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Andrew McGinty is the Local Managing Partner of Hogan Lovells Shanghai office and co-coordinator of the firm's corporate and commercial practice in China.
Andrew has broad experience of advising on PRC-related corporate and commercial matters, private and public mergers and acquisitions, joint ventures and other foreign investment projects. His practice is broad-based but with areas of particular focus in the financial services, competition, real estate and TMT. He also has worked on a number of private equity and venture capital transactions with a China angle, mainly but not exclusively in the TMT space. Whilst his current practice focuses on the PRC, Andrew also has extensive experience of international corporate and commercial matters, as well as offshore mergers and acquisitions and infrastructure-related transactions. Andrew's client base is unusual in that it includes a number of leading Chinese companies, as well as foreign investors in China, which allows him a unique understanding of how a transaction may be seen from "the other side of the table".
Andrew has lived and worked in China for over 20 years. He spent three years in Hogan Lovells Beijing Office before relocating to Shanghai in 2007. He studied Mandarin Chinese at Fudan University in Shanghai and Cantonese at Zhongshan University in Guangzhou in the 1980s. Andrew is fluent in Mandarin, Cantonese, French and English as well as speaking good conversational Spanish.
- Advising on the sale of 100% of the equity interests in H.C. Starck China to Advent and Carlyle.
- Advising KPMG as the receivers appointed by Danone S.A. in the high profile dispute with Wahaha.
- Advising Ferrier Hodgson (as well as various creditor banks) as the provisional liquidator of Peacemark Holdings in the first and largest cross-border China/Hong Kong corporate rescue since the start of the financial crisis (awarded 2009 restructuring deal of the year by China Law & Practice).
- Advising China Merchants Property Development a listed company in China on the sale of Nanjing International Finance Center to ARA Asia Dragon Fund, a private real estate fund of ARA Asset Management Limited.
- Advising RREEF, the real estate and infrastructure investment management arm of Deutsche Bank, on the acquisition of a 50% equity interest in a Zhuhai existing Sino-foreign real estate development joint venture to develop the Zhongzhu Uptown project.
- Advising venture capital arm of leading chipmaker on various venture capital financing investments relating to China.
- Advising household name consumer electronics designer and manufacturer on regulatory issues relating to bringing its key products to the China market.
- Advising ExxonMobil on AML issues in relation to its commercial agreements relating to China.
Hogan Lovells Publications
13 July 2015
"China's new national security law creates more insecurity for foreign businesses."
09 July 2015
"Don't catch a falling knife: navigating volatility in the PRC.", Hogan Lovells
24 June 2015
"E-commerce liberalization in China: State Council and MIIT push forward."
09 June 2015
"China liberalises settlement of foreign exchange capital through SAFE Circular 19: a game-changer for the foreign investment fund industry?" Corporate China Alert, Hogan Lovells
12 May 2015
"China Opens Up The Domestic Bank Card Clearing Market to Foreign Competition: A Significant Opportunity Beckons for Foreign Investors.", Hogan Lovells
"Global Media and Communications Quarterly – Spring 2015."
"Leveraged Finance Update from Hogan Lovells."
08 April 2015
"Chinese corporate transactions under EU merger control rules."
27 March 2015
"China removes foreign exchange approvals for inbound and outbound direct investments." China Corporate Alert, Hogan Lovells
30 January 2015
"Full foreign ownership of e-commerce businesses permitted in the Shanghai FTZ: But is it a breakthrough?" Hogan Lovells TMT Alert, Hogan Lovells
27 January 2015
"Will the Chinese courts grant "back door recognition" to overseas insolvency practitioners?", Hogan Lovells
10 December 2014
"MOFCOM makes public for the first time decisions finding violations of merger control rules."
21 November 2014
"The Long Wait Is Over - Clarity on the Taxation of Capital Gains by QFIIs/RQFIIs in China." Hogan Lovells Tax Alert, Hogan Lovells
04 November 2014
"NDRC Revisits the Approval Requirements for Foreign Investment Projects: But will they be Enforced in Practice?" China Corporate Alert, Hogan Lovells
18 September 2014
"The Brand New Enterprise Information Public Disclosure System - More Transparency or Less?", Hogan Lovells
16 September 2014
"Draft Amendments to China’s Administrative Litigation Law – Slowly Moving Towards Greater Rights for Market Participants?"
