Viewpoint | Analysis of the Criminal Object of Illegal Mining Crime

Article 343 of the Criminal Law stipulates that the crime of illegal mining is a violation of the provisions of the Mineral Resources Law, unauthorized mining without obtaining a mining license, unauthorized entry into state-planned mining areas, mining areas of great value to the national economy and other people's mining areas, or unauthorized mining of specific minerals that the state stipulates to implement protective mining. In determining this crime, in addition to proving that the parties committed the above-mentioned acts, whether the object of the crime belongs to the mineral resources stipulated by law is also a necessary object of proof. 1. Mineral Resources Definition Article 2 of the detailed rules for the implementation of the Mineral Resources Law (decree No. 152 of the State Council) stipulates that mineral resources refer to natural resources in solid, liquid and gaseous form that are formed by geological processes and have utilization value. With economic development and scientific and technological progress, the value of natural resources to human beings is constantly changing, and the collection and utilization of mineral resources by enterprises is also gradually increasing. Therefore, the scope of mineral resources stipulated by the state is constantly adjusted. Identification of mineral resources should pay attention to the following two points: 1. Mineral resources are a kind of natural resources. 168 kinds of mineral resources are identified in the detailed rules for the Classification of Mineral Resources, which are energy minerals (11 kinds of coal, coal-derived gas, stone coal, etc.), metal minerals (59 kinds of iron, manganese, chromium, etc.), non-metallic minerals (92 kinds of diamond, graphite, phosphorus, etc.) and water and gas minerals (6 kinds of groundwater, mineral water, carbon dioxide, etc.). According to the announcement No. 8 of the Ministry of Land and Resources in 2000, gabbro, pyroxenite and synenite have become newly discovered minerals. According to the Announcement No. 30 of the Ministry of Land and Resources in 2011, shale gas has become a newly discovered mineral. On November 15, 2017, the State Council approved natural gas hydrate as a new mineral. According to the "China Mineral Resources Reporting 2022" issued by the Ministry of Natural Resources, 173 types of minerals have been discovered nationwide. 2. Mineral resources should be of use value. Not all mineral resources in nature have utilization value. Judging whether the material involved belongs to mineral resources is not only based on whether the composition of the material contains minerals, but needs to meet the output form, quantity and quality. It can be expected that the final mining is technically feasible, economically reasonable and has development and utilization value. It is possible that the substance contains mineral components, but due to the limitation of the level of science and technology, the substance does not reach the minimum industrial index of minerals, so it does not have the value of development and utilization in economy and technology, and it does not belong to the mineral resources in the legal sense. 2. determination of mineral and non-mineral related standards The main criterion for determining mineral and non-mineral is the mineral industry index, that is, under the current technical and economic conditions, the requirements of the mineral industry departments on mineral quality and mining conditions according to the supply and demand of mineral resources are the main basis for evaluating the industrial value of mineral deposits. The mineral industry indicators mainly include the following: 1. Boundary grade refers to the minimum requirement for the content of useful components in a single ore sample when estimating the total delineation of the ore body in the resource reserve, as a minimum grade limit to distinguish the ore from the surrounding rock. 2. The lowest industrial grade refers to the lowest average grade of a useful component in an ore body or block that can be used in industry. 3. The average grade of the deposit refers to the total average grade of the industrial ore of the deposit. 4. Comprehensive industrial grade refers to that when the deposit contains two or more minerals, any of which can not meet the requirements of their own industrial grade, but its grade is above the boundary grade and can be recovered technically, it should be converted into the equivalent grade of a major component according to the principle of equivalence, or the marginal industrial grade should be determined according to the marginal price of several mineral products, and to determine the corresponding boundary grade. 5. Ore grade, refers to a natural type or industrial type of ore or mineral, according to the content of its useful and harmful components, physical and technical performance differences, as well as different uses or requirements of the grade. 6. The content of associated useful components refers to the minimum requirements for the content of components that are associated with the main useful components in the deposit and do not have separate mining value, but can be recovered at the same time in the process of mining, selection and smelting of the main useful components, and have separate products or output values. 7. The content of associated beneficial components refers to the content of components that are beneficial to the selection and metallurgy of the main components in the ore, or can improve the quality of the products when the main components are processed. 8. The average allowable content of harmful components refers to the maximum allowable content stipulated by the components in the ore block (or ore body or single project) that have adverse effects on the ore in the process of mining, mineral processing and metallurgical processing, and even affect the quality of the product. 9. The minimum recoverable thickness, in accordance with the current relevant technical policies, according to the coal type, production, mining methods and resources in different areas, such as the lower limit of the recoverable thickness standard. 10. The maximum allowable thickness of intercalation refers to the maximum allowable thickness of mineralized intercalation (or intercalation) where the non-mineral intercalation in the ore body or ore layer and the rock layer in the ore body (layer) do not reach the boundary grade. Ores that do not meet the standards may not be treated as mineral resources for the time being because they cannot be mined, or if they are mined without economic benefits, or they will cause significant pollution to the environment. The state has promulgated corresponding standards for different types of minerals. For example: DZ/T 0337-2020 Code for geological exploration of mineral resources Oil sand DZ/T 0341-2020 Code for geological exploration of mineral resources Building stones DZ/T 0344-2020 General rules for geological exploration of petroleum and natural gas DZ/T 0346-2020 Code for geological exploration of mineral resources Oil shale, stone coal and peat DZ/T 0348-2020 Code for mineral geological exploration magnesite and dolomite DZ/T 0349-2020 Specification for mineral geological exploration bentonite and talc DZ/T 0200-2020 Code for geological exploration of mineral resources Iron, manganese and chromium DZ/T 0201-2020 Code for geological exploration of mineral resources Tungsten, tin, mercury and antimony DZ/T 0202-2020 Code for mineral geological exploration bauxite DZ/T 0203-2020 Code for geological exploration of mineral resources Rare metals DZ/T 0205-2020 Code for mineral geological exploration rock gold DZ/T 0206-2020 Code for geological exploration of mineral resources Kaolin, pyrophyllite and refractory clay DZ/T 0207-2020 Code for geological exploration of mineral resources Siliceous raw materials DZ/T 0208-2020 Code for geological exploration of mineral resources Metallic placer DZ/T 0209-2020 Specification for mineral geological exploration phosphorus DZ/T 0210-2020 Code for geological exploration of mineral resources Pyrite DZ/T 0211-2020 Code for geological exploration of mineral resources Barite, toxigite, fluorite and boron DZ/T 0212.1-Code for 2020 Mineral Geological Exploration-Salts-Part 1: General DZ/T 0212.2-Code for 2020 Mineral Geological Exploration-Salts-Part 2: Modern Salt Lake Salts DZ/T 0212.3-Code for 2020 Mineral Geological Exploration-Salts-Part 3: Ancient Solid Salts DZ/T 0212.4-2020 Code for Mineral Geological Exploration-Salts-Part 4: Brine Salts in Deep Reservoir DZ/T 0213-2020 Specification for mineral geological exploration Limestone and cement ingredients DZ/T 0214-2020 Code for geological exploration of mineral resources Copper, lead, zinc, silver, nickel and molybdenum DZ/T 0215-2020 Code for mineral geological exploration coal DZ/T 0216-2020 Specification for CBM Reserve Estimation The above standards are derived from the Ministry of Natural Resources Bulletin No. 26 of 2020. 3. typical cases involving the definition of "mineral resources" (2016) Ji 02 sentence final 547 Liu mou and other illegal mining crimes Facts of (I) case: The defendants Wang mou, Liu mou and Li mou 1 (handled separately) discussed making profits from the project in a yingyanshan iron ore co., ltd (hereinafter referred to as yanshan iron ore) of Hebei iron and steel group. Defendants Liu mou and Li mou 1 took advantage of their personal relationship with Wang mou 1, general manager of yanshan iron ore mine, and signed a stope topsoil transportation agreement with yanshan iron mine to enter the mining area for construction. In June 2012, the defendant Wang and others organized relevant personnel to enter the mining area, demolish and mine ore at the demolition location, and directly sell the ore for profit. Defendant Liu and other contact people to 45-90 yuan price range of ore sales. After identification, from the end of June 2012 to the end of June 2013, the defendant Wang mou and others illegally used iron ore resources in yanshan iron ore to save 190783 tons of hematite industrial ore, with an ore grade Tfe32.39%; 15760 tons of hematite low-grade ore, with an ore grade Tfe23.46%; The illegally mined iron ore is worth 23218268 yuan. The (II) was ascertained through the second instance trial: About the ore grade: The above evidence also confirms the fact that Yanshan Mine allows the outsourced convoy to pull the ore with rocks, and the ore that does not meet the required grade is blasted by the declaration convoy of the five appellants and other convoys. Zhang Mou 2 Wei and other relevant personnel of Yanshan Mine also found that the ore immediately stopped construction. If the ore grade did not meet the requirements of the mine, the witness testimony pulled away by the construction team confirmed it; the ore grade identified in the verification report is much higher than that provided by Yanshan Mine. There is a contradiction between the ore grade identified in the verification report and the ore grade in the statistical table of iron concentrate issued by Yanshan Mine and the ore grade claimed by the ore purchaser. It is not certain whether the ore mined by the appellant and others is high-grade ore or low-grade waste rock that cannot be used by Yanshan Mine. (III) court decision: The first, second, third, fourth, fifth, and ninth criminal judgment No. 54 of the Yutian County People's Court of Hebei Province (2016) was revoked....... The appellant (defendant in the original trial) Liu Mou and others were not guilty. Enlightenment of (IV) cases In the above-mentioned cases, although Liu and others carried out the act of mining without obtaining a mining license as stipulated in Article 343 of the Criminal Law, the amount of money involved exceeded the "serious circumstances" standard stipulated in the interpretation of the Supreme people's Court and the Supreme people's Procuratorate on several issues concerning the Application of Law in handling Criminal cases of Illegal Mining and Destructive Mining. However, because the taste of the ore cannot be determined, it cannot be determined whether the ore mined by the suspect is high-grade ore or low-grade waste rock that cannot be used in Yanshan Mine. Therefore, the court determined that the suspect Liu Mou and others based on the principle of "no suspected crime" Does not constitute the crime of illegal mining. Therefore, when dealing with illegal mining crime cases, whether the criminal object conforms to the law is an important consideration for determining the crime and non-crime. In the process of defending criminal cases of illegal mining, professional institutions can be entrusted to identify whether the ore mined by the suspect belongs to "mineral resources" according to the relevant provisions of the state on mineral industry indicators and mineral taste, and determine whether the suspect's ore mining behavior meets the requirements of utilization value. In addition, the mineral resources industry has strong professionalism and complexity. According to the provisions of the ''Regulations on the Appraisal Procedures for the Value of Mineral Resources Damage Caused by Illegal Mining and Destructive Mining, ''the competent department of land and resources of the people's government at or above the provincial level has the right to deal with illegal mining, The appraisal conclusion issued by the value of destructive mining that causes damage or serious damage to mineral resources. Therefore, it is also the starting point of the defense to examine whether the subject of the appraisal conclusion on which the prosecution is based is qualified.

