29
2024-11
Recently, Li Heng, the deputy director and senior partner of Zhongcheng Qingtai Jinan Office, was invited to attend the "Born to be 'New', Building Dreams in Spring City" 2024 Jinan Housing and Urban-Rural Development Industry Development and Investment Promotion Conference, and was appointed as a member of the expert think tank for the development of the housing and urban-rural construction industry in Jinan.
2024-11-29
29
2024-11
"Nominal equity, actual debt," also known as "nominal stock, actual debt," refers to a situation in equity investment where the form of investment is represented as equity participation, with the aim of ensuring capital preservation and returns. However, the parties involved do not genuinely intend to engage in equity investment, and in essence, a lending legal relationship is formed between the investor and the financing party. Current laws and judicial interpretations do not provide a clear definition or application of "nominal stock, actual debt." However, the Asset Management Association of China, in its 2019 publication "Regulations on the Filing Management of Private Asset Management Plans for Securities and Futures Operating Institutions No. 4 - Private Asset Management Plans Investing in Real Estate Development Enterprises and Projects," clearly states: "The term 'nominal stock, actual debt' refers to an investment method where the investment returns are not linked to the operating performance of the invested enterprise, and the distribution is not based on the enterprise's investment profits or losses. Instead, it involves providing investors with a capital preservation and return guarantee, regularly paying fixed returns to investors as agreed, and redeeming equity or repaying principal and interest by the invested enterprise under specific conditions. Common forms include repurchase, third-party acquisition, betting agreements, and regular dividends."
2024-11-29
27
2024-11
Dynamic | Zhongcheng Qingtai Law Firm Visits Malaysia for Research and Exchange
On November 26, to continuously promote the development of Zhongcheng Qingtai's foreign-related business and to enhance communication and cooperation between lawyers from both countries, Han Honggang, the director of Zhongcheng Qingtai, and Geng Guoyu, the director of the Jinan office, along with a group of 24 people, went to Malaysia for an inspection and exchange.
2024-11-27
27
2024-11
Recently, the Shandong Government Procurement Network announced that Zhongcheng Qingtai Jinan Office has successfully been selected as a member of the Shandong Province International Trade Friction Legal Service Team. This bidding marks the first time in recent years that the Shandong Province International Trade Friction Legal Service Team has included local law firms as members.
2024-11-27
27
2024-11
Perspective | How Should "Lending Agreement" Be Determined in Private Lending?
Private lending mainly refers to the lending and repayment activities conducted between natural persons, legal entities, and non-legal entities engaged in lending business, using their own funds, characterized by occasional and non-profit nature. Article 668 of the Civil Code of the People's Republic of China stipulates that loan contracts should be in written form, except where there are other agreements between natural persons. According to the above provisions, although loan contracts should generally be in written form, in judicial practice, there are also cases of oral loans between natural persons. Therefore, proving whether there is a "loan agreement" between the parties is key to determining whether a private lending relationship exists. This article analyzes the identification of "loan agreement" in private lending between natural persons in conjunction with relevant cases.
2024-11-27
27
2024-11
In the chapter on the supervision of trials in the "Civil Procedure Law of the People's Republic of China," two ways to initiate a retrial procedure are clearly stipulated: the application for retrial by the parties involved and the initiation of a retrial by the people's court ex officio. In practice, the method of initiating a retrial by the people's court ex officio is commonly referred to as "discovered by the president of the court." Depending on the subject that initiates the retrial, there are two different scenarios: one is when the court itself decides to conduct a retrial, and the other is when the Supreme People's Court or a higher-level people's court decides to conduct a retrial. The court's ex officio retrial is essentially a form of self-supervision by the court over the case. The author, in conjunction with the relevant cases handled, will analyze and clarify the procedures and conditions for initiating such retrials.
2024-11-27
27
2024-11
On November 24th, the "Zhongcheng Qingtai Cup" Shandong Province College Student Mock Court Competition, exclusively sponsored by Zhongcheng Qingtai, successfully concluded. The closing ceremony and award presentation were hosted by Zhu Baoli, the dean of the School of Law at Shandong Jianzhu University, and Li Jian, a senior partner at Zhongcheng Qingtai's Jinan office, delivered a speech at the closing ceremony.
2024-11-27
27
2024-11
On November 22, the Lu-Gang Innovation Cooperation Conference and the 15th Anniversary Celebration of the Shandong Hong Kong Chamber of Commerce were held in Jinan. Guests attending the event included Shandong Vice Governor Song Junqi, Director of the Shandong Provincial Hong Kong and Macao Affairs Office Zhang Liansan, former Chief Executive of the Hong Kong Special Administrative Region and Honorary President of the Shandong Hong Kong Chamber of Commerce Carrie Lam, and President of the Shandong Hong Kong Chamber of Commerce Mai Jiarong, among others, who delivered speeches. The Chief Executive of the Hong Kong Special Administrative Region, John Lee, also delivered a video address. The Zhongcheng Qingtai Mai Jiarong Fengdu (Jinan) Joint Law Firm, as a member unit of the Shandong Hong Kong Chamber of Commerce, was invited to participate in the event.
2024-11-27
27
2024-11
From November 23 to 24, the "Zhongcheng Qingtai Cup" Shandong Province College Student Mock Court Competition was held at the Shandong Provincial High Court. The competition was exclusively sponsored by Zhongcheng Qingtai, organized by the Shandong Law Society's Legal Education Research Association, and hosted by Shandong Jianzhu University.
2024-11-27
27
2024-11
On November 22, to continuously promote the development of Zhongcheng Qingtai's foreign-related business, Han Honggang, the director of Zhongcheng Qingtai, and Geng Guoyu, the director of the Jinan office, along with a group of 24 people, went to Singapore for an inspection and exchange.
2024-11-27
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province