-
Overview of Core Terms Analysis of Commercial Real Estate Leasing Contracts - From the Tenant's Perspective
2023 02/01Author:Jiang Liyong、Qin YiCommercial real estate such as office buildings, shops, and commercial complexes typically have a longer lease term, ranging from 5 to 15 years. Compared to residential leasing, commercial real estate leasing has a higher rent, and tenants often need to invest in larger decoration costs before entering the premises. Commercial real estate leasing contracts are the code of conduct for lessors and lessees over a long period of time, and the terms of the contract are closely related to the commercial interests of both parties. Both the previous Contract Law of the People's Republic of China and the current Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") have outlined the key issues of the lease contract. Although some local government departments have provided exemplary lease contract templates, the specific terms of a lease contract generally depend on the autonomy of the parties to the contract. -
Understanding the tax treatment of converting a "limited company" into a "partnership"
2023 01/31Author:Jia MengmengSince November 2022, tax authorities in multiple regions have begun to investigate the situation where "limited companies" have been converted into "partnerships" without liquidation, and have conducted interviews with the enterprises, shareholders, and partners involved. Tax cases involving "unliquidated tax payments in the form of enterprise conversion organizations" have erupted in multiple regions. This article will clarify the origin, handling methods, and focus of disputes of this type of case. -
Employment management problems after COVID-19 infection returned to Class B management
2023 01/19Author:Under the policy of "Class B A control" for COVID-19 pneumonia, on December 7, 2022, the State Council issued the Notice on Further Optimizing the Implementation of COVID-19 Prevention and Control Measures in response to the joint prevention and control mechanism for novel coronavirus infected pneumonia, stipulating that the isolation policy for COVID-19 patients should change from centralized isolation to home isolation, supplemented by centralized isolation. -
"Pfizer's" P drug "is difficult to obtain. What are the legal risks involved in copying and selling generic drugs?"?
2023 01/18Author:Sun JiaqiWith the opening of epidemic control, Pfizer's PAXLOVID generic drugs have entered the public's vision. What exactly is a generic drug? What are the legal risks when selling and purchasing generic drugs? This article may give you some answers. -
"The implementation of the Xinjiang Related Act continues to expand, and how should Chinese enterprises respond?"
2023 01/11Author:Jiang Liyong 、Qian WenjieIn early January 2022, the United States Customs and Border Protection (hereinafter referred to as "the United States Customs") detained a batch of Chinese dates at the port of Oakland, California, under the Xinjiang Related Act, on the grounds that these dates were produced in Xinjiang and the packaging was printed with the "Xinjiang Construction Corps" icon [1]. This event indicates that the implementation of the Xinjiang Related Program is not limited to specific products such as photovoltaic, cotton, and tomatoes. Therefore, if exporters lack knowledge of the risks involved in Xinjiang, they may result in the export goods being detained or even destroyed by the United States Customs. The following will briefly introduce the key points of the Xinjiang Related Act and the coping strategies of Chinese enterprises in this new context. -
A Brief Comment on the First Case of False Statements in the Inter bank Bond Market in China
2023 01/06Author:GUO Jinhui 、Dai WeisiOn December 30, 2022, the Beijing Financial Court issued a first instance judgment on the court's No. 1 case, "Blue Stone Assets and a Bank and Other Securities Misrepresentation Liability Dispute Case." This case, as the first nationwide dispute case on the liability for misrepresentation in the interbank bond market, has a landmark significance. In the judgment, whether the Securities Law of the People's Republic of China (hereinafter referred to as the "Securities Law") is applicable to the interbank bond market and its judicial interpretation "When a misrepresentation is not subject to administrative penalties or effective criminal judgments by regulatory authorities, how the court determines it, and the consideration and review of the elements of tort liability in a misrepresentation case are groundbreaking. They further compact the responsibilities of bond underwriters and bond service institutions, emphasizing that institutional investors have a higher duty of care,", It has great reference value for the judicial practice of the future interbank bond market and even the entire bond misrepresentation case. -
Which enterprises are suitable for compliance construction?
2022 12/26Author:Dong XiaohuaSeveral recent cases have prompted me to consider which enterprises involved are suitable for compliance construction. -
Overseas Investment Trading Series | I have heard that you have two intentions, so I have come to make a decision on the exit arrangement
2022 12/23Author:Xian YuWhether Chinese companies invest through greenfield or brownfield, in overseas investments and with counterparties, they ultimately need to confirm the commercial arrangements for their investments in relevant transaction agreements, such as equity acquisition agreements and shareholder agreements. An important part that partners should consider when determining the underlying legal documents is the relevant exit arrangements. In the business world, the life cycle of a joint venture company can vary, but on average, the median life of a joint venture company is 10 years, which means that it is important to draft fully considered exit clauses in the relevant legal documents of the joint venture company. At the same time, a complete negotiation exit arrangement is also a legal protection against the failure of an investment project. However, at the initial stage of the project, the mood of the partners is passionate and they are confident about the cooperation prospects. In the project model, the focus is on the cash flow forecast above the breakeven point. Stress testing is more to prove the feasibility of the project than to consider and respond to the extreme black swan situation. In addition to matching the investment strategy and development strategy of the enterprise, the final exit mechanism is also relatively complex: unlike other mechanisms, exit mechanisms are scattered across different parts of the contract, including default clauses, compensation clauses, and dilution clauses. Therefore, we believe it is necessary to conduct a centralized review of the exit mechanism to assist Chinese enterprises in their overseas investment work. -
Overseas Investment Trading Series | Introduction to the New EU Vertical Exemption Regulations
2022 12/22Author:Xian Yu"Wealth Management · Shiye" has been officially launched since today. Every half month, we summarize important policies, regulations, and regulatory information on wealth management, finance, and related industries at home and abroad. We are willing to share industry information and cutting-edge trends with you, enhance the professional level of our departments through in-depth research, create a unique service platform in the wealth management field of Gaopeng Law Firm, and contribute to the development of the financial field. Sincerely invite and thank you for your attention!