2023-04-29

Viewpoint... From an effective defense case to talk about the effective defense of criminal offences in the field of private equity funds.

Recently, a case involving the crime of illegally absorbing public deposits by private equity funds undertaken by lawyers Li Kun and Cai Benjie of the Criminal Department of Zhongcheng Qingtai (Jinan) Law Firm has achieved good defense results. The parties involved in the case have been released on bail after being tried by the court and have now been released. The investigation organ of the case initially filed the case as the crime of fund-raising fraud, and the defender made a defense of innocence that the crime of fund-raising fraud did not constitute. During the examination and prosecution stage, the public prosecution organ changed the charge to the crime of illegally absorbing public deposits, and the defender continued to insist on the defense of innocence at the trial stage. Under the condition that the amount of more than 1200 million yuan was not refunded, the effective defense effect of "actual reimbursement" was achieved. Summary of 1. merits The defendant in this case is a private equity fund intermediary platform company, because the financing company through the intermediary platform to raise a large scale of funds, after the expiration of the product, the financing company's capital chain broke, resulting in a huge amount of funds can not be paid. In the process of financing, the defendant assisted the investors in adjusting the company involved, but did not identify the false property information and credit enhancement measures issued by the financing company. The intermediary platform charged high intermediary fees in the process of providing services. In view of this, the investigation organ believed that the defendant and the financing company had a conspiracy to illegally occupy the property of the fund-raiser, thus presuming that they were accomplices in fund-raising fraud. 2. defense thinking 1. On the crime of fund-raising fraud In this case, the defendant, as an intermediary, did not engage in traditional illegal fund-raising activities such as direct or indirect collection of funds, or even self-financing or self-financing in disguise, but was dragged into the criminal forbidden zone of illegal fund-raising because of the illegal or even criminal situation of the financing company itself. The key issue in this case may not be whether the intermediary company has an objective act of illegal fund-raising, but whether, as an intermediary agency, there is a subjective intention to jointly raise funds with the financing company to defraud, specifically, whether there is a conspiracy to illegally occupy the fund-raising property with the financing company, or whether the financing company still actively provides fund-raising assistance knowing that there is fund-raising fraud. In view of this, the defender puts forward the following defense point (excerpt): (1) Subjectively there is no complicity between the intermediary and the financing company's fund-raising fraud. First, before participating in the financing company project, the intermediary company has performed due diligence work, such as going to the State Administration of Taxation and other tax departments to investigate and verify the tax payment and related tax issues of the financing company, checking the financial advisory agreement, legal advisory service agreement, audit service agreement, etc. provided by the financing company for financing listing, and conducting due diligence work within its capacity through the above methods, the purpose is to ensure the true legitimacy of the project, which indicates that it does not have the subjective intent to conspire with the financing company to commit the crime of illegal fund-raising. As an ordinary business entity, the intermediary company involved in the case does not have the investigation ability of public authorities such as public security organs, and its relevant due diligence behavior has done its best to investigate its obligations. "the law cannot impose difficulties on others." it cannot be concluded that it is jointly involved in the crime because it has not found any signs that the financing company is suspected of committing a crime, and whether the financing company has committed a crime today, at present, there is no effective judgment to determine, then in the early stages of the intermediary company's participation in the project, it is even more impossible to determine whether there is a problem with the financing company's project. Second, there is no evidence to prove that the intermediary company and the relevant personnel of the financing company have carried out the so-called "communication and collusion" in advance on the illegal fund-raising, and the intermediary service provided by the company is not an act carried out under the control of the common criminal consent. (2) Subjectively, the intermediary company is not aware of the intentional fund-raising fraud of the financing company. The use of fraudulent methods to raise funds illegally for the purpose of illegal possession is an essential feature of the crime of fund-raising fraud. Whether it has the purpose of illegal possession is the key element to distinguish between the crime of illegal absorption of public deposits and the crime of fund-raising fraud. According to the 2015 Supreme Law, "Minutes of the National Court Symposium on the Trial of Financial Crime Cases", regarding the purpose of illegal possession in financial fraud, it mentions that "knowing that there is no ability to return and defraud a large amount of funds" is one of the situations. This point is for direct fund raisers and borrowers. For intermediaries, if the intermediary platform knows that the borrower has no repayment ability, it still provides loan services for them. Although the intermediary platform does not have a capital pool, it does not have the platform The necessary review of the authenticity or repayment ability of the borrower's related projects, or knowing that the project is false, it still provides illegal financing services for them, it can indeed constitute an accomplice in the crime of fund-raising fraud. However, specific to the facts of this case, the intermediary has indeed carried out a considerable degree of due diligence. We should also pay attention to several issues. What is the standard for the project qualification examination of the financing company? To what extent should the examination be carried out specifically? Is it required to provide a full guarantee? What are the specific requirements for the qualification of the intermediary agency for the borrower? After searching, there are no clear laws and regulations on the above-mentioned issues. Starting from the actual situation, the defender believes that if the intermediary agency can conduct the necessary formal authenticity review of the project data (the substantive review cannot be done under the condition of unequal information, which excessively increases the responsibility of the intermediary agency), on-site inspections, media images, etc., it can be determined that it does not constitute an intent to commit an accomplice crime. (3) The level of intermediary fees charged by intermediary companies is not an element of the crime of illegal fund-raising, which is a logical error. First of all, whether it is the crime of illegally absorbing public deposits or the crime of fund-raising fraud, it does not include the determination of the level of illegal income. The law clearly stipulates the constituent elements of the crime of illegal fund-raising, and it should be determined whether the perpetrator constitutes a crime based on these elements stipulated by the law. If the relevant personnel are determined to constitute an illegal fund-raising crime after reviewing these elements, then no matter how much the capital income they obtain It should be recognized as illegal income, and there is no question of how high or low it is at this time. Therefore, the identification logic should first be based on the composition of the crime to determine whether it constitutes a crime, and then determine whether the income of the relevant personnel is legal, and to determine whether it constitutes a crime by the level of income. In terms of illegal fund-raising crimes, there are no relevant laws and regulations as the basis, and it also reverses the logical order of determining such crimes stipulated by the law. Secondly, the so-called high or low commission is a matter of fact judgment, and there is an objective standard for fact judgment. What is low? What is high? Must be based on the relevant basis as a standard, there is no high or low concept, and if there is no relevant standard as a basis for high or low conclusions, can only be a subjective assumption, a relative conclusion, far from reaching the conclusion as a criminal fact, this subjective, relative determination does not meet the standards of the facts of criminal cases. In fact, there are also industry and regional differences in intermediary fees. As a commercial organization, the amount of intermediary fees charged by intermediary agencies is affected by a variety of factors. It is legal and effective without violating the mandatory provisions of laws and regulations, even if there is an agreement. The situation that the proportion is too high is also a problem solved by civil laws and regulations, which is not regulated in criminal laws and regulations. 2. On the crime of illegally absorbing public deposits After successfully changing a felony into a misdemeanor, the defender continues to adhere to the idea of innocent defense, and the crime of illegally absorbing public deposits needs to have four characteristics: illegality, openness, inducement, and sociality [(1) Absorbing funds without the approval of relevant departments in accordance with the law or borrowing the form of legal business;(2) Publicizing to the society through the media, promotion meetings, leaflets, and mobile phone text messages;(3) Commitment to repay principal and interest or pay returns in monetary, in kind, equity, etc. within a certain period of time;(4) Absorbing funds from the public, I .e., unspecified objects of society] Continue to defend, focusing on the discussion from the perspective of the composition of the crime. This article will not repeat, but for the crime, special attention should be paid to the "inducement" characteristics. The Interim Provisions on the operation and management of private equity asset management business of securities and futures operating institutions issued by China Securities Regulatory Commission clearly states that "securities and futures operating institutions and relevant sales institutions shall not sell asset management plans in violation of regulations, and shall not have improper publicity, mislead and cheat investors, or promise to investors in any way without loss of principal or minimum income, Including but not limited to the following situations: there are expressions in asset management contracts and sales materials that contain the connotation of capital preservation and income protection, such as zero risk, guaranteed income, and worry-free principal. The establishment of a structured asset management plan by a securities and futures operating institution shall not violate the principles of benefit-sharing, risk-sharing and matching risk and return, and shall not exist in the following circumstances: (a) directly or indirectly providing capital preservation and income protection arrangements to subscribers of priority shares, including but not limited to the provision of priority share income, early termination penalty interest, inferior or third-party institutions to make up the difference of priority income, provision of risk margin to make up the priority income, etc. agreed in the contract of structured asset management plan; (II) fail to conduct sufficient and appropriate due diligence on the identity and risk bearing capacity of inferior share subscribers of structured asset management plan; the (III) fails to fully disclose and disclose the structured design and corresponding risk situation, income distribution, wind control measures and other information in the asset management contract; The leverage ratio of (IV) stock and hybrid structured asset management plans exceeds 1 times, the leverage ratio of fixed income structured asset management plans exceeds 3 times, and the leverage ratio of other types of structured asset management plans exceeds 2 times. It is (V) to check the investment target of structured asset management plans through penetration, the structured asset management plan nests and invests in the inferior share of other structured financial products; the name of the (VI) structured asset management plan does not contain the words" structured "or" graded "; the total assets of the (VII) structured asset management plan account for more than 140 per cent of net assets, and the total assets of the unstructured collective asset management plan (I. e." one-to-many ") account for more than 200 per cent of net assets." The issue of credit enhancement measures, such as guarantees provided by third parties, should also be of concern. First of all, credit enhancement measures cannot be simply equated with "capital preservation and income protection"; Secondly, from the level of laws and regulations do not prohibit the asset management plan to take relevant credit measures; Finally, in the implementation of third-party credit enhancement measures, it should be legal, true and effective, so as to prevent the emergence of credit enhancement measures as a means of disguised commitment to "protect capital and income. With respect to premium repurchase and gambling agreements, attention should be paid to the design of the trigger clause in the Equity or Fund Share Repurchase Agreement to prevent the occurrence of an agreement on the contingency of the achievement of the condition as inevitable.

