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Analysis Summary of International Sale and Purchase Agreement for Liquefied Natural Gas (LNG) -- From the Buyer's Perspective
2022 07/12Author:Jiang Liyong, Zhang BoIn recent years, the number of liquefied natural gas (LNG) produced and imported in China has continued to increase significantly. In 2021, China surpassed Japan in the amount of LNG imported, becoming the world's largest LNG importer. As a major LNG importer, many import enterprises in China need to sign LNG purchase and sales agreements with overseas LNG exporters or sellers. Due to the characteristics of commodities, LNG purchase and sales agreements have formed a unique model and habit, but they may not be very familiar to Chinese companies newly entering this field. Gaopeng Law Firm has reviewed relevant LNG international sales contracts on behalf of relevant domestic companies. As a relevant attorney, this article, from the perspective of domestic buyers, provides a preliminary introduction to several typical terms and issues that need to be noted in purchase and sales agreements, in order to help Chinese enterprises facing similar cases better respond to such contractual and legal issues. -
If the lessee goes bankrupt, does the financial leasing lessor have the right to exercise the right to retrieve the leased property?
2022 07/08Author:Zhao Li, Jia WeiboArticle 242 of the Contract Law stipulates: "The lessor enjoys the ownership of the leased property. If the lessee goes bankrupt, the leased property does not belong to the bankruptcy property." Before the introduction of the Civil Code, there was no significant controversy regarding the bankruptcy of the lessee and the possibility of the financial leasing lessor to retrieve the leased property in accordance with Article 242 of the Contract Law, and mainstream judicial practice also supports this. However, the Civil Code has adjusted this provision of the Contract Law. Article 745 of the Civil Code stipulates: "The ownership of the leased property enjoyed by the lessor shall not be registered against a bona fide third party.". Compared to the two, there are two adjustments: first, the expression "without registration, no one may oppose a bona fide third party." has been added; The second is to delete the statement "If the lessee goes bankrupt, the leased property does not belong to the bankruptcy property.". This additional statement has the intention of structuring a financial lease as an atypical security right and conditionally granting the lessor ownership of the leased property. The deletion of the expression seems to lead to uncertainty as to whether the lessor can retrieve the leased property in bankruptcy proceedings, and there is even a risk that it cannot be retrieved. -
How can lawyers provide legal services for the construction of compliance management systems for film, television, cultural and entertainment enterprises?
2022 07/07Author:Peng MeiyangCompliance legal services refer to the consulting services provided by lawyers to help enterprises prevent, identify, evaluate, report, and respond to compliance risks based on their understanding of relevant domestic and foreign laws and regulations, international organization rules, regulatory regulations, compliance requirements, business practices, and ethical norms in the industry and business field of the enterprise, as well as the articles of association and rules and regulations formulated by the enterprise in accordance with the law Special legal services and advisory services such as agency. -
"Social adjustment of population" or crimes involving population—— Eight Questions about the Guangxi Quanzhou Incident
2022 07/06Author:Feng Wei"Population and social adjustment" is probably a brand new "concept and vocabulary" that most Chinese people have hardly heard of or thought of before July 5, 2022. However, in this short day, a "Notice" from Quanzhou County, Guilin, Guangxi, has made this term popular throughout the network, and has also made the fate of children born beyond the family planning policy highly visible. -
How to provide legal services for compliance management of business partners for film, television, cultural and entertainment enterprises?
2022 07/04Author:Peng MeiyangBusiness partner management refers to the legal services provided to standardize and promote the compliance operation of business partners of customers in accordance with their compliance policies. In the context of global compliance, as an extension of business activities, business partners' violations often affect the enterprise itself. Enterprises that neglect compliance management of business partners often bear management responsibilities and business reputation losses. Therefore, larger enterprises or influential enterprises in the industrial chain often extend their compliance policies to business partner management. -
Things about "short videos"
2022 07/01Author:Zhang Jianli, Peng Meiyang, Wang JingWith the rapid development of the short video industry, cases involving short video copyright are also increasing year by year. According to the number of cases reported in the "News Briefing on the Trial of Short Video Copyright Cases" released by the Beijing Internet Court in April 2022, the number of cases involving short video copyright has great potential for growth and significant growth. In this monthly report, we will focus on "short videos". -
Not Equal Effort: Who has the greatest impact of antitrust amendments?
2022 06/29Author:Jiang Liyong, Qin YiOn June 24, 2022, the "Anti monopoly Law of the People's Republic of China" (hereinafter referred to as "Anti monopoly Law") was amended for the first time 14 years after its promulgation. This modification is not an average effort, but rather a relaxation. So who has the greatest impact on this practice? We believe that this amendment has the greatest impact on six categories of entities. In addition, we will briefly analyze the draft for comments on six supporting department regulations issued by the General Administration of Market Supervision on June 27, 2022. -
"Although it's too late, it's bound to arrive!"!
2022 06/27Author:Xian YuAt 19:55 p.m. on June 2, 2022, the China Securities Investment Fund Association (hereinafter referred to as the Association) released the Notice on Matters Related to the Registration and Filing of Private Fund Managers (ZJXZ [2022] No. 203, hereinafter referred to as the Notice on Registration and Filing) on its official WeChat official account. The Registration and Filing Work Notice has issued a total of four documents. On the one hand, it updated the "List of Application Materials for Registration of Private Fund Managers" (hereinafter referred to as the 2022 List or the 2020 List, which is divided into two categories of managers: securities and equity) issued in 2020, and on the other hand, it has newly issued the "Points of Attention for Filing of Private Investment Funds" (hereinafter referred to as the "Points of Attention for Filing", which is divided into two categories of funds: securities and equity). Given that the "Registration and Filing Work Notice" is an important regulatory policy document of the Association in recent years, major law firms have conducted many interpretations and explanations of the document No. 203. "A good meal is never too late. After participating in the training organized by the association to further master and clarify regulatory standards, we conducted a practical interpretation of the specific content of this change, combined with market operations, and provided relevant analysis opinions. We hope to be helpful to the compliance management of private fund managers.". -
Interpretation of the Key Points of the Amendment to the Anti monopoly Law
2022 06/26Author:Gao LiangOn June 24, 2022, the 35th meeting of the 13th Standing Committee of the National People's Congress passed the decision of the Standing Committee of the National People's Congress on revising the "Anti monopoly Law of the People's Republic of China", and the newly revised "Anti monopoly Law" will officially enter into force on August 1, 2022. The newly revised "Anti monopoly Law" is the first large-scale revision of the "Anti monopoly Law" that came into effect in 2008. From the perspective of content, the newly revised "Anti monopoly Law" is a comprehensive revision based on the experience of the past 14 years of anti monopoly law enforcement. The revised content is very rich, including not only the four pillars of the anti monopoly law, namely, concentration of operators, monopoly agreements, abuse of market dominance, and administrative monopoly, but also aspects such as anti monopoly administrative investigation and legal liability. The following is an explanation of the key issues involved in the newly revised "Anti monopoly Law".