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信托进入不良资产处置的法律安排及在监管新规下的意义
2022 09/30Author:鲜瑜一、信托进入不良资产处置的路径讨论目前不良资产企业及信托公司积极的介入了房产企业的不良资产管理业务。本月中信信托首单资产隔离财产权信托项目成功落地,“中信信托·顺义上和府财产权信托项目”、“中信信托·密云上河院财产权信托项目”于8月份在中国信登完成了初始登记。该项目为中信信托、中信银行与中信城开共同设立的业内首单以资产隔离为目的,以项目底层资产作为信托财产的财产权信托项目,通过运用信托机制,落实“ -
S基金及法律尽调实务简析
2022 09/29Author:鲜瑜一、什么是S基金顾名思义,有二级(secondary)的基金,则对应应该有一级(primary)的基金。在传统的一级基金(primary fund)的场景里,投资人认购基金发行的份额,承诺根据基金管理人的打款通知支付投资款,以供基金管理人投资单体项目(单体模式)或挑选项目投资(盲池模式),等待项目成熟退出后获得基金分配的收益和本金。与按照一般性募集程序发行的一级基金(primary fund)相比,S基金则是专注于投资私募股权投资二级市 -
The policy of guaranteeing the delivery of housing and the "real estate rescue fund and disposal of non performing assets"
2022 09/20Author:Zhou YixinAfter the "owner's loan suspension" incident in July 2022, the CBRC issued three voice responses, and on July 28, 2022, the "guaranteed delivery building" was written into the Politburo meeting document. This means that "ensuring the delivery of the building" has become the top priority of real estate work this year. -
Bankruptcy Liquidation Series 4 | When does the litigation time effect of shareholder liquidation liability disputes begin to count?
2022 09/09Author:Zhao LiAccording to the provisions of Interpretation II of the Company Law, if a shareholder of a limited liability company is negligent in performing its liquidation obligations, resulting in the loss of the company's main assets, account books, important documents, etc., and is unable to carry out liquidation, thereby causing losses to the company's creditors, the creditors have the right to petition the shareholders to assume joint and several liabilities. However, neither the law nor the judicial interpretation clearly stipulates the starting point of the limitation of action for disputes over corporate liquidation liability, and there is considerable controversy over this issue in practice. So, when should the limitation of action for disputes over corporate liquidation liability be calculated? This article will clarify the answer to this question through two classic cases. -
虚假诉讼罪的审判实践——基于北京市49份裁判文书的实证分析
2022 09/07Author:陈聪《刑法修正案九》审议通过后,虚假诉讼罪被列入刑法调整范围。近年来,虚假诉讼案件呈高发趋势。笔者通过中国裁判文书网和威科先行等工具进行检索,获取北京市2016-2021年间虚假诉讼罪裁判文书共63份,发现北京市虚假诉讼罪案件在数量、时空分布等方面存在一定的特点,故以此作为样本具有一定的代表性。在样本选择过程中,关键词锁定为虚假诉讼罪,案由筛选选择刑事案件,地域选择北京市,检索后排除重复、无效样本,实际有效一审 -
Investment Model and Legal Risk Analysis of Film and Television Projects
2022 08/29Author:Peng MeiyangFor example, in the (2017) Hu 0110 Min Chu Case No. 5113, the court held that although the "Contract for the Joint Production of the 30-episode TV Series -
How does the court apply Article 25 of the Judicial Interpretation of the Insurance Law to disputes over personal insurance contracts?
2022 08/20Author:Li ZongjiangRecently, a personal insurance contract dispute case we represented was tried by the People's Court of Chaoyang District, Beijing, and the Beijing Financial Court. The case was finally settled through mediation. Although the case is concluded, the legal issues involved in the case are still worth considering. -
The transfer of equity based on land use rights should not be recognized as a crime
2022 08/18Author:Dong Xiaohua, Feng WeiAs the most important natural resource, land transaction at the national level has strict legal regulations and market supervision. As far as the right to use construction land is concerned, it can only be transferred according to law if certain conditions are met. Whether it is the Constitution, the Land Management Law, or other laws, or administrative regulations such as the Provisional Regulations on the Assignment and Transfer of the Right to Use Urban State-owned Land, it is prohibited to buy, sell, or illegally transfer land in other forms. The establishment of the crime of illegally transferring or reselling land use rights in Article 228 of the Criminal Law is the most severe punishment for illegal transfer of land. In practice, there is a very common phenomenon that company shareholders implement equity transfer with land use rights as the content. So, under the current legal system in China, can this situation be recognized as the crime of illegally transferring or reselling land use rights in criminal law? -
Online Violence Legal Regulation Series | Understanding Who Should Pay for Online Violence Infringements
2022 08/16Author:Feng ChengchengNetwork infringement generally includes infringement of personality rights, property interests, and intellectual property rights. In recent years, there are more and more common violations of personality rights, which are known as "cyber violence". "Cyber violence" also includes infringing on others' reputation, privacy, or impairing their personal rights. This article will tell you, "network violence" caused by infringement, who should bear the responsibility?