2023-04-29

Trends | Zhongcheng Qingtai Law Firm Yu Peng and Xu Changle were invited to participate in the press conference of the Shandong Provincial People's Procuratorate on "4.26 Intellectual Property Procuratorial Work"

On April 26, 2023, the Shandong Provincial People's Procuratorate held a press conference on "4.26 Intellectual Property Inspection". Yu Peng, deputy director of the Intellectual Property Law Professional Committee of the Shandong Lawyers Association and deputy director of the Institute, Zhongcheng Qingtai Law Research Institute Two lawyers Xu Changle, vice president and partner, were invited to attend the press conference. At the beginning of the meeting, Guo Xiaodong, deputy chief procurator of Shandong Provincial People's Procuratorate, introduced the white paper on intellectual property inspection in Shandong Province (2022) and the main work of intellectual property inspection in Shandong Province., Sun Shuo, deputy director of the Intellectual Property Procuratorial Office of the People's Procuratorate of Shandong Province, introduced the ''Typical Cases of Protecting Intellectual Property Rights by Procuratorial Organs in the Province in 2022 ''. These cases cover the protection of online intellectual property rights, the maintenance of the safety of the grain seed industry, the strengthening of civil supervision of intellectual property rights, and the supervision of administrative agencies. Four aspects including performing duties by law. At the symposium, Director Yu Peng mainly expressed constructive views from the following three aspects: First, strengthen the integration of inspection and enterprise, and protect intellectual property rights beforehand. It can be seen from the case that there are fewer unicorn enterprises in our province compared with eastern coastal provinces such as the Pearl River Delta and the Yangtze River Delta. The reason is that the United States, the European Union and other countries have done a comprehensive protection plan in the initial stage of high-tech enterprises. It is recommended that the public, procuratorate, law, and department cooperate to move the work forward and do a good job in the entire chain of intellectual property creation, management, operation and protection of scientific and protection; secondly, to protect the legitimate rights and interests of the obligee, it is also necessary to supervise the abuse of the right of action or false litigation, purify the intellectual property market, and save judicial resources; the third is to strengthen the protection of trade secrets, and do a good job in the selection and identification of secret points on the premise of respecting the direct structural appraisal opinions, in the legal framework, combined with the opinions of technical investigators and experts, the secret points and appraisal conclusions are reconfirmed to ensure the quality of the case and better safeguard the legitimate rights and interests of the parties. Lawyer Xu Changle made a brief discussion on the joint protection of intellectual property rights by the procuratorate, the court and the administrative organs of intellectual property rights, such as the combination of criminal and civil, and the combination of criminal and criminal. At the same time, taking trade secrets as an example, combined with the main ways of infringing trade secrets, as well as the existing problems in determining infringement and determining crimes, such as the content of rights, judicial appraisal, investigation and evidence collection, and the amount of damage. Lawyer Yu Peng and lawyer Xu Changle expressed their views and opinions on the "series of rights protection litigation cases" that Deputy Director Sun Shuo is more concerned about.

2023-04-28

Dynamic | Lawyer Geng Guoyu of Zhongcheng Qingtai Jinan Institute spoke at the Jinan CPPCC Special Consultation-"Promoting Local Legislation for Highly Skilled Talents to Create a Highland for the Development of Highly Skilled Talents"

On the morning of April 27, the Jinan CPPCC held a special consultation meeting on "Strengthening the Training of High-skilled Talents and Promoting the Construction of a Strong Provincial Capital. Municipal CPPCC Chairman Lei Jie presided over the meeting. Vice Mayor Han Wei attended the meeting to listen to suggestions. Liu Qin, vice chairman of the CPPCC, Dong Jie and Lu Fenghua, provincial deputy department-level cadres, and Secretary-General Zhi Liang attended the meeting. The main responsible comrades of the Municipal Human Resources and Social Security Bureau and relevant responsible comrades of the Municipal Education Bureau and the Municipal Federation of Trade Unions attended the meeting to listen to suggestions and interact with committee members, experts, entrepreneurs and representatives of high-skilled talents. At the meeting, six CPPCC members, experts, entrepreneurs and representatives of highly skilled talents, including Zhu Konglai, Wang Xiaolin, Tao Changqing, Geng Guoyu, Wu Hongbo and Yu Huidong, put forward their opinions and suggestions. Among them, Geng Guoyu made a speech on "promoting local legislation for highly skilled talents to create a highland for the development of highly skilled talents. It is recommended to refer to the World Bank's BEE indicator system to start the local legislative work of the ''Regulations on the Development of High-skilled Talents in Jinan City'': First, it is necessary to clarify the development orientation and rights protection of high-skilled talents, and smooth the connection of public services; the second is to promote the integration of industry and education, and clarify the society. The framework of the vocational education system with the participation of multiple subjects; the third is to establish and improve the flow mechanism of high-skilled talents, unblocked, and promote market competition. Use the system to protect the legitimate rights and interests of skilled personnel, and maximize the role of the rule of law in the protection of rights and interests.

2023-04-28

Intellectual Property Day | Zhongcheng Qingtai Jinan launched the World Intellectual Property Day activities to promote "boundaries, risks and rights", protect and promote innovation in accordance with the law.

April 26, 2023 is the 23rd World Intellectual Property Day. The theme of this year's National Intellectual Property Publicity Week is "Strengthening the legal protection of intellectual property rights and strongly supporting comprehensive innovation". Lawyer Cheng Shou, deputy director of the Intellectual Property Committee of Jinan Lawyers Association and senior partner of Zhongcheng Qingtai (Jinan) Law Firm, gave a lecture on "Boundary · Risk · Rights" intellectual property rights for Jinan Radio and Television Station. Lawyer Cheng Shou focused on the boundaries of the intellectual property legal system, emphasizing the promotion of intellectual property protection and risk awareness, and promoting comprehensive innovation to realize the true value of intellectual property rights. The country implements the "three new and one high" strategy, takes innovation as the fundamental driving force, and achieves high-quality development in the new development pattern. Intellectual property rights play an extremely important role, but the "boundaries, risks, and rights" of intellectual property rights still need to be further clarified. clear. This presentation combines the rights of broadcast organizers to actually solve the problem of legal risks, and discusses how to correctly realize the power of intellectual property rights, so that the media work can operate stably within the legal boundaries, and realize the benign interaction between the protection and use of intellectual property rights, which not only promotes steady innovation, And realize the value of intellectual property rights.

