Jiangsu will continue to rely on this platform to strengthen the communication with people from all walks of life and make every effort to provide professional and efficient arbitration legal services to the parties.