19

2024-07

Viewpoint... Analysis: "the People's Republic of China Rural Collective Economic Organization Law"

On June 28, 2024, the 10th meeting of the Standing Committee of the 14th National People's Congress of the People's Republic of China promulgated the the People's Republic of China Rural Collective Economic Organization Law, which will come into force on May 1, 2025.

2024-07-19

19

2024-07

Viewpoint. Can the annual audit report be used as a basis for determining the independence of one-person limited liability company and shareholder property?

This paper combines the trial ideas of the Supreme Court and the local court's effective judgment documents, aiming to provide reference ideas for the shareholders of a one-person limited liability company, and also provide reference for the evidence of such shareholders involved in the lawsuit.

2024-07-19

17

2024-07

Viewpoint... How directors avoid the risk of liquidation liability under the new Company Law.

The new "Company Law" stipulates the "dual" liquidation duties of directors. When the company's operation "ends" and "the prosperity ends", the "dual" liquidation duties of directors are easily ignored, and the company, creditors and other interested parties are held accountable. The probability increases. Therefore, it is necessary to explore how directors can avoid the risk of liquidation liability under the new Company Law.

2024-07-17

17

2024-07

Civil and Commercial Perspective... Can compensation be paid for the termination of labor contracts in violation of the company system.

On July 3, 2019, an information company signed a written "labor contract" with Zhang, agreeing that Zhang would serve as a children's English teacher. The term of labor is a probationary period of six months from the date of signing to the legal termination conditions. On May 17, 2023, an information company served a notice of termination of the labor contract to Zhang on the grounds that Zhang violated the company's rules and regulations and labor discipline, and terminated the labor contract between the two parties. Zhang applied to a district labor and personnel dispute arbitration committee for arbitration with an information company as the respondent.

2024-07-17

17

2024-07

International Legal Perspective | Anti-monopoly Compliance Points of Information Exchange between Chinese Enterprises in China and the EU

For Chinese enterprises, how to avoid violating the anti-monopoly law while ensuring the smooth progress of business cooperation is an urgent problem to be solved. Based on the basic principles of anti-monopoly regulation, this paper analyzes the anti-monopoly risks in information exchange, and provides countermeasures and suggestions for Chinese enterprises.

2024-07-17

12

2024-07

Viewpoint... An effective defense of contract fraud from a commercial acceptance bill case.

Financial cases often involve the intersection of criminal and civil. This paper combines its own practical experience in handling cases, and takes the issues involved in commercial acceptance bills in financial cases from the perspective of criminal and civil intersections as the direction of discussion for reference.

2024-07-12

12

2024-07

Viewpoint. The legal liability and consequences of the shareholders of a limited liability company under the new Company Law for failing to pay the capital contribution in full and on time.

It is the basic obligation of shareholders to pay their capital contributions in full and on time, and the new Company Law has comprehensively revised the provisions on the liability of shareholders' capital contributions, further strengthening the liability of shareholders' capital contributions. Based on the provisions of the new Company Law, this paper combs the legal liability and consequences of the shareholders of a limited liability company who fail to pay their capital contributions in full and on time and puts forward practical suggestions for reference.

2024-07-12

12

2024-07

Viewpoint | From the "tanker mixed loading" incident, talk about food safety responsibility

Recently, the investigation report published by the Beijing News, "Investigation on Chaos in Tanker Transportation," revealed that there is a situation in the tanker transportation industry where food liquids and chemical liquids are mixed and not cleaned. This paper analyzes the legal liability issues related to food safety involved in the incident in combination with relevant laws and regulations, judicial interpretation and so on.

2024-07-12

12

2024-07

Point of View | How to Relief Victims Refuse Not Arrest

This paper combs the relief ways of the victim's non-arrest decision, with a view to realizing the protection of the rights of the victim, so that the relief of the victim's non-arrest decision is legal and orderly.

2024-07-12

10

2024-07

Viewpoint | Analysis of the effectiveness of the Company's Overall Transfer Contract

The "Company's Overall Transfer Contract" is an important legal document for the equity transfer of a one-person limited company. It not only requires the transferor and the transferee to negotiate the price and other content, but also requires the corresponding equity transfer procedures at the industrial and commercial registration authority. Whether it is the transferor or the transferee, in the event of a dispute between the two parties, the biggest risk is that the "contract of transfer of the company as a whole" is found to be invalid.

2024-07-10

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