2023-04-26

Point of View | Litigation Practice of Corporate Deadlock

Corporate autonomy is a basic principle in modern commercial conduct, and on the premise that a company has a sound internal governance and organizational structure, the judiciary usually respects the rules of autonomy of each company and tries to avoid judicial intervention. However, when the internal governance of the company fails, there are contradictions that are difficult to reach agreement among shareholders, it is difficult for the company to form resolutions necessary for operation, the company's business development is restricted, and the company's employees and partners will also be affected by the impact, then judicial intervention will become an effective firewall. The Identification Standard of 1. Company Deadlock Article 182 of the the People's Republic of China Company Law: If serious difficulties occur in the operation and management of the company, and the continued existence of the company will cause significant losses to the interests of shareholders, and it cannot be resolved through other means, shareholders holding more than 10% of the voting rights of all shareholders of the company may request The people's court dissolves the company. Article 1 of the (II) of the Supreme People's Court on Several Issues Concerning the Use of the the People's Republic of China Company Law lists four situations of corporate deadlock: (I) the company is unable to hold a shareholders' meeting or a shareholders' meeting for more than two years, and the company has serious difficulties in operation and management; (II) shareholders fail to reach the proportion stipulated in the law or the articles of association, and no effective resolution can be made at the shareholders' meeting or shareholders' meeting for more than two years, and serious difficulties occur in the management of the company; (III) there is a long-term conflict between the directors of the company, which cannot be resolved through the shareholders' meeting or the general meeting of shareholders, and serious difficulties arise in the operation and management of the company; (IV) other serious difficulties occur in the operation and management of the company, the continued existence of the company will cause significant losses to the interests of shareholders. Through the above criteria, it can be seen that serious difficulties in the company's operation and management and significant losses to the interests of shareholders are not clear criteria for judgment, and other ways that cannot be solved through other means are not listed and summarized, and in practice, they rely more on the freedom of judges and social experience. Thus, often in practice, judicial judgment gives way to commercial judgment, avoiding unnecessary interference of judicial power with corporate autonomy. The Preposition Principle of 2. Judicial Intervention As mentioned earlier, the judicial power needs to respect the principle of corporate autonomy, so there are necessary preconditions for the settlement of corporate impasse through litigation. Internal autonomy is no longer possible within (I) companies. Through the guidance case of the Supreme People's Court, it can be seen that if the operation of internal governance institutions such as the board of directors and shareholders' meeting encounters serious obstacles and cannot make effective resolutions on any matter, then the company will not be able to operate normally and the interests of the company and shareholders will be seriously damaged. In these circumstances, judicial intervention becomes a necessary means. The claims of (II) shareholders have a legitimate purpose. The shareholder's application for dissolution of the company must have a legitimate purpose, need to focus on the nature of the causes of the company's deadlock, if there is a shareholder's malicious threat to other shareholders or through the dissolution of the company to benefit from the behavior, there are no conditions for dissolution of the company. It should be noted that if the shareholders are at fault for the formation of the company deadlock, the author believes that their fault can be resolved in a separate case, and the shareholders who are at fault can still file a lawsuit for the dissolution of the company. (III) through equity transfer, capital reduction and other means can not solve the deadlock According to Article 5 of the (II) Provisions of the Supreme People's Court on Several Issues Concerning the Use of the the People's Republic of China Company Law, the people's court shall pay attention to mediation in the trial of litigation cases involving the dissolution of a company. If the parties agree through consultation that the company or shareholders shall purchase shares, or make the company survive by means of capital reduction, etc., and does not violate the mandatory provisions of laws and administrative regulations, the people's court shall support it. If the parties cannot make the company survive by consensus, the people's court shall make a judgment in a timely manner. According to the current judicial practice, on the premise of respecting the autonomy of the company, if the company can or has the conditions to resolve the contradictions of shareholders through other means such as capital reduction, equity transfer, the company's repurchase of shareholders' equity, then the judicial power needs to give way to the autonomy, and the dissolution of the company can only be used as the last way to resolve the deadlock of the company. Practical Problems of 3. Dissolution of the Company (I) the inevitability of mediation before or during litigation According to Article 5 of the (II) of the Supreme People's Court on Certain Issues Concerning the Use of the the People's Republic of China Company Law, mediation has become a necessary link in the lawsuit for the dissolution of the company, which also reflects that judicial intervention should avoid interfering with the autonomy of the company as far as possible. In judicial practice, the court will guide shareholders to re-negotiate the balance of interests through mediation to correct the cause of the deadlock in the company's operations. It is particularly important to note that Article 7 of the Supreme People's Court's Provisions on Several Issues Concerning Civil Mediation Work of the People's Courts clearly states that if the content of the mediation agreement exceeds the plaintiff's request, the people's court may grant permission. Therefore, in the mediation process, shareholders can resolve the causes of corporate deadlock by various means, such as equity transfer, company capital reduction, revocation of corporate resolutions, and exercise of the right to know. If the (II) insists on dissolving the company, it needs to maximize the burden of proof. According to the aforementioned laws and regulations, the dissolution of a company needs to prove to the greatest extent possible that the company has serious difficulties, I .e. there is no internal remedy, and that it cannot be resolved through other means, I .e. there is no external solution. In the internal relief of the company, the shareholders who propose to dissolve the company should try their best to prove that the company has lost the ability to operate or the decision-making organ does not have the ability to make decisions and cannot form effective resolutions, in particular, it is necessary to collect evidence that internal systems, including the articles of association, cannot solve existing problems, evidence that the structure of internal management cannot solve the deadlock, evidence that the company cannot hold a board of directors or shareholders' meeting, and evidence that the meeting held by the company's resolution body is too divergent to form an effective resolution. In the external relief of the company, the shareholders who propose to dissolve the company also need to prove that there is no possibility of execution through capital reduction, transfer of shares to a third party, and repurchase of shares by the company. At this time, special attention needs to be paid to the protection of the pre-emptive rights of other shareholders of the company, the impact of capital reduction on the company's creditors, and the determination of the transfer price of the proposed transfer of shares to avoid harming the interests of others. 4. Class Case Reference Case 1: The Supreme People's Court Jilin Financial Asset Management Co., Ltd. and Hongyuan Group Co., Ltd. Dissolution Dispute [(2019) Supreme Fa Min Shen No. 1474] held that, first of all, as of December 31, 2016, the financial management company's external The loan problem has not been resolved. As the operating funds of the financial management company were unilaterally changed by Hongyun Group Company as loan lending and could not be recovered for a long time, the main business of the company's bulk acquisition and disposal of non-performing assets could not be carried out normally, and the purpose of the establishment of the company was defeated, and the company's operation was seriously difficult. Secondly, from the perspective of the operation of the company's management mechanism. After the financial management company was established on February 28, 2015, except for the board of directors held on April 27, 2015, it has never held an annual meeting of shareholders and a regular meeting of the board of directors in accordance with the company's articles of association. Since then, until the financial holding company filed a lawsuit in October 2017, the financial management company failed to hold a shareholders' meeting and the board of directors to solve the existing problems when there were conflicts between shareholders and serious difficulties in the company's operation. After filing the lawsuit in this case, although the financial management company held the board of directors and the shareholders' meeting in November 2017, the number of directors attending did not meet the conditions for holding the board of directors stipulated in the articles of association, and the shareholders' meeting was only attended by Hongyun Group Company unilaterally. The legality of the shareholders' meeting and the convening procedure of the board of directors and the validity of the resolution could not be recognized, and the shareholders had gone to court, the shareholders' meeting and the board of directors mechanism can no longer function properly. In summary, the 1. court of second instance ruled that the dissolution of the financial management company was not improper in law and reason. Case 2 The Supreme People's Court held in the case of Dong Zhanqin and Changchun Northeast Asia Logistics Co., Ltd.'s dissolution dispute [(2017) Supreme Law Minshen No. 2148] that to judge whether the company's operation and management has serious difficulties, it should conduct a comprehensive analysis from the operation status of the company's organization, focusing on whether there are serious internal obstacles in the company's operation and management, and whether the shareholders meeting or the board of directors is in a stalemate due to the intensification, the shareholders of one party cannot effectively participate in the operation and management of the company. In this case, Huiguan Company proposed to amend the company's articles of association three times, all of which were rejected by Dong Zhanqin. Since February 3, 2015, Northeast Asia Company has not held a shareholders meeting for two years, and the shareholders meeting mechanism has failed. In terms of daily operation, the candidates appointed by Huiguan Company as vice chairman, general manager and deputy general manager in recommend were rejected by Northeast Asia Company on the grounds that they did not reach the proportion of 3/5 stipulated in the articles of association. After the conflict, the company tried to change the company's decision-making mechanism by amending the articles of association, transferring equity to Dong Zhanqin and other ways to resolve the company's deadlock, but failed. The court of first instance and the court of second instance also failed to organize mediation. In summary, the failure of the decision-making management mechanism of the Northeast Asian company, the continued existence of the company will inevitably harm the major interests of the company, and can not solve the company deadlock through other means, the conditions of the company's insistence on the dissolution of the Northeast Asian company has been achieved. Case 3 The Supreme People's Court held in the dispute over the dissolution of Ningxia Yongri Elevator Marketing Service Co., Ltd. and Zhao Lili Company [(2017) Supreme Fa Min Shen No. 3364] that at present, it is difficult for the shareholders of Yongri Company to form a valid vote and manage the company by forming a resolution of the shareholders. The original judgment found that there were serious difficulties in the operation and management of the company, and that the continued existence of the company would cause significant losses to the interests of its shareholders. In the original trial, the case was mediated by the court many times, but because Yongri Company was unwilling to disclose the company's financial and operating conditions, the two shareholders did not agree to entrust a third party to evaluate the company's assets, and the equity transfer price could not be determined. Although Yongri proposed a mediation plan, it was only a unilateral proposal, and the parties have never been able to reach an agreement on a solution to maintain Yongri's survival, such as equity transfer, company repurchase or capital reduction. 1. the judgment of the second instance found that the serious difficulties in the operation and management of the company could not be solved through other means, it was not improper to dissolve Yongri company.

