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Tax Compliance Series | Viewing the Tax Compliance of Brokerage Institutions from the New Regulations of Radio and Television
2022 06/09Author:Jia MengmengOn May 30, 2022, the State Administration of Radio and Television issued a notice on the Administrative Measures for Brokerage Agencies in the Field of Radio, Television, and Online Audiovisual Services. Article 1 of this article clarifies that the purpose of these measures is to "regulate brokerage activities in the field of radio, television, and online audiovisual services, strengthen the management of brokerage institutions and personnel, and clarify the rights and obligations of brokerage institutions and personnel." So, as an "institution that provides contract signing, promotion, agency, and other related activities for actors, guests, hosts, network anchors, and other personnel, how should it do a good job of tax compliance in accordance with the provisions of this document? Here, we take the reader to explore. -
Epidemic Related Legal Practice Series | "Shared Employment" - Solving the Urgent Need for Enterprises to Resume Work and Production
2022 06/08Author:Qiu RuhuaIn March 2022, the outbreak of the epidemic in Shanghai caused most enterprises to stop production. As the epidemic was gradually controlled, Shanghai has successively released a number of "white lists" of enterprises that resumed work and production. Meanwhile, Shanghai and various districts have also issued guidelines for industrial and commercial enterprises to resume work and production. However, enterprises that resumed work and production are limited to five categories: urban operation support, epidemic prevention material support, important function support, continuous production operations, and supporting infrastructure support. In a short period of time, employees of enterprises that have resumed work may not be able to return to work normally due to epidemic prevention and control measures, resulting in short-term job shortages in enterprises that have resumed work, while a large number of labor forces in enterprises that have not yet resumed work are idle. Under this short-term employment conflict, if the idle labor force of enterprises that have not yet resumed work is transferred to those that have not yet resumed work, on the one hand, it can help the enterprises that have resumed work to resume production smoothly; On the other hand, enterprises that have not resumed work can continue to enjoy employment subsidy support, reducing the pressure on wage payment. The author of this article analyzes the legal relationship under the "shared employment" model in order to provide guidance for enterprises to share employment. -
Epidemic Related Legal Practice Series | Is the contract stamped on the scanned copy valid during the epidemic?
2022 06/07Author:The COVID-19 is raging, and various regions have taken different closure and control measures, and closure and control have also had an impact on the signing of contracts between enterprises. In general, when a contract is concluded in the form of a contract, both parties need to sign, seal, or fingerprint the contract. During the pandemic, affected by containment measures, the parties to the contract may not be able to sign the same contract. If one party signs and seals the contract and sends the scanned copy to the other party by email, and the other party signs and seals the scanned copy before sending it back by email, is the contract concluded in this way valid? -
Epidemic Related Legal Practice Series | Empirical Research on Issues Related to the Performance of Exhibition Contracts during the Epidemic Period
2022 06/02Author:Cao YingSince late March 2022, the highly infectious new variant of novel coronavirus, Omikron, has made the situation of epidemic prevention and control in Shanghai more serious. Shanghai people actively responded to the call of the government, strictly implemented the prevention and control policy of "staying at home", and pressed the pause button for entertainment and cultural activities, which has also had a huge impact on Shanghai, a city famous for rich cultural and recreational activities, One of the most representative is that various exhibition activities are difficult to hold as scheduled. Given that the specific time for the extension of the exhibition cannot be determined, there are also many confusion between the exhibitors and the organizers on how to properly handle the performance of the exhibition contract. This article mainly summarizes the guiding opinions in judicial practice on issues related to the inability of the exhibition contract signed between the organizers and the exhibitors to be held on time due to epidemic prevention and control requirements, With a view to helping both parties properly handle disputes over exhibition contracts. -
Overseas M&A Transaction Series | Box Lock or No Lock, from the practical observation of the the Belt and Road
2022 06/02Author:Xian YuIn the past few years, I have participated in M&A transactions, and I feel that Chinese companies are increasingly using lockbox mechanisms (or de facto lockbox mechanisms) to complete M&A transactions in the process of overseas M&A. This is also consistent with the trend observed by practitioners in other regions of the world (Ireland, the United Kingdom, South Africa, and other places). As a Chinese practitioner, I would like to make some observations on this trend. -
Epidemic Related Legal Practice Series | Q&A on Marriage and Family Law during the Epidemic Period
2022 05/31Author:Wang DandanQuestion 1: The man and the woman have entered into an engagement, and the man has given the bride price to the woman. After the woman contracted COVID-19, can the man repent and ask for the return of the bride price? -
Bankruptcy Liquidation Series (II) | Can shareholders directly apply to the court for compulsory liquidation when a company undergoes statutory dissolution?
2022 05/27Author:Zhao LiAccording to the provisions of the Company Law, the expiration of the business term specified in the company's articles of association is one of the reasons for the dissolution of the company. If the company is dissolved due to the expiration of the business term, a liquidation group should be established within 15 days from the date of the occurrence of the reason for dissolution to begin self liquidation. The question is, if the company's business term has expired but has not yet been dissolved, can its shareholders or creditors directly apply to the people's court for compulsory liquidation of the company on the grounds that the company has not established a liquidation team to conduct liquidation within the time limit? This article reveals the answer to this question through a case of the Supreme People's Court. -
Epidemic related Legal Practice Series | What about the postponement of the construction period under the COVID-19
2022 05/27Author:Wang LiliThe epidemic situation of novel coronavirus pneumonia (hereinafter referred to as "COVID-19"), which broke out in Wuhan, Hubei Province in January 2020, has developed rapidly and spread throughout the country. At that time, the whole country was fighting the epidemic; After the epidemic has been effectively controlled, it has entered the normalization stage of epidemic resistance. -
Does the leading actor in the movie "Secret Visitor" constitute the crime of illegal detention?
2022