Fergus Saurin

Since joining Golden Flag International Law Firm , Fergus represented the following transactions:

• Acting for the ad-hoc committee of noteholders in a successful restructuring of the New York-law governed US$275 million senior notes issued by Hong Seng Limited and guaranteed by Hong Yang Group Company Limited, the controlling shareholder of Hong Kong-listed companies Redsun Properties Group Limited (HKSE: 1996) and Redsun Services Group Limited (HKSE: 1971)
• Represented The Carlyle Group in its proposed acquisition of KFC Holdings Japan, Ltd. (9873.T), the operator of the Kentucky Fried Chicken (KFC) fast-food franchise in Japan, together with the related long term franchise arrangements with brand owner, Yum! Brands
• Investment firm in connection with its media joint venture with and related minority investment in a mass media company based in Singapore
• A Malaysian integrated oil and gas service provider with global operations in over 20 countries, with respect to its cross-border, comprehensive restructuring
• Investment firm in the successful restructuring of a secured loan facility provided to a subsidiary of a listed Chinese electronics appliances retailer and e-commerce platform
• A consortium on the disposition of their interests in a global corporate services provider with offices in over 50 countries
• Investment firm in its formation of a programmatic joint venture with a leading new economy infrastructure developer and operator in China, in connection with the acquisition of workshop real estate assets in China
• Advising Bain Capital on its formation of a US$250 million manufacturing park joint venture for new economy infrastructure (“JV Platform”) with DJ New Ease Group. The JV Platform will focus on the development and operation of modern manufacturing parks in China’s core economic hubs
• Advising ZG Group, a leading iron & steel e-commerce platform in China, on its business combination with Aquila Acquisition Corporation, a special purpose acquisition company. This is the first de-SPAC transaction in Hong Kong since the introduction of the SPAC listing regime in Hong Kong on 1 January 2022
• Acting for an ad hoc committee of certain holders of US$450 million 6% guaranteed bonds issued and guaranteed by subsidiaries of Tsinghua Unigroup Co., Ltd. with the benefit of keepwell deeds and a deed of equity interest purchase undertaking provided by the PRC company in connection with the onshore restructuring of the PRC company and offshore enforcement actions, and obtaining landmark US$483 million judgment on the keepwell deed in Hong Kong High Court action HCA 1269 of 2021
• Advising MoneyHero Group on its business combination with Bridgetown Holdings Limited (NASDAQ: BTWN), a special purpose acquisition company formed as a collaboration between Pacific Century Group and Thiel Capital
• Advising Carlyle on the acquisition of HCP Global, a leading Chinese packaging firm, from Baring Private Equity Asia. This transaction was named “Deals of the Year 2022” by China Business Law Journal 
• Advising Bain Capital on its approximate US$485 million acquisition of a 24.98% stake in IIFL Wealth Management (NSE: IIFLWAM), a company listed on the National Stock Exchange of India, from General Atlantic and Fairfax Financial. IIFL Wealth Management is one of the largest and fastest growing wealth and asset management firms in India
• Acting for major investment bank in connection with defaults by various PRC based borrowers, including formulation of enforcement strategy
• Acting for the ad hoc committee of offshore bondholders of Fantasia Holdings Group Co., Limited (HKSE: 1777)
• Advising fund on the contentious exercise of redemption rights in connection investment in PRC tech company
• Acting for the ad hoc committee of noteholders in a successful restructuring of US$1.3 billion senior notes issued by Modern Land (China) Co., Limited (HKSE: 1107), a property development company in the PRC. This transaction was named “Deals of the Year 2022” by China Business Law Journal
• Represented major regional US bank in obtaining Mareva and proprietary injunctions, gagging orders and parallel third party disclosure orders before the Hong Kong Court
• Advising fund on pursuit of double derivative action arising out of breaches of fiduciary duty by majority shareholder nominated directors
• Advising logistics company in connection with certain contentious anti-trust matters
• Acting for the ad hoc committee of offshore bondholders of China Evergrande Group. This transaction was named “Deals of the Year 2022” by China Business Law Journal
• Represented US financial institution in obtaining Mareva and proprietary injunctions and parallel third party disclosure orders before the Hong Kong Court, and subsequent enforcement proceedings in Hong Kong
• Led team in providing extensive pro-bono advice on reform to Cambodian child protection legislation
• Advising liquidators of Nuoxi Capital Limited in connection with the enforcement of keepwell deeds and deeds of equity interest purchase undertaking against Peking University Founder Group Company Limited
• Acting for the General Partner of a fund in connection with the unauthorised disclosure of confidential information by fund participants
• Acting for major fund following series of loan defaults and enforcement proceedings, including in connection with various winding up proceedings and bankruptcy proceedings
• Acting for a private equity investor in respect of its US$240 million financing of Luckin Coffee Inc. to facilitate the implementation of the restructuring of Luckin Coffee’s US$460 million 0.75% Convertible Senior Notes due 2025 through a scheme of arrangement to be implemented in the Cayman Islands
• Acting for the General Partner of a fund in connection with disputes surrounding the realization of fund assets and the distribution of fund proceeds
• Acting for leading brand management business in connection with its restructuring and all proceedings in connection therewith
• Acting for the defendants in professional indemnity claim, including in securing the striking out of over 97% of the claims
• Advising HPEF Capital Partners on the sale of its majority interest in The Executive Centre, a leading provider of premium flexible office space solutions, to a consortium led by KKR and TIGA Investments
• Advising fund on enforcement of redemption rights in connection with investment in ecommerce portfolio company
• Advising issuer on European enforcement regime in connection with amendment and restatement of US$350 million bond instrument
• Advising an ad-hoc committee of bondholders arising out of defaults under US$350 million of bonds issued by a subsidiary of a PRC company and successful court action for judgment
• Representing leading software developer in HKIAC arbitration
• Advising fund in connection with default under US$400 million loan notes
• Advising HNI in connection with unfair prejudice claim and attempted squeeze out
• Advising fund in connection with enforcement of put option
• Representing client in opposition to enforcement of ICC arbitration award
• Representing textile company in successful settlement of multiple trade claims
• Represented US bank in case arising out of cross border email fraud, including in successful application for Mareva and proprietary injunctions before the Hong Kong Court, and subsequent enforcement proceedings in Hong Kong
• Represented subsidiary of leading investment banking firm in HKIAC arbitration following note default, including successful Emergency Arbitration application against issuer for asset preservation order and the obtaining arbitration Award in the subsidiary’s favour
• Advising on complex professional negligence claims for international accounting firms
• Advising on dispute under share purchase agreement arising out of misappropriations in the target company and related HKIAC arbitration proceedings
• Represented International Materials Inc. in enforcement in Hong Kong of two SIAC Arbitration Awards
• Represented Singyes Solar in restructuring of its total US$425 million senior notes due 2018 and 2019 respectively through parallel HK and Bermuda scheme of arrangement