2023-04-25

Dynamics | Zhongcheng Qingtai Yu Peng and Yu Yue Attended a Series of Activities such as "Hong Kong's New Chapter, Qilu New Opportunities" Lu-Hong Kong Innovation Cooperation Seminar

On the afternoon of April 20, the Taiwan, Hong Kong and Macao Affairs Office of Shandong Province, the people's Government of Jinan City, together with the Hong Kong Chamber of Commerce of Shandong Province and the Hong Kong Trade Development Council, held a seminar on innovation cooperation between Shandong and Hong Kong in Jinan. More than 300 people from relevant provincial departments, responsible comrades of Jinan City and relevant departments, responsible comrades of 16 cities in charge of Hong Kong and Macao work, representatives of members of the Hong Kong Chamber of Commerce in Shandong Province, and representatives of some mainland Hong Kong people and Hong Kong businessmen attended the event. Yu Peng, deputy director and senior partner of Shandong Zhongcheng Qingtai Law Firm, and Yu Yue, a young lawyer, were invited to participate in the above activities. In his video speech, the Chief Executive of the Hong Kong Special Administrative Region Government Li Jiachao thanked Shandong and Jinan for their long-term support to the Hong Kong Chamber of Commerce in Shandong Province and Hong Kong people and Hong Kong enterprises, and affirmed the work of the Chamber of Commerce. He said that under the "one country, two systems", Hong Kong has the unique advantage of relying on the motherland and connecting with the world. The SAR government will make good use of Hong Kong's strengths, serve the needs of the country, inject endless development momentum into the economy and people's livelihood, and contribute to the country's high-quality development. In the new journey, we eagerly look forward to the cooperation between Hong Kong and Shandong to usher in a richer harvest and open a better chapter. Hong Kong has actively integrated into the overall situation of national development, exchanges and cooperation between Shandong and Hong Kong have developed in an all-round way, and successfully built a number of high-end cooperation platforms such as "Hong Kong Shandong week" and "Hong Kong and Macao Thousand people's trip to Shandong". Fruitful cooperation results have been achieved in many fields, forming a good situation of complementary advantages and coordinated development. Zhongcheng Qingtai Law Firm will deeply participate in the cooperation between Shandong and Hong Kong in the future, providing customers in Shandong and Hong Kong with full-process, all-round and high-standard legal services, and helping Shandong-Hong Kong cooperation to achieve new achievements.

2023-04-23

Dynamic | Zhongcheng Qingtai Jinan Institute Attends Shandong University Law Special Job Fair

In order to further implement the guiding spirit and decision-making arrangements of the CPC Central Committee and the State Council on doing a good job in the employment of college graduates, better build an information communication bridge between employers and graduates, and broaden the employment channels of law students, Zhongcheng Qingtai (Jinan) Law firm was invited to participate in the law recruitment fair of Shandong University in 2023 on April 23. Lawyer Yu Cuilan, senior partner of Zhongcheng Qingtai (Jinan) Law Firm, lawyer Wu Guoliang and lawyer Chen Xiaotong participated in the recruitment. The campus in spring is full of vigor and vitality. In front of the booth of Zhongcheng Qingtai (Jinan) Law Firm, there is an endless stream of graduates. Lawyer Yu Cuilan and others explained in detail to the graduates the status of Zhongcheng Qingtai Law Firm in the industry, salary and treatment, young lawyer training plan and other topics of concern to the graduates, and presented the law firm brochure to all students. At this job fair, we fully felt the enthusiasm of the majority of law graduates for job hunting, and established contact with some students who have job hunting intentions. Zhongcheng Qingtai has always regarded the law graduates of the first-class universities in China as the source of the construction of the law firm's lawyer team. The participation of outstanding graduates represented by Shandong University will inject enthusiastic fresh blood into the development and advancement of the law firm.

2023-04-23

Viewpoint... Wealth inheritance problem analysis series of (II)-the Bank CIRC to regulate the classification of trust business, trust companies will return to the source of trust.

