19
2025-12
The company distributed dividends mid-year but reported a loss at year-end. Can the dividends received by the corporate shareholders in the middle of the year be deemed invalid on the grounds that “there was no profit available for distribution at year-end due to the year-end loss”? Furthermore, can the annual loss incurred after the dividend distribution be retroactively used to negate the tax-exempt treatment? This article conducts an in-depth analysis of the above-mentioned disputes, drawing on the facts of the case and relevant legal provisions, and provides a legal basis for handling the case.
2025-12-19
18
2025-12
Perspective | A Legal Analysis of “Anti-Collection” Practices in Financial Loan Disputes
In recent years, an anti-collection industry—characterized by legal services as a gimmick, highly standardized rhetoric, and a strong focus on the online space—has been steadily gaining momentum. This industry not only disrupts financial order and infringes upon the legitimate rights and interests of financial institutions but also exposes borrowers to risks such as personal information leaks, property losses, and even criminal liability. This article analyzes the underlying causes of this phenomenon and offers recommendations aimed at curbing the spread of anti-collection activities through multi-party collaboration and comprehensive measures, thereby safeguarding financial order and the social integrity system.
2025-12-18
17
2025-12
If a shareholder transfers equity before the expiration of the capital contribution deadline, is the transferring shareholder liable for the failure of the transferee to make the full and timely capital contribution? This issue has yielded different conclusions at various times, depending on the transition between the old and new Company Laws and changes in relevant judicial interpretations. Under the old Company Law, emphasis was placed on shareholders’ time-based interests; in principle, shareholders who transferred equity before the capital contribution deadline were not held responsible for whether the transferee subsequently made the contribution on time—unless the transfer itself was undertaken in bad faith. In contrast, the new Company Law places greater emphasis on ensuring that corporate capital contributions are made on time. Accordingly, if a shareholder transfers equity before the capital contribution deadline and the transferee fails to make the full and timely contribution, the transferor shall bear supplementary liability for the unpaid portion of the contribution. This article will analyze the responsibilities of shareholders who transfer equity before the capital contribution deadline, drawing upon relevant provisions of both the old and new Company Laws, associated judicial interpretations, and court precedents.
2025-12-17
16
2025-12
In debt enforcement proceedings, if the debtor transfers property or establishes additional mortgages on such property to shift responsibility assets, it directly jeopardizes the creditor’s chances of recovering their claims. Recently, a typical dispute over the creditor’s right of avoidance came to a close. The court, in accordance with the law, invalidated the debtor’s property transfer and subsequent mortgage registration, thereby removing significant obstacles to the realization of the creditor’s claims. This case not only demonstrates the judicial application of the creditor’s right of avoidance but also provides important guidance for similar cases through its trial logic and key legal points.
2025-12-16
16
2025-12
The newly revised “Anti-Monopoly Law of the People’s Republic of China” enacted in 2022 has brought about significant changes to the penalties imposed on concentrations of business operators. The enhanced severity of these penalties has substantially increased the costs of violating the law by failing to file a required notification. Under these circumstances, businesses now face even stricter compliance requirements. Since 2023, the legal and regulatory framework governing concentrations of business operators has been steadily refined, including documents such as the “Guidelines for Review of Horizontal Concentrations,” the “Regulations of the State Council on Standards for Filing Concentrations of Business Operators,” the “Regulations on the Review of Concentrations of Business Operators,” and the “Benchmark for Discretionary Powers in Administrative Penalties for Illegally Implemented Concentrations (Trial).” This article analyzes the framework for reviewing concentrations of business operators in the antitrust field, taking into account the new developments and regulatory trends reflected in the aforementioned legal documents, and explores insights and pathways for enterprises to effectively implement compliance management.
2025-12-16
15
2025-12
To prevent and mitigate risks associated with lawyers’ practice and to enhance their awareness of compliant professional conduct, on December 11, the Jinan Office of Zhongcheng Qingtai held a special training session titled “Practice Risks and Professional Discipline.” The event was chaired by Li Hui, a member of the Risk Control Implementation Committee of the Jinan Office. He Zefeng, Deputy Director of the Jinan Office Management Committee, and Cui Shouxu, a member of the Management Committee and Director of the Risk Control Implementation Committee, delivered keynote speeches. The event also featured a special training session led by Pang Shuying, Deputy Secretary-General of the Jinan Lawyers Association and Director of the Complaint Receiving and Investigation Center. Lawyers from various departments within the Zhongcheng Qingtai Jinan region participated in this learning session through both online and offline formats.
2025-12-15
15
2025-12
In international commercial trade, independent guarantees and standby letters of credit—important forms of international security—provide beneficiaries with robust protection thanks to their “pay-on-demand” independence. As international trade continues to expand, these instruments have become widely adopted; however, this widespread use has also led to a growing number of disputes involving independent guarantees and standby letters of credit in China. In 2016, the Supreme People’s Court issued the “Provisions of the Supreme People’s Court on Several Issues Concerning the Adjudication of Disputes over Independent Guarantees,” thereby clarifying the legal application of independent guarantees. Yet, under China’s current legal framework, no explicit rules govern the legal application of standby letters of credit. A judgment rendered by the Second International Commercial Tribunal of the Supreme People’s Court has filled this gap by, for the first time, clearly defining the legal rules applicable to standby letters of credit. This article will analyze this landmark case to interpret the legal application of standby letters of credit and to elucidate the criteria for determining “guarantee fraud” committed by the beneficiary of a counter-guarantee.
2025-12-15
15
2025-12
In traffic accidents involving collisions with commercial vehicles such as taxis and ride-hailing cars, the owners of these commercial vehicles typically claim compensation from the party at fault for the loss of income incurred during the vehicle’s repair period. However, if the owner of the vehicle causing the accident has purchased commercial insurance, the insurance company often refuses to pay out, citing that the insurance contract explicitly excludes indirect losses from coverage. So, should the insurance company be responsible for covering the loss of income due to vehicle downtime? This article will analyze this issue in conjunction with specific case examples.
2025-12-15
12
2025-12
In disputes arising from real estate joint development contracts, the party bearing the primary responsibility for development and operation often argues—on the grounds that “the project has not been fully sold” or “statutory taxes and fees have not been fully settled”—that the conditions for profit distribution have not been met, thereby refusing to pay the cooperating party its due share of profits. Such defenses not only involve the interpretation of contractual terms but also touch upon the nature of the joint development legal relationship, the distinction between internal settlement and external tax obligations, and the boundaries of the application of the principle of good faith and fair dealing in commercial practice. Drawing on a final-instance case successfully litigated by the author, this article systematically examines the reasoning behind judgments in such disputes and provides an analysis of relevant judicial trends.
2025-12-12
05
2025-12
December 4, 2025, marks the 12th Constitution Promotion Day, and December 1 to 7 will be the 8th Constitution Promotion Week. According to a joint notice issued by the Publicity Department of the CPC Central Committee, the Ministry of Justice, and the National Office for Popularizing the Law, this year’s “Constitution Promotion Week” campaign is themed: “Study, Publicize, and Implement Xi Jinping’s Thought on the Rule of Law, and Promote Deep Understanding of the Constitution Among the People.”
2025-12-05
Zhongcheng Qingtai Jinan Region
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