08
2024-10
Article 54 of the new "Company Law" stipulates that if a company cannot pay off its due debts, the company or the creditors of its due creditor's rights have the right to require shareholders who have subscribed their capital contributions but have not reached the deadline to pay their capital contributions in advance. Among them, there are still many interpretations in the application of judicial practice on the conditions for accelerating the maturity, the subject of the request for accelerating the maturity, and the path of paying the capital contributions, which need to be further clarified.
2024-10-08
30
2024-09
Mineral Legal Perspective... Analysis of common legal issues in mining rights mortgage.
As a kind of property right, mining right has the characteristics of beneficial property right in legal nature, and can be used as mortgage guarantee according to law. In practice, mining rights as collateral can certainly be used as an effective way of financing for mining enterprises, and mining enterprises can use their legally owned mining rights as collateral to apply for loans from banks or other financial institutions to obtain funds to support their production and operational activities. The author will combine the provisions of relevant laws and regulations and normative documents to analyze and summarize the legal issues related to the mortgage of mining rights.
2024-09-30
30
2024-09
Minerals Legal Perspective. Is it illegal to sell mineral products with only prospecting rights?
According to Article 6 of the detailed rules for the implementation of the the People's Republic of China and Mineral Resources Law, prospecting right refers to the right to explore mineral resources within the scope of the exploration license obtained in accordance with the law. Mining right refers to the right to mine mineral resources and obtain the mined mineral products within the scope of the mining license obtained in accordance with the law. According to the above definition, the owner of the mining right can only sell the mined mineral after obtaining the mining right. So, if the owner of the mining right only obtains the prospecting right, is it necessarily illegal to sell the mined mineral?
2024-09-30
30
2024-09
In business activities, it is sometimes encountered that shareholders write off the company without paying their capital contributions, which poses a challenge to creditors to realize their claims. The following will elaborate on how creditors realize their claims and analyze them in the light of actual cases.
2024-09-30
30
2024-09
Point of View | Does the sale of refurbished auto parts constitute trademark infringement?
Under normal circumstances, the replacement of auto parts does not exist again into the market, but some waste parts after renovation, can be used again. Then whether the sale of refurbished auto parts that have not removed the trademark on the original auto parts constitutes infringement needs to be determined according to the specific circumstances.
2024-09-30
30
2024-09
On the one hand, the new company law stipulates that the amount of capital contribution should be fully paid within five years, leaving the time limit for shareholders to make up the amount of capital contribution greatly shortened; on the other hand, when the company was originally established, it subscribed for capital contribution beyond the scope of strength. If monetary capital contribution is implemented, it is difficult to raise this amount in a short time, so the company's shareholders began to consider the physical capital contribution, and "celebrity paintings, antiques" and so on also belong to the physical, whether it belongs to the company law of the type of capital contribution?
2024-09-30
26
2024-09
In the practice of government procurement in China, the vast majority of government procurement projects adopt the comprehensive scoring method, that is to say, these projects will encounter the problem of whether the score setting in the evaluation criteria corresponds to the quantitative index of the evaluation factors. By analyzing the handling of government procurement complaints by the financial department, this paper summarizes the practical problem-solving methods closely related to the comprehensive scoring method, such as the setting of evaluation factors, the quantitative index of evaluation factors, and the setting of scores.
2024-09-26
18
2024-09
International Legal Vision | Chinese Enterprises Russian Import and Export Trade Compliance Manual
This paper discusses the legal issues that Chinese enterprises need to pay attention to when conducting international trade with Russian enterprises from the aspects of market access, tariff barriers, product certification, import quota and import license management, commodity inspection and quarantine, electronic and information supervision, payment security and sanction risks, contract performance and dispute resolution.
2024-09-18
18
2024-09
Certain development units establish joint ventures with external investors after obtaining project approval documents and develop and construct projects by transferring project approvals to joint ventures. Is this cooperative development method recognized by the court as a "sale road"? If it is recognized as a "sale road", what is its effectiveness?
2024-09-18
11
2024-09
Viewpoint... On the development of the burden of proof of medical infringement in China.
China's provisions on the burden of proof in medical tort are not static, but in the repeated game, roughly formed: who advocates who proof-the burden of proof inversion-multiple burden of proof distribution stage of these three stages.
2024-09-11
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
