-
Overseas Financing Transaction Series | Interest Rate Chapter: Written on the eve of LIBOR interest rate conversion
2022 11/10Author:Xian YuIn the past few decades, Interbank Offered Rate (LIBOR) has been the cornerstone of the global financial system, providing a reference for pricing various financial agreements, the most important of which is the London Interbank Offered Rate (LIBOR). By 2018, when the global market decided to shift from LIBOR, there were approximately $400 trillion worth of financial agreements around the world that were linked to LIBOR pricing (financial agreements included everything from derivative financial agreements to loan agreements and interest rate agreements). Currently, major global markets, including the Hong Kong Monetary Authority, the Bank of England, and the Federal Reserve Bank of New York, have made it clear that no LIBOR interest rate agreement can be entered into after December 31, 2021. Certain dollar denominated LIBOR agreements are valid until June 30, 2023, but are limited to legacy contracts. According to the "Best Practices for Completing the LIBOR Transition from LIBOR" and other guidance documents published by the Alternative Reference Rates Committee (ARRC), it is no longer recommended to use US dollar LIBOR as the reference interest rate for new commercial loan agreements signed after June 30, 2021; If market participants still insist on using US dollar LIBOR in loan agreements, they need to at least ensure the inclusion of fallback language, and ensure that there are other interest rate mechanisms that can replace LIBOR after the disappearance or loss of representativeness of US dollar LIBOR. -
Special Topic on Financial Crimes | Analysis of the Eight Arguments on the Crime of Obtaining Loans by Deception
2022 11/08Author:Feng Wei 、Chen Cong、Zhu Ting进入21世纪以来,我国的银行业经历了十多年的黄金发展期,存贷规模高速增长,行业整体盈利水平明显高于其他行业,但由于相关制度的缺失和监管的空白,粗放化管理和发展的特点比较突出,导致整个银行业市场乱象丛生。进入新的发展时期,一系列行业乱象治理的专项行动也相继提上日程。2020年2月20日,中国银保监会办公厅《关于预防银行业保险业从业人员金融违法犯罪的指导意见》中也明确将信贷业务领域违法犯罪行为作为重点金融领域 -
Do tax authorities have the right to file and inspect cancelled enterprises?
2022 11/07Author:Jia Mengmeng"If an enterprise has tax risks and cancels them as soon as possible, will the risks also be lost?" The answer to this question was originally clear, "If the enterprise has a criminal risk of being suspected of fraudulent, then even if it is cancelled, the criminal liability of the relevant responsible person has not been eliminated. If there are tax related violations such as tax evasion and underpayment, then the cancellation of the legal entity, like the death of a natural person, should no longer be held accountable." -
合同纠纷案件中保全保险费承担主体的裁判要旨
2022 11/03Author:郭金辉、戴维斯随着2016年《最高人民法院关于人民法院办理财产保全案件若干问题的规定》正式确立财产保全责任险制度,司法实践中以财产保全责任险(以下统称“保全保险费”)的方式提供担保、申请财产保全的案件越来越多。但鉴于现行法律和司法解释并未就保全保险费的主体承担问题作出明确规定,在合同纠纷中对于原告主张诉讼保全保险费由被告承担的请求是否支持,司法裁判中存在截然不同的观点。本文拟通过对此类问题司法裁判数据的梳理和裁判 -
Legal Risk Prevention and Control for the Whole Process of Construction Projects -- From the Perspective of Dispute Resolution by the Employer
2022 10/26Author:Sun LiyuanConstruction projects are characterized by strong professionalism, long cycles, and complex processes. Based on the fact that construction projects are related to public safety and livelihood security, relevant laws and regulations impose mandatory regulations on the quality of construction projects and market order [1]. Due to the particularity of construction projects and the special requirements of supervision, the legal risks of construction projects have their unique characteristics. Based on previous experience in specialized legal services and case representation in construction projects, this article proposes suggestions for the prevention and control of legal risks in construction project disputes from the perspective of the employer. -
对民政部门作为遗产管理人的思考与建议
2022 10/21Author:于江 、任振江遗产管理人制度是《民法典》在继承领域的创新,新制度为依法、妥善处理被继承人的遗产提供了崭新的指引。既然是制度创新,在实践操作中则难免产生摸着石头过河的困惑。笔者结合近期代理的几起民政部门作为遗产管理人的案件,就其中的一些办案体会、思考与各位读者分享,以资交流探讨。遗产管理人产生的方式有多种,囿于篇幅所限,本文仅限于讨论民政部门作为遗产管理人的相关问题。一、民政部门成为遗产管理人的法律依据《民法典 -
Legal Strategies for Removing "Unconfirmed List" (UVL) Enterprises from US Export Controls
2022 10/20Author:Qian WenjieOn October 13, 2022, the Bureau of Industry and Security (BIS) of the United States Department of Commerce officially published 31 "Unconfirmed Lists" ("UVL Lists") in the Federal Register, emphasizing the possibility of converting UVLs into "Entity Lists". -
Discussion on the Joint Venture Case between Pudong Airport and China Eastern Airlines Logistics: The First Case of Anti monopoly Examination of Concentration of Operators with Restrictive Conditions for Domestic Enterprises
2022 10/11Author:Jiang Liyong, Zhang BoOn September 14, 2022, the Second Department of Anti monopoly Law Enforcement of the State Administration of Market Supervision and Administration announced the "Notice of the State Administration of Market Supervision and Administration on the Decision of the State Administration of Market Supervision and Administration on Approving the Anti monopoly Review of the New Joint Venture Case between Shanghai Airport (Group) Co., Ltd. and Eastern Airlines Logistics Co., Ltd. with Additional Restrictive Conditions". The case has attracted considerable attention from the public. Because it is not only the first time that China's antitrust law enforcement authorities have imposed restrictive conditions on the merger and acquisition of two Chinese enterprises, but also the first case of conditional concentration of operators in the civil aviation cargo industry and the airport industry, which deserves the attention of state-owned enterprises, as well as civil aviation cargo, logistics, and airport related enterprises. -
Bankruptcy Liquidation Series 5 | Do the execution funds that have been entered into the account of the enforcement court but have not yet been paid to the applicant for enforcement belong to the bankruptcy property of the person subjected to enforcement?
2022 10/08Author:Zhao Li, Jia WeiboWhen the people's court decides to accept a bankruptcy application, the execution money that has been deducted from the account of the execution court but has not yet been paid to the applicant for execution appears to have been out of the actual control of the person subjected to execution. Can it be considered that the execution money has been paid to the applicant for execution?Or does the execution amount still belong to the bankruptcy property of the person subjected to execution?This article will reveal the answer to this question through the analysis of relevant cases.