On March 20, 2023, the China Banking and Insurance Regulatory Commission issued Document No. 1 of 2023, "Notice on Regulating the Classification of Trust Business of Trust Companies" (the "Notice"). Background of the Notice In recent years, the trust company's trust business has continued to develop and its business forms have continued to innovate. At the same time, the current trust business classification system has been in operation for many years, and trust business practice has not fully adapted, there are multiple cross-classification dimensions, business boundaries are not clear and the service connotation is vague and other issues. In order to improve the trust business classification system, the China Banking and Insurance Regulatory Commission drafted the ''Notice'', which reclassified the trust business and put forward relevant regulatory requirements on the basis of emphasizing the return of trust companies to the position of trustees, aiming to promote the standardized development of various trust businesses. Actively prevent and control risks and consolidate the results of chaos governance, lead the trust industry to give full play to the advantages of the trust system and effectively innovate, enrich the supply of trust source services, get rid of traditional development path dependence, promote the industry to achieve high-quality development. Specific classification of trust business The Notice clarifies the classification criteria and requirements for trust business, and points out that trust companies should classify trust business into three categories: asset service trusts, asset management trusts and charitable trusts, with a total of 25 business varieties, taking the purpose of the trust, the mode of establishment of the trust and the content of trust property management as the classification dimension. (I) Asset Services Trust Asset service trust refers to the trust company in accordance with the legal relationship of the trust, accept the entrustment of the principal, and according to the needs of the principal tailored wealth planning and intergenerational inheritance, custody, bankruptcy isolation and risk disposal and other professional trust services. According to the service content and characteristics, it is divided into five categories: wealth management service trust, administrative management service trust, asset securitization service trust, risk disposal service trust and new asset service trust, with a total of 19 business varieties. (II) Asset Management Trust An asset management trust is a self-beneficial trust in which a trust company sells trust products and provides investment and management financial services to investors of trust products in accordance with the legal relationship of the trust, and belongs to the private equity asset management business, and the Guiding Opinions on Regulating the Asset Management Business of Financial Institutions (Yinfa [2018] No. 106) is applicable. The trust company shall raise funds through a non-public offering of pooled funds trust plan and invest and manage the entrusted funds in accordance with the investment methods and proportions agreed upon in the trust documents. Investors in the trust plan are required to meet the criteria for qualified investors and are both principals and beneficiaries at the time the trust is established. According to the above-mentioned provisions of the new capital management regulations, asset management trusts are divided into fixed income trust plans, equity trust plans, commodity and financial derivatives trust plans and hybrid trust plans, a total of four business varieties. (III) Charitable Trust A public charitable trust is a trust business in which a principal entrusts his property to a trust company in accordance with the law for the purpose of public interest, and the trust company manages and disposes of it in the name of the trust company in accordance with the wishes of the principal, and carries out public charitable activities. The trust property of a public charitable trust and its proceeds shall not be used for non-public welfare purposes. According to the purpose of the trust, public charitable trust is divided into charitable trust and other public trust, a total of 2 business varieties. Wealth Management Services Trust Trust services provided by trust companies for the wealth management of natural persons, legal persons and unincorporated organizations are divided into seven business varieties according to the content and object of the services: (I) Family Trust The trust company accepts the entrustment of a single natural person, or accepts the joint entrustment of a single natural person and his relatives, with the protection, inheritance and management of family wealth as the main trust purpose, providing property planning, risk isolation, asset allocation, children's education, family governance, public welfare charity and other customized affairs management and financial services. The paid-in trust at the time of the initial establishment of the family trust shall not be less than 10 million yuan. The beneficiary shall be the principal or his relative, but the principal shall not be the sole beneficiary. Where a family trust involves a public welfare charitable arrangement, the beneficiaries may include a public welfare charitable trust or charitable organization. The trust business with the nature of special account financial management is not a family trust simply to pursue the preservation and appreciation of trust property. Recently, Ping An Trust successfully set up the first "Family Charter + Double Protector" family trust, innovatively incorporating the family charter into the trust documents, and creating a "Double Protector" mechanism for the protection of human beings and human beings to perform their duties together, with a scale of 10 million yuan. The beneficiaries are three generations of family members of the trustor and the direct blood relatives of the trustor born in the future. The family trust innovation incorporates a family charter to regulate the behavior of future generations and urge them to follow family rules and family spiritual culture. Another major innovation of the family trust is the introduction of a "double protector" mechanism, which performs different protector functions by setting up two types of protectors: one is a natural person protector, which is held by the family members of the client and is responsible for the investment of the family trust and the addition and change of beneficiaries; the other is an institutional protector, which is held by an external law firm hired by the client and is responsible for supervising the implementation of the family charter code of conduct by the beneficiaries, if the beneficiary violates the code of conduct, the institutional protector may apply to the trustee to suspend the beneficiary's eligibility. The family trust provides a one-stop family inheritance solution for ultra-high net worth customers, effectively serving the dual needs of "creating a generation" to inherit the family's material and spiritual wealth. (II) Family Services Trust A trust company that meets the relevant conditions, as a trustee, accepts the entrustment of a single natural person, or accepts the joint entrustment of a single natural person and his family members, to provide services such as risk isolation, wealth protection and distribution. When the family service trust is initially established, the paid-in trust shall not be less than 1 million yuan, the term shall not be less than 5 years, and the investment scope shall be limited to trust plans, bank wealth management products and other public asset management products with interbank deposits, standardized debt assets and listed and traded stocks as the final investment targets. Family service trusts can be understood as "inclusive" or "MINI" versions of family trust products. Compared with the family trust, the threshold of the paid-in trust set up by the family service trust is more "people-friendly", not less than 1 million yuan. Family service trusts are basically the same as family trusts in terms of service functions, and are wealth management tools based on the trust system, all of which belong to wealth management service trusts under the new