15 August 2014
"SAFE Issues Revamped Rules on Round-Tripping Investments by PRC Residents.", Hogan Lovells
14 August 2014
"Beijing Issues Catalogue Banning or Restricting 'New Addition' Projects in Various Industries.", Hogan Lovells
16 June 2014
"Third Party Payment Licences in China - Are They within The Grasp of Foreign Investors?", Hogan Lovells
"Global Media and Communications Quarterly - Spring 2014." Global Media and Communications Quarterly, Hogan Lovells
15 May 2014
"Clearing the Air on China's New Environmental Protection Law.", Hogan Lovells
22 April 2014
"New Rules Provide a Framework for Shanghai FTZ to Open the Doors on VATS: A Cause for Optimism?", Hogan Lovells
21 April 2014
"Streamlining the Chinese merger control process - further implementing rules issued.", Hogan Lovells
11 April 2014
"Financial Reforms for the Shanghai (Pilot) Free Trade Zone: slowly coming into focus." Corporate China Alert, Hogan Lovells
27 March 2014
"Shanghai FTZ Shows Its Hand on Telecoms Opening Up - Could this be the long-awaited breakthrough in VATS?", Hogan Lovells
24 March 2014
"MOFCOM Signals Merger Policy Shift, With New 'Carrots and Sticks'.", Hogan Lovells LLP
07 March 2014
"New State Secrets Implementing Regulations: More of a Damp Fizzle than a Bang?" Corporate China Alert, Hogan Lovells
"Winter 2014 | Global Media and Communications Quarterly." Global Media and Communications Quarterly, Hogan Lovells
30 January 2014
"China announces significant amendments to the PRC Company Law: but what is in it for foreign investors?"
29 January 2014
"China Launches Landmark Preference Share Pilot Program.", Hogan Lovells
05 December 2013
"China Seeks to Update its Legislation to Address Burgeoning E-Commerce Market.", Hogan Lovells
20 November 2013
"Shanghai's Pilot Free Trade Zone - new opportunities for foreign investors.", Hogan Lovells
18 October 2013
"NDRC Takes Aim at Anti-Competitive Practices in the Tourism Industry.", Hoganlovells
10 October 2013
"China (Shanghai) Pilot Free Trade Zone - China's Springboard to a Free Market?"
08 October 2013
"China's Latest Drive to Protect Automotive Consumers."
17 September 2013
"NDRC's Antitrust Crackdown Continues and its Scope Broadens."
12 September 2013
"Internet of Things: Innovation with Chinese Characteristics."
20 August 2013
"China Turns up the Heat in the Battle Against Abuses of Personal Data." China Corporate Alert, Hogan Lovells
29 July 2013
"Exclusion Clauses and Disclosure Obligations in Insurance Policies." Corporate China Alert, Hogan Lovells
"European and US Sanctions: Extraterritorial hazard for non-EU/US entities.", Hogan Lovells
09 June 2013
"Resale of Mobile Communications Services Back on the Menu in China: But Only a Few Seats at the Table." Corporate China Alert, Hogan Lovells
03 June 2013
"Will the Merger of SARFT and GAPP End The Turf War Over Control over the Internet?" Corporate China Alert, Hogan Lovells
14 May 2013
"Antitrust Enforcement Against Abuse of IPRs and Anti-Competitive Conduct in the High Technology Sector - An Update from China." ACER Alert, Hogan Lovells
09 May 2013
"Recent Developments in Chinese Merger Control - MOFCOM Shifts up a Gear.", Hogan Lovells
06 March 2013
"Antitrust Hangover in the Liquor Industry – Chinese White Liquor Producers Fined for Setting Distributors' Resale Prices." China Alert, Hogan Lovells
03 March 2013
"China Streamlines Foreign Exchange Administrative Procedures to Facilitate Cross-border Investments." China Corporate Alert, Hogan Lovells
18 February 2013
"Chinese SOE unable to extricate itself from US antitrust litigation against vitamin C exporters." China Alert, Hogan Lovells
01 February 2013
"Antitrust Issues Continue Flaring up in China's IT Sector." ACER China Alert, Hogan Lovells
28 January 2013
"Welcome Clarity on Online Sales in China." China Corporate Alert, Hogan Lovells
24 January 2013
"China Relaxes the Rules on Capital Contributions to FIEs to Allow Contribution of Equity Interests." China Alert, Hogan Lovells
08 January 2013
"China to Strengthen Protection of Online Private Information." China Alert, Hogan Lovells
07 January 2013
"Chinese Cartel Busters Impose Record Fines on Foreign LCD Makers.", Hogan Lovells
16 November 2012
"MOFCOM releases details of unconditional clearance decisions since 2008." ACER Alert, Hogan Lovells
28 September 2012
"EU and China Sign Agreement to Deepen Antitrust Cooperation." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells
10 September 2012
"Draft Issued for Solicitation of Comments to Revise the State Council Regulations on Internet Information Services." China Newsletter, Hogan Lovells
26 July 2012
"China's New Exit-Entry Law Targets Illegal Foreigners." China Corporate Alert, Hogan Lovells
13 June 2012
"China Alert-New Filing Form to Increase Burden in Chinese Merger Control Process.", Hogan Lovells
24 April 2012
"China Issues New Rules on Outbound Investments by Centrally-administered State-owned Enterprises." China Corporate Alert, Hogan Lovells
12 April 2012
"Beijing Implements New Rules Requiring Real Name Registration On Microblogs: Every Bush And Tree Looks Like An Enemy?" China Corporate Alert, Hogan Lovells
"New law on internet services addressing competition and personal information protection." China Alert, Hogan Lovells
"China VIE structure for foreign investment under attack from multiple directions."
