24
2025-12
At the heart of corporate governance lies the scientific allocation and effective checks and balances of power. Among these, the relationship between the shareholders’ meeting—the company’s governing body—and the board of directors—the company’s executive body—forms the cornerstone of the corporate governance structure. Can the powers of the shareholders’ meeting be delegated to the board of directors for exercise? The answer to this question is neither a simple “yes” nor a “no”; rather, it hinges on the dynamic balance among legally mandated provisions, the scope of corporate autonomy, and the interplay between governance efficiency and risk control.
2025-12-24
23
2025-12
On December 21, the finals of the first Legal Services Product Competition hosted by Zhongcheng Qingtai were successfully held in Jinan. With the theme “Craftsmanship and Intelligent Innovation: Defining the Future,” this competition took several months to prepare. After rigorous screening through preliminary rounds and the finals, dozens of legal service products—from fields including the low-altitude economy, family wealth succession, and overseas expansion of enterprises—competed on the same stage. Ultimately, three first-place winners, five second-place winners, seven third-place winners, and several honorable mentions were selected.
2025-12-23
23
2025-12
On December 19, Wei Ketai, Director of Qingda Zehui Law Firm, Liu Pengyan, Deputy Director, and several partners paid a visit to the Jinan office of Zhongcheng Qingtai for an exchange and visit. They were warmly received by Du Wentang, Director of the Management Committee and Senior Partner at Zhongcheng Qingtai Jinan; He Zefeng and Shi Guangbo, Deputy Directors of the Management Committee and both Senior Partners; Cheng Shoufa, Member of the Strategic Development Committee and Senior Partner; Ma Shibin, Director of the Finance Committee and Senior Partner; Wang Yan, Director of the Publicity Committee and Senior Partner; Deng Pu, Director of the Human Resources Committee and Senior Partner; and Tian Wenhua, Member of the Management Committee and Director of the Comprehensive Support Committee.
2025-12-23
23
2025-12
Perspective | A Legal and Practical Analysis of Private Lending in the Form of Financial Leasing
In the practice of financial leasing, some transactions are ostensibly structured as financial lease contracts but in substance amount to loan relationships—so-called “financial leases in name only, loans in reality.” As the financial leasing industry continues to develop, such practices—where lending is disguised as leasing—have become increasingly common, giving rise to legal disputes. From the perspective of judicial practice, it is of great practical significance to clarify the legal nature of these contracts and to delineate the boundary between financial leasing and borrowing. On the one hand, incorrectly cloaking a loan relationship in the guise of a financial lease may enable parties to circumvent mandatory regulations, such as regulatory oversight and interest-rate controls, thereby creating hidden risks. On the other hand, when adjudicating related disputes, courts are placing greater emphasis on the actual economic function of the transaction rather than its formal structure, and will make appropriate substantive determinations about the nature of the contract in accordance with applicable laws. Therefore, this article analyzes the issue of “leases in name only, loans in reality” within the legal framework of financial leasing, systematically reviewing relevant statutory provisions, typical patterns, and summarizing judicial precedents, while also offering practical recommendations for operational practice.
2025-12-23
19
2025-12
Recently, the ordeal experienced by Mr. Zhai Mo, a renowned Chinese navigator, and his team in Papua New Guinea has drawn widespread attention.
2025-12-19
19
2025-12
The company distributed dividends mid-year but reported a loss at year-end. Can the dividends received by the corporate shareholders in the middle of the year be deemed invalid on the grounds that “there was no profit available for distribution at year-end due to the year-end loss”? Furthermore, can the annual loss incurred after the dividend distribution be retroactively used to negate the tax-exempt treatment? This article conducts an in-depth analysis of the above-mentioned disputes, drawing on the facts of the case and relevant legal provisions, and provides a legal basis for handling the case.
2025-12-19
18
2025-12
Perspective | A Legal Analysis of “Anti-Collection” Practices in Financial Loan Disputes
In recent years, an anti-collection industry—characterized by legal services as a gimmick, highly standardized rhetoric, and a strong focus on the online space—has been steadily gaining momentum. This industry not only disrupts financial order and infringes upon the legitimate rights and interests of financial institutions but also exposes borrowers to risks such as personal information leaks, property losses, and even criminal liability. This article analyzes the underlying causes of this phenomenon and offers recommendations aimed at curbing the spread of anti-collection activities through multi-party collaboration and comprehensive measures, thereby safeguarding financial order and the social integrity system.
2025-12-18
17
2025-12
If a shareholder transfers equity before the expiration of the capital contribution deadline, is the transferring shareholder liable for the failure of the transferee to make the full and timely capital contribution? This issue has yielded different conclusions at various times, depending on the transition between the old and new Company Laws and changes in relevant judicial interpretations. Under the old Company Law, emphasis was placed on shareholders’ time-based interests; in principle, shareholders who transferred equity before the capital contribution deadline were not held responsible for whether the transferee subsequently made the contribution on time—unless the transfer itself was undertaken in bad faith. In contrast, the new Company Law places greater emphasis on ensuring that corporate capital contributions are made on time. Accordingly, if a shareholder transfers equity before the capital contribution deadline and the transferee fails to make the full and timely contribution, the transferor shall bear supplementary liability for the unpaid portion of the contribution. This article will analyze the responsibilities of shareholders who transfer equity before the capital contribution deadline, drawing upon relevant provisions of both the old and new Company Laws, associated judicial interpretations, and court precedents.
2025-12-17
16
2025-12
Recently, Chairman Lin and Director Han from the Shandong Provincial Health Care Association visited the Jinan office of Zhongcheng Qingtai to hold a symposium and exchange. Du Wentang, Director of the Management Committee of Zhongcheng Qingtai Jinan Office, partner Jiang Xiaoyan, and lawyer Shi Yang warmly welcomed the delegation.
2025-12-16
16
2025-12
In debt enforcement proceedings, if the debtor transfers property or establishes additional mortgages on such property to shift responsibility assets, it directly jeopardizes the creditor’s chances of recovering their claims. Recently, a typical dispute over the creditor’s right of avoidance came to a close. The court, in accordance with the law, invalidated the debtor’s property transfer and subsequent mortgage registration, thereby removing significant obstacles to the realization of the creditor’s claims. This case not only demonstrates the judicial application of the creditor’s right of avoidance but also provides important guidance for similar cases through its trial logic and key legal points.
2025-12-16
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