Prior to joining Golden Flag International Law Firm , Fergus represented clients in the following selected transactions:

• IP – advised on default under facility agreement to high net worth and PEP; defended c. US$200 million of claims from intra-group companies before High Court in Hong Kong; devised and implemented security enforcement strategy in France; managed wind down of ICC arbitration in Switzerland; and liaised with the DOJ in Hong Kong in relation to prohibition (OSCO) order
• Leading investment bank – advised on default under syndicated loan and devised and implemented cross border security enforcement strategy
• Group of investors – advised on and implemented recovery strategy for group of investors defrauded in Australian sports trading scheme
• Group of investors – advised on claims against trust company and its directors (breach of fiduciary duty) following collapse of a series of Cayman litigation funds
• Bank – advising on issues arising out of P.R.C. state investigation into warehousing of metals in Qingdao, including advising on rights and liabilities under sales contracts, letters of credit and financing facilities
• Oil super major – acting for opposing creditors in Hong Kong proceedings for the just and equitable winding up of a Hong Kong incorporated LNG trading company. Included procuring the appointment of independent directors of the company, proceedings against the company’s shareholders, managing claims against certain of the company’s counterparties and ultimately winding up the company
• Leading commodity trader – HKIAC emergency arbitration concerning application for order for provision of security for underlying claim
• Leading commodity trader – HKIAC arbitration against a major PRC steel manufacturer arising out of a default under longterm contract for the sale of iron ore
• Leading commodity trader – consolidated HKIAC arbitration proceedings against Turkish mine, parent company and personal guarantor
• Major Bank – LCIA arbitration and connected proceedings before the Hong Kong Court
• Commodity trader – SIAC arbitration arising out of dispute under pre-pay agreement

Holman Fenwick Willan, Hong Kong

• Senior Associate, 2016–2019
• Associate, 2011–2016

Holman Fenwick Willan, London

• Trainee Solicitor, 2009–2011