19 January 2012
"MOFCOM Gets Serious About Unreported M&A Transactions.", Hogan Lovells LLP
14 December 2011
"NDRC Measures on the Investigation of Ex-Factory Prices of Drugs (Trial Implementation).", Hogan Lovells
29 November 2011
"Strong Medicine for Law Breakers - NDRC's First Antitrust Action in the Pharmaceutical Sector under the Anti-Monopoly Law.", Hogan Lovells
24 November 2011
"New Channel Opened for Flowing-back of Overseas Renminbi ("RMB").", Hogan Lovells LLP
18 November 2011
"Three “Firsts” – China’s Merger Control Process Is Moving On.", Hogan Lovells
07 November 2011
"MOFCOM Imposes Divestiture Obligation in Its Approval of Private Equity Transaction.", Hogan Lovells
28 October 2011
"China Resource Tax Reforms to Roll out Nationwide.", Hogan Lovells
06 September 2011
"China Alert-MOFCOM Issues Final Procedures for National Security Review and Significantly Expands the Scope of Review.", Hogan Lovells
28 July 2011
"U.S. and Chinese antitrust agencies sign memorandum of understanding to enhance cooperation." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells
25 July 2011
"Global Media and Communications Quarterly, Issue 3: Focus on Cloud Computing." GMC Quarterly, Hogan Lovells
19 July 2011
"The hazy cloud - legal challenges for delivering cloud computing in China." GMC Quarterly, Hogan Lovells
23 June 2011
"Hogan Lovells Antitrust, Competition and Economic Regulation Alert, China - June 2011.", Hogan Lovells
16 June 2011
"Hogan Lovells China Alert - New SAFE Circular Changes the Rules on Company Financings and Round-Tripping Investments via Overseas Special Purpose Companies.", Hogan Lovells
"Pilot Programmes of RMB Settlement of Foreign Investment and Financing Start in Shanghai." China Alert, Hogan Lovells
14 March 2011
"MOFCOM releases implementing rules on national security review.", Hogan Lovells
25 February 2011
"China's New National Security Review Procedures for Mergers and Acquisitions Involving Foreign Investors: A New Hurdle for Foreign Investors or China Just Putting Existing Practice To Paper?" China Alert, Hogan Lovells
24 January 2011
"China Corporate Alert - New Foreign-Invested PE Rules Issued in Shanghai - A True Breakthrough or (Another) False Dawn." China Corporate Alert
14 January 2011
"Hogan Lovells Newsflash: MIIT Announces VoIP Rectification Campaign in China.", Hogan Lovells
12 January 2011
"Antitrust, Competition and Economic Regulation E-alert - China: Newly Enacted NDRC and SAIC Rules May Usher In New Anti-Monopoly Enforcement Phase." Antitrust, Competition, and Economic Regulation Alert, Hogan Lovells
21 December 2010
"China Corporate Alert - Regulation of Foreign Representative Offices Further Tightened - But Procedural Certainty Improving.", Hogan Lovells
15 December 2010
"China Corporate Alert - Law on Laws Governing Civil Relations involving Foreign Elements.", Hogan Lovells
15 December 2010
"China Corporate Alert - China liberalizes foreign investment in medical services sector.", Hogan Lovells
02 December 2010
"Life Sciences: Competition and Antitrust Newsletter, Issue 17.", Hogan Lovells
30 November 2010
"China Corporate Alert - New Circular Re-imposes Restrictions on Purchases of Properties in China by Foreign Entities and Individuals - A Sense of Déjà Vu.", Hogan Lovells
02 November 2010
"Projects (Engineering and Construction) Update."
01 May 2010
"Amendments to the People’s Republic of China Insurance Law.", Lovells
29 April 2010
"No EU Privilege for In-House Lawyers." Antitrust Update, Lovells
21 April 2010
"New Rules for Vertical Agreements." Antitrust Update, Lovells
"China Opens the Door to Foreign-Invested Partnership Enterprises: A Breakthrough for Foreign Investors?", Hogan Lovells
"Medical Device Regime in China.", Hogan Lovells
01 March 2009
"MOFCOM Issues Foreign Investment Market Entry Administrative Guidance Handbook.", Lovells
01 March 2009
"China issues new foreign exchange regulations.", Lovells
18 March 2015
"Annual Review: Foreign Investment 2015." Hogan Lovells Corporate Alert, Financier Worldwide
"MOFCOM clears mining merger subject to conditions." IBA Antitrust Newsletter, International Bar Association
09 September 2010
"MOFCOM's Stance On Novartis/Alcon." Law360, Portfolio Media, Inc.
- "Practical China Tax and Finance Strategies: The Chinese AML One Year On", Practical China Tax and Finance Strategies, World Trade Executive, February 2010
- "One Year On: Merger Review Decisions under the Anti-monopoly Law", International Law Office, January 2010
- "The Theory and the Reality of China's Insolvency Law Two Years on: Are Government-Driven Restructurings the New Trend?", Journal of Butterworths International Banking and Financial Law, November 2009
- "The keys to successfully setting up shop in China", Insurance Day, March 2009
- Co-authored "Insolvency, Liquidator and Dissolution of Enterprises" Doing Business in China, Juris Publishing
- "New law rolls out - China Anti-Monopoly Law", IFLR, September 2008