three classifications. Compared with the family trust, its service object is more extensive, can be extended to the public service population, the trust service contract is relatively standard, the scope of investment is limited to the standard investment. The functions of family service trusts include: family care, wealth inheritance, risk isolation and asset allocation. (III) Insurance Trust The trust company accepts the entrustment of a single natural person, or accepts the joint entrustment of a single natural person and his family members, and establishes the trust as the trust property with the relevant rights and corresponding interests of the life insurance contract and the funds required for the subsequent payment of premiums. When the payment conditions stipulated in the insurance contract occur, the insurance company will transfer the corresponding funds to the corresponding trust account in accordance with the insurance agreement, which will be managed by the trust company in accordance with the trust documents. Statistics from China Trust Registration Co., Ltd. show that in January 2023, the scale of new insurance fund trust was 8.974 billion billion yuan, an increase of 67.05 percent from the previous month, and the scale reached a new high in nearly 11 months. Compared with family trust, the threshold of insurance fund trust products is greatly reduced, which can enable more customers to share the high-quality and characteristic financial services provided by the trust plan, and gradually become a new hot spot of family wealth management, with broad space for future development. (IV) Special Needs Trust The trust company accepts the entrustment of a single natural person, or accepts the joint entrustment of a single natural person and his relatives, to meet and serve the living needs of specific beneficiaries as the main purpose of the trust, management and disposition of trust property. Recently, Everbright Trust and Everbright Bank Private Bank have cooperated to land the first single bank-trust cooperative physical and mental disability service trust in China, breaking the blank of domestic private banks in the field of physical and mental disability service trust, and providing innovative solutions for the lifelong care of people with physical and mental disabilities. In the trust structure, the principal is the family of the mentally handicapped child, the child is the beneficiary of the trust, and the Everbright Trust provides the trust service as the trustee. Due to the special circumstances of the beneficiary, in order to prevent the client from taking care of the child or leaving the child's property to be embezzled by others after the death of the client, the physical and mental disorder service trust reduces the proportion of cash distribution to the beneficiary and increases the function of entrusted payment compared with the previous family trust. The trust funds are based on the instructions of the client or other command owners (I. e. the client designated the person who sent the instructions to the trust company after his death), payments are made in the form of service fees to institutions that provide assessment, care, old-age care, rehabilitation and other services to beneficiaries, who are not in charge of a large amount of property themselves, but who can continue to enjoy the services provided by the institutions, thus safeguarding their quality of life in the future. (V) testamentary trust In order to realize the plan of the estate, the single settlor (testator) specifies the management plan of the estate, including the management, distribution, use and payment of the estate, in the way of establishing trust terms in the will and relevant trust documents in advance. After the will takes effect, the trust company will manage and dispose of the trust property according to the trust terms in the will. (VI) Other Personal Wealth Management Trusts The trust company, as a trustee, accepts the entrustment of a single natural person to provide property protection and management services. The principal shall establish a wealth management trust with the property legally owned by him and shall not illegally pool the property of others to establish a wealth management trust. The trust benefit rights of other personal wealth management trusts may not be split and transferred. The paid-in trust at the time of initial establishment of other personal wealth management trusts shall not be less than 6 million yuan. (VII) Corporate and Unincorporated Wealth Management Trusts As a trustee, the trust company accepts the entrustment of a single legal person or unincorporated organization to provide comprehensive financial planning, specific asset management, compensation and welfare management and other trust services. In addition to the management of compensation and benefits for the purpose of the trust, the wealth management trust of the legal person and the unincorporated organization shall be a self-beneficial trust. The beneficial rights of wealth management trusts of legal persons and unincorporated organizations may not be split and transferred. The value of the property delivered by the trustee of the wealth management trust of the legal person and the unincorporated organization shall not be less than 10 million yuan. Risk Disposal Services Trust The trust company, as a trustee, provides fiduciary services for the disposal of corporate risk and establishes a trust for the purpose of repaying debts to creditors to improve the efficiency of risk disposal. According to the risk disposal method is divided into 2 business varieties: (I) Enterprise Market Restructuring Service Trust As a trustee, the trust company provides fiduciary services for the disposal of corporate risks in the face of debt crisis, proposed debt restructuring or equity restructuring, and establishes a trust for the purpose of repaying the debt to the creditors of the enterprise. The reorganization enterprise delivers the trust property, plays the advantage function of risk isolation, and pays off the creditors by distributing the trust benefits to the beneficiaries through the disposal of the trust property. The trust can balance the interests and demands of multiple parties, resolve the pain points and difficulties in reorganization, improve the efficiency and repayment rate of enterprise bankruptcy reorganization, and maximize the operation and value of asset management. (II) Business Insolvency Services Trust The trust company, as a trustee, provides fiduciary services for the disposal of enterprise risks in bankruptcy reorganization, reconciliation or liquidation in accordance with the the People's Republic of China Enterprise Bankruptcy Law, and establishes a trust for the purpose of repaying debts to the creditors of the enterprise. The 2019 Bohai Steel bankruptcy reorganization case introduced a trust structure for the first time in the corporate bankruptcy reorganization. Simply put, the bankruptcy reorganization trust is the enterprise is not good to realize or realize a large loss of the assets to be liquidated with the trust into a package, by the trustee in 5-10 years to slowly choose the opportunity to dispose of, and then the disposal of the funds back to the beneficiaries, that is, creditors. Conclusion: Trust companies will eventually return to their trust roots. The term "trust" as mentioned in the Trust Law refers to the act of entrusting the property rights of the trustee to the trustee on the basis of trust in the trustee, and the trustee shall manage or dispose of the property in his own name for the benefit of the beneficiary or for a specific purpose in accordance with the wishes of the trustee. Trust companies engaged in trust business should be based on the trustee's position, follow laws, regulations and regulatory requirements, ensure that the purpose of the trust is legal and compliant, handle trust affairs for the best interests of the beneficiaries, and fulfill the fiduciary responsibility of honesty, trustworthiness and diligence. From the present stage, the notice is a basic system to promote the transformation and development of the trust industry, which plays a positive role in promoting the industry to return to its origin and achieve sustainable and healthy development.

