CAO Yan
Partner
Beijing
电话:
邮箱:caoyan@dtlawyers.com.cn
![CAO Yan](/upload/cms/image/6a/0e989b2191e9afb1fb6d5a6445d16f.png)
Present Occupation
Beijing DOCVIT Law Firm’s partner
Education
Bachelor of Laws, National Judges College, and Master of Economics Law, Renmin University of China
Area of Expertise
Entrepreneurs’ marriage & family and wealth inheritance, dispute resolution, marriage management, etc.
Practicing Experience
CAO Yan is good at, by combining various approaches such as law, mediation and psychology, solving entrepreneurs’ litigation and non-litigation demands in terms of marriage & family at different stages, including marriage management, premarital property agreement, marital property agreement, family property arrangement, divorce property division, heritage inheritance, partition of stock right, large-amount insurance policy planning, insurance trust planning, immigration, family trust, tax planning, etc. In addition, Cao did internal and external legal training for a number of financial institutions, including Zhongmei Healthcare Group, New China Life Insurance, TaiPing Insurance, and CITIC-Prudential Private Bank.
Social Positions/Titles
Lawyer mediator
Initiator of Happy Family Discipline Workshop
Initiator of China Entrep Mulan Club
Volunteer lawyer for China Will Registration Center
Volunteer lawyer for Yuanzhong Gender Development Center
Volunteer lawyer for Child Safety Foundation of China Social Assistance Foundation (CSAF)
Working Language
Chinese
Relevant Recommendation
May be interested
Business Area
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Since its establishment, DOCVIT has taken the corporate governance as its basic business area. With rich experiences, DOCVIT has provided long-term legal services for large and medium-sized state-owned enterprises, private enterprises, foreign invested enterprises, government departments and other clients. Relying on excellent and exquisite professional skills and serious and pragmatic professional accomplishments, DOCVIT’s corporate governance team has provided high quality and efficient legal services for clients and has won the recognition from industry and praise from wide range of clients.
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As one of the basic business areas of DOCVIT, during the period of more than ten years, the legal service of dispute resolution has developed gradually from the traditional litigation and arbitration into comprehensive, professional and high-quality legal services including commercial dispute resolution, financial litigation and investigation. The dispute resolution team of DOCVIT has rich experiences in full agency of litigation and arbitration cases as well as handling emergencies. It can provide constructive and feasible solutions for complex disputes and minimize the cost of dispute resolution for clients.
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Various PE, securities issuance and listings, M&As and other financial and capital market legal services are the core businesses of DOCVIT. After more than ten years of efforts, DOCVIT has formed a capital market legal service system containing various PE businesses as the core business together with other legal services for securities issuance and IPO, refinancing of listed companies, M&As and reorganization, equity transactions, new OTC market, asset management and financial derivatives.
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DOCVIT has extensive experiences in legal services in the fields of infrastructure, real estate, energy and others. Over the years, DOCVIT has been providing legal services for social infrastructure, transportation, communication and information, oil and gas, water and environmental protection, energy and power and other projects, especially has obvious professionl advantages in BOT, BT, PPP and other engineering urban infrastructure financing and has won the outstanding market reputation.
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Intellectual property has been a key business area for DOCVIT. Along with the rapid development of the information age, DOCVIT has been providing strategic legal advices from the concept to the commercialization and protection of intellectual property to maximize the realization of clients' intellectual property. At the cutting edge of market and legal development, clients can rely on our first-class technology background and integrated services pertaining to intellectual property management, consulting and litigation to solve the most complex challenges.
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DOCVIT owns a team engaging in and specialized in overseas investment as its main business, and all the members of such team are graduates from domestic or foreign famous law schools, and most of them have working experiences in European and American law firms. They are familiar with cross-border merger and acquisition laws and practices, and they can use fluent Chinese and English to provide all-round, multi-level and professional legal services according to the needs of clients.
