11 ASIAN LEGAL BUSINESS CHINA • 亚洲法律杂志-中国版 WWW.LEGALBUSINESSONLINE.COM/CHINA COVER STORY practice as private practitioners—a rare feat among in-house teams. Drawing from her experience in law firms, Yao implemented an hourly billing system within the company, redefining legal service standards and values. “At Trinasolar Legal, lawyers must transition from legal professionals to ‘corporate individuals’ immediately. They should not only identify risks but, more importantly, proactively resolve business issues and propose clear solutions based on professional knowledge.” Yao emphasizes that the billing mechanism’s primary aim is to reflect commercial value. “Serving business units isn’t just about highlighting problems; it’s about facilitating solutions. This approach fosters greater trust and reliance.” “After two years, the billing mechanism has gained recognition from business units. It has been further refined and simplified, making implementation smoother. It has stood the test of internal ‘clients,’ and the commercial value realized by the in-house team far outweighs the expenses incurred by business units.” Furthermore, this mechanism aids in time and resource allocation, enabling in-house team members to prioritize high-value matters, Yao concludes. PROACTIVE ROLE The in-house teams interviewed have garnered significant practical experience from handling complex tasks. They shared with ALB their approaches to realizing commercial value, as well as the strategies and designs involved. He states that Sinopec Capital primarily invests in new energy and new materials, with the listing of invested companies on the STAR Market and ChiNext being the main objective of capital operations. He highlighted the complexity of technology and industry policies in these sectors, along with the ever-changing listing review standards and criteria for recognizing technology and startup/innovative companies. He emphasizes the in-house team’s focus on internalizing regulations, monitoring policies, conducting capital operations, anti-subsidy investigations by the United States in 2023. Yao cites this process as an example, stating that while the imposition of duties may seem like the end, the in-house team can proactively seek further opportunities. He stressed the importance of understanding that antidumping and anti-subsidy measures are subject to annual review and highlighted the team’s efforts in challenging relevant U.S. authorities during reviews to seek more favorable outcomes. Last year, Trinasolar Legal developed customized response strategies for each case, leading to reduced rates of anti-dumping and countervailing duties through litigation. Yao also mentioned the in-house team’s active participation in industry exchanges and cooperation with peers to promote joint efforts in anti-dumping and countervailing work. Gu from Xinfengming Group emphasizes the need for in-house legal work to adapt to current social and economic dynamics by breaking through traditional structures. He highlighted the importance of aligning legal work with the overall interests of the company and ensuring consistency with strategic goals when handling individual cases. In one dispute case, Gu’s team thoroughly studied contract terms, searched for precedents, and carefully examined evidence materials, ultimately discovering decisive evidence. This led to the successful recovery of losses exceeding 10 million yuan for the company. Regarding corporate compliance management, Xinfengming’s in-house team closely collaborates with the company’s actual situations to formulate practical management standards and systems. Gu stresses the importance of embedding compliance awareness into business thinking and practices to establish a compliance system aligned with the group’s development needs. A VUCA WORLD “The post-pandemic era is rife with uncertainties, complexities, and changes. The world is undergoing unprecedentedly profound transformations. This further COMPLIANCE MANAGEMENT OFFICE OF RISK CONTROL AND COMPLIANCE DEPARTMENT, TBEA CO., LTD. 特变电工股份有限公司风 控合规部-合规管理处 TRINASOLAR LEGAL, TRINASOLAR CO.LTD 天合光能法务部 LEGAL DEPARTMENT, XINFENGMING GROUP CO.,LTD 新凤鸣集团法务部 and setting transaction guarantee conditions. He also notes its efforts in optimizing model terms of investment agreements and adjusting project positioning to mitigate potential risks to the company’s investment returns. Yao emphasizes that the in-house team must proactively serve the business side rather than react passively. Additionally, he points out that besides the commercial value developed or realized by business units, there’s often untapped commercial value within the company. The in-house team can explore and engage in those areas to create further value based on a deep understanding of the company. Trinasolar Legal actively responded to multiple rounds of anti-dumping and
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