2023-04-20

Dynamic | Representatives of Hong Kong's legal profession visited Zhongcheng Qingtai Jinan Institute for exchange and visit.

On the afternoon of April 19, Zhen Zhuoning, deputy head of the delegation of representatives of the Hong Kong legal profession, member of the Provincial Committee of the Chinese people's political Consultative Conference and managing partner of Ke Wuchen Law firm, Lin Zechang, senior lawyer of Hong Kong Dejie Law firm, Zhou Wanjun, partner of Hong Kong he Wei Law firm, and Guan Jiali, project manager and lawyer of Baifulai Co., Ltd., visited Zhongcheng Qingtai (Jinan) Law firm for exchange and visit. Zhang Shengli, director of the United Front work Department of the Shandong Provincial CPC Committee, Wang Minsheng, president of the Shandong Bar Association, Wang Yanhai, deputy director of the lawyer work Office of the Shandong Provincial Department of Justice, and Li Lianxiang, secretary general of the Shandong Bar Association, accompanied the visit. Geng Guoyu, Secretary of the Party Committee and Director of Zhongcheng Qingtai Jinan Institute, Li Ruzhi and Meng Fanhu, Deputy Secretary of the Party Committee, and Du Wentang, member of the Party Committee and Director of the Management Committee, received warm reception. Under the leadership of Director Geng Guoyu, Zhen Zhuoning and his entourage visited Zhongcheng Qingtai Jinan Law Firm Environment, Law Firm Honor Wall, Party Building Conference Room and other areas, and collectively watched Zhongcheng Qingtai Law Firm CCTV publicity documentary. The delegation watched the law firm's CCTV promotional documentary. Participating leaders The symposium was presided over by Wang Yanhai, and Geng Guoyu introduced that Zhongcheng Qingtai Law Firm was named the first batch of "National Excellent Law Firms" in 2005. In recent years, Zhongcheng Qingtai Jinan Law Firm has developed its business, set up branches, public welfare of law firms, development of lawyers, future planning and other basic information of law firms. He also said that in recent years, Hong Kong and the mainland have cooperated closely, and the law firm is willing to strengthen exchanges and cooperation with the Hong Kong legal profession, so as to serve the overall situation of economic and social development in legal cooperation. Zhen Zhuoning and his entourage fully affirmed the development of innovative ideas, development plans and foreign-related legal services of the law firm, introduced their respective legal business in Hong Kong in turn, and expressed their willingness to carry out exchanges and cooperation with Zhongcheng Qingtai Law firm. look forward to achieving win-win cooperation between the two sides.

2023-04-20