16

2024-08

Mineral Law Perspective | Conditions and Basis for the Continuation of Prospecting Rights

According to the current law, the period of new establishment, renewal and retention of prospecting rights is 5 years. If the prospecting right owner has not completed the exploration work within 5 years and still needs to continue the exploration work, he shall apply for the continuation of the prospecting right in time to prevent the loss of the prospecting right and the loss of the initial investment. In order to ensure the effective continuation of prospecting rights, prospecting rights owners should pay attention to the following seven aspects:

2024-08-16

14

2024-08

International Legal Perspective | Legal Guide to Foreign Investment in M & A in Brazil

Driven by the wave of globalization, cross-border investment and mergers and acquisitions have become an important way for enterprises to expand the international market and optimize the allocation of resources. Brazil, as an economic giant in Latin America, attracts the attention of global investors with its rich natural resources, huge market scale and increasingly open investment environment. This article discusses the legal framework for foreign investment access and approval in Brazil, tax compliance, industry regulation and compliance, labor law compliance, intellectual property protection and trade secret security, merger and acquisition legal procedures and compliance, etc., aiming to help investors better understand and respond to the legal issues that may be encountered in the investment process in Brazil.

2024-08-14

13

2024-08

International Legal Perspective | Full Chain Analysis of Environmental Impact Assessment of Indonesian Factory Construction

The Environmental Impact Assessment (EIA) is a crucial part of building a plant in Indonesia to ensure that the construction and operation of the plant do not cause irreversible negative impacts on the local environment. Indonesia's EIA system mainly includes AMDAL, UKL-UPL, RKL-RPL and SPPL, which are aimed at factories of different sizes and locations.

2024-08-13

12

2024-08

Viewpoint... Who will pay for the loss caused by illegal absorption of public deposits?

Recently, the author received a criminal judgment of first instance in the case of illegal absorption of public deposits by a certain A, in which the judgment of the return of stolen goods and compensation is expressed as "to recover the illegal income of a certain A; A and the actual controller of the group company shall bear the joint liability for refund and compensation within the scope of the losses caused by it." According to the provisions of Article 64 of the Criminal Law, the illegal gains of criminals should be recovered, and there is no dispute in judicial practice, but there are different standards in the practice of local courts as to whether the general personnel involved in non-absorption should bear the joint liability for refund and compensation with the actual controller of the company. The author also wants to take advantage of this case to discuss with you the subject of the responsibility for the refund.

2024-08-12

12

2024-08

Viewpoint | What are the responsibilities of the original shareholders and the transferee for the transfer of equity due to the false capital contribution of shareholders?

Capital adequacy is the basic principle of company law, full capital contribution is the basic obligation of shareholders, shareholders' capital contribution is not only the basis of the company's operation, but also the company's external trust guarantee. In practice, there are cases where shareholders transfer their defective equity to a third party, and the transferee does not find the defect. Then, if the shareholder's capital contribution is defective and the equity is transferred to the outside world, should the original shareholder and the transferee be liable to the creditor within the scope of the false capital contribution?

2024-08-12

09

2024-08

Viewpoint... Who will pay for the loss caused by illegal absorption of public deposits?

Recently, the author received a criminal judgment of first instance in the case of illegal absorption of public deposits by a certain A, in which the judgment of the return of stolen goods and compensation is expressed as "to recover the illegal income of a certain A; A and the actual controller of the group company shall bear the joint liability for refund and compensation within the scope of the losses caused by it." According to the provisions of Article 64 of the Criminal Law, the illegal gains of criminals should be recovered, and there is no dispute in judicial practice, but there are different standards in the practice of local courts as to whether the general personnel involved in non-absorption should bear the joint liability for refund and compensation with the actual controller of the company. The author also wants to take advantage of this case to discuss with you the subject of the responsibility for the refund.

2024-08-09

07

2024-08

Viewpoint... The structure of offshore trusts: a case study of Longfor Family Trust.

As one of the important tools for wealth protection and cross-generational transmission, trust has developed quite well in common law countries and offshore financial hubs, and many family businesses regard it as the preferred mechanism for the smooth transfer of equity. Within the framework of China's current trust regulations, attempts to build a local equity civil trust system still face many challenges and restrictions, which has prompted many entrepreneurs to prefer offshore family trusts as an alternative.

2024-08-07

07

2024-08

International Legal Vision | A diagram to understand the process of acquiring an Indonesian company

For companies planning to enter the Indonesian market, the acquisition of local companies can not only quickly gain market share, brand influence and local resources, but also effectively avoid market entry barriers, thereby accelerating the internationalization process. This article will take you through the flow chart to understand the key steps and precautions for the acquisition of Indonesian companies, and provide navigation for your overseas M & A journey.

2024-08-07

05

2024-08

Civil and Commercial Perspective... Can you claim the return of alimony and claim mental loss after fraudulently raising children born out of wedlock?

In September 2018, Wang and Dong got married. During the existence of the marriage relationship, Dong gave birth to a son, Wang Xiaomou. As Wang Xiaomou grew up, neighbors often joked to Wang, saying that Wang Xiaomou was too handsome to be like Wang, and listened to similar languages. Gradually, the relationship between Wang and Dong became more and more tense, and the two parties agreed to divorce. After the divorce, Wang felt more and more that Wang Xiaomou was not his own, so he followed the advice of his friends and conducted a paternity test. The result of the test was unexpected. Wang Xiaomou, who had been raised for many years, was not born to him. Therefore, Wang wants to sue Dong to return alimony and compensate 500000 yuan for mental losses. So should Wang's demands be supported?

2024-08-05

05

2024-08

Viewpoint... The act of hiding, transferring, intentionally damaging property or transferring property without compensation, and transferring property at an obviously unreasonable low price in the crime of refusing to execute.

The author analyzed more than 600 cases by searching the judgment document network, and briefly classified and listed the specific manifestations in the judicial judgment of the property involved in the crime of refusal to hide, transfer, vandalism or free transfer, as well as the transfer of property at an obviously unreasonable low price.

2024-08-05

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