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DOCVIT has outstanding performances in competition and anti-monopoly businesses, and it has provided extensive and profound legal services for domestic and foreign clients. As a key business, DOCVIT has developed a sophisticated service system and top tier service content. With deep theoretical foundation and rich practical experiences, DOCVIT’s competition and anti-monopoly business team provides clients with effective solutions by virtue of its superb professional skills in many large-scale competition and anti-monopoly cases.
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The tax law business of DOCVIT is in a leading position among Chinese law firms. DOCVIT’s tax lawyers team has professional and systematic knowledge of Chinese and international tax laws in respect of tax arrangement and family wealth management services. In addition, they are proficient in corporate law, banking law, foreign investment law, securities law and laws related to real estate and fund, and they also have international law firm working experiences and are specialized in dealing with all kinds of complex tax matters. They have a wide range of influence and good reputation among industries and clients.
Performance
MoreAchievements of Docvit | We managed to win the bid for the legal service institutional repository of China National Nuclear CorporationAchievements of Docvit | We managed to win the bidding for the alternative repository of legal services intermediary institution of China Petroleum & Chemical Sales Co., Ltd. Shanxi BranchAchievements of Docvit | We managed to enter into contracts with several institutions and would provide regular legal services for them.Achievements of Docvit | We managed to get shortlisted in the external non-litigious lawyer repository of China Chengtong Holdings Group Ltd.
Series Product Line
MoreProduct Line of International Businesses and Foundation Engineering Legal BusinessInsurance Fund Legal Product LineProduct Line of Human Resources and Employee Motivation Legal BusinessProduct Line of Litigation and Arbitration Legal BusinessProduct Line of Construction Engineering Legal Business
Professional Interpretation
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[07-03]
2024
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Preventing corporate governance risks under new Company Law
The new Company Law promotes the transformation of corporate governance from shareholder primacy to director primacy. This imposes governance responsibility on entrepreneurs such as directors, supervisors, officers (DSOs) and actual controllers of a company, increasing their risk of performing duties with their personal property at stake. Therefore, reducing the risk of entrepreneurs and their families facing compensation over corporate governance is of great concern.
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[07-03]
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[10-25]
2021
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How to deal with the failures to fulfill duty of diligence?
Both party A and party B are shareholders of company a, with a accounting for 30% of the shares and B for a state-owned enterprise holding company, accounting for 50% of the shares. Mr. Li is a director appointed by company B to company a, and also the head of financial department of company A. At the beginning of 2021, party A learned that there was still 1 million yuan of capital contribution of company B due but not paid in, and Mr. Li never called on company B according to his duty when he clearly learned that company B did not fulfill his obligation of capital contribution. In addition, Li used his authority to change the management authority of company A's office system, adjust the relevant processes and procedures of the company's internal management, and put pressure on the employees without reason, resulting in the failure of company A's normal operation for three consecutive months. In view of Li's behavior, how should company a and shareholders a protect the rights and interests of the company and themselves?
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[10-25]
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[08-24]
2021
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Voting rights can be restricted if shareholders fail to invest?
In recent years, the competition for corporate control has become more and more intense. The form of competition is no longer confined to the background, but gradually moved to the stage. In order to fight for corporate control, the disputes about the representation of corporate will caused by the internal power struggle in commercial cases are increasing. Voting right has also become the focus of contention among shareholders. If they fail to fulfill the obligation of capital contribution on schedule, there are serious differences among shareholders about whether their voting right can be limited. In the absence of special provisions in the articles of association, should shareholders vote according to the proportion of paid in capital contribution or the proportion of subscribed capital contribution?
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[08-24]
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[07-27]
2021
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How to solve the deadlock caused by shareholders' contradiction?
Party A, Party B and Party C established company a in 2008, holding 51%, 45% and 4% shares respectively. In 2018, due to policy adjustment, the main business of company a could not continue to operate. Party A, Party B and Party C held shareholders' meetings on the transformation and development direction of company a for many times, but Party A and Party B could not reach an agreement. Up to now, the development of the company has been stagnant, How can companies get out of trouble?
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[07-27]