20
2024-08
International Legal Vision | Multi-map Detailed Explanation of Enterprise ODI Filing Process
According to Article 2 of the measures for the Administration of overseas Investment by Enterprises, overseas investment refers to the investment activities in which the People's Republic of China domestic enterprises (hereinafter referred to as "investment subjects") directly or through overseas enterprises under their control, obtain overseas ownership, control, operation and management rights and other relevant rights and interests by investing assets, rights and interests or providing financing and guarantees. The approval and filing of Overseas Direct Investment (ODI) is the first step for investors to make cross-border investments. The investment entity shall go through the approval or filing of the project by the Development and Reform Commission and the Ministry of Commerce, and apply to the SAFE for foreign exchange registration with the relevant approval documents. This article combs the relevant processes of ODI approval and filing of investment entities for reference. 1. investment entity ODI approval and filing process Picture Approval and Filing Process of 2. Development and Reform Commission 1. NDRC approval process Picture 2. NDRC filing process Picture 3. Approval and filing process of the Ministry of Commerce Picture 4. SAFE Registration Process Picture 5. Summary After the approval and approval of the Development and Reform Commission, the Ministry of Commerce, and the State Administration of Foreign Exchange, investment entities can set up companies overseas, legally remit funds and carry out investment projects to realize the globalization strategy. Lawyers can assist companies in preparing compliance materials to ensure that the filing process is accurate, interpret complex laws and regulations to avoid potential legal risks, provide strategic advice and optimize investment plans, and communicate with the approval department on the company's basis when necessary to ensure smooth approval and help the company successfully achieve its cross-border investment objectives.
2024-08-20
16
2024-08
Viewpoint | Talking about "Intentional" in Criminal Law from Three Examples of Effective Defense"
China's criminal law is based on the principle of punishing intentional crimes, with the exception of punishing negligent crimes. At present, more than 80% of the more than 400 crimes in China's criminal law are intentional crimes. Thus, the judicial trial and criminal defense, the review and judgment of criminal intent occupy a pivotal position. Article 14 of my country's Criminal Law clearly defines criminal intent: "Those who know that their actions will result in harm to society, and hope or allow such results to occur, thus constituting a crime, are intentional crimes." Traditional criminal law practice often divides this article into two parts, which are interpreted as the cognitive factor of "recognizing the harmful consequences of one's actions" and the will factor of "hoping or letting go of the harmful consequences". Early criminal law theory also incorporated purpose into the scope of intentional consideration, aiming at comprehensively regulating "meaning hostile to the legal order". Recently, criminal law theory has made great progress. Should criminal intention include the possibility of illegality cognition, it is also discussed in the study of administrative offenders; even more radical, it is further discussed in the subjective aspect of the possibility of expectation, which directly determines the freedom of will. This paper is limited to space, focusing on the composition of cognitive factors, will factors and purpose factors, the possibility of illegality and the possibility of expectation, here no longer to discuss.
2024-08-16
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
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
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
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
