10 ASIAN LEGAL BUSINESS CHINA • 亚洲法律杂志-中国版 MARCH 2024 COVER STORY specific roles. For instance, we rely on our expertise in dispute resolution to prevent losses, coordinate compliance management to ensure smooth business operations, and support large-scale projects such as investments and financing to foster the company’s further development. All these fall under the purview of the in-house team.” Similarly, Wei Mengqi, General Counsel of SAIC-GMAC Automotive Finance Company Limited’s Legal Department, emphasizes the complementary nature of legal work and commercial contributions within an in-house team. He stresses that as comprehensive risk managers, in-house teams must possess a deep understanding of both the industry and the organization’s nature, mission, directions, and core business characteristics. Wei uses the automotive finance industry’s evolution as an example. “Initially, automotive finance solely supported sales activities by providing retail and inventory financing solutions. With industry reform, automotive finance companies have expanded their services to encompass the entire lifecycle of automobile purchase, supporting manufacturing, sales, and additional collaborative services such as travel, insurance, and after-sales.” Wei underscores that business acumen forms the foundation for the in-house team to delineate the boundary between business development and risk management. Moreover, commercial understanding and judgment differentiate in-house counsel from external lawyers. “In addition to mitigating legal risks, the in-house team devises comprehensive plans tailored to the company’s development, striving to optimize the balance between profits and risks. Furthermore, based on the company’s internal business model, the team constructs a legal risk control system spanning pre-, interim, and post-operations, fostering comprehensive risk prevention and efficient corporate governance. These aspects underscore the value of in-house legal work.” Reflecting on unique industry characteristics, He Yinsheng, Managing Director and Head of the Risk Control & Compliance Department at Sinopec Capital Co., Ltd., outlines the dual roles of an in-house team: “First and foremost, the in-house team acts as a partner to the investment team, providing professional support for executing investment deals. We undertake due diligence, negotiations, and agreement signings, thereby enhancing the success of investment projects. We also play a pivotal role in deal planning and risk assessment, striking a balance between risks and returns to facilitate successful investments. Furthermore, in post-investment phases, including business operations and capital operations, we oversee the entire project lifecycle, ensuring investments achieve their intended results and objectives.” “Additionally, the in-house team serves as a ‘whistleblower’ for investment project risks,” He adds. During pre-investment stages, the team collaborates with the investment team to demarcate project risk boundaries, ensuring compliance while making investments. Throughout the investment process, the team participates in decision-making, provides independent opinions, identifies and assesses risk factors, and ensures decision-making is based on sufficient information and proportionate risk measures. Postinvestment, the team monitors internal and external risk indicators and activates risk mitigation measures. Yao Ziran, General Counsel of Trinasolar Co. Ltd., emphasizes that an in-house team shouldn’t merely function as a “risk notifier”; it should be a “problem solver” and a “value creator.” “Every department, be it legal, finance, or marketing, should prioritize value creation and align itself with company management principles.” To this end, Yao led her team in transforming Trinasolar Legal’s functions and value. The team acquired corporate in-house legal qualifications from the Ministry of Justice, enabling them to LEGAL TEAM, JOYVIO GROUP CO., LTD. 佳沃集团有限公司法务团队 LEGAL & COMPLIANCE DEPARTMENT, KOOKMIN BANK CHINA CO.,LTD. 国民银行（中国）有 限公司法律合规部 LEGAL DEPARTMENT, NIO INC. 蔚来集团法务部 LEGAL DEPARTMENT, SAIC-GMAC AUTOMOTIVE FINANCE COMPANY LIMITED 上汽通用汽车金融有 限责任公司法务部 POIZON LEGAL DEPARTMENT 得物法务部 RISK CONTROL & COMPLIANCE DEPARTMENT, SINOPEC CAPITAL CO., LTD. 中国石化集团资本有 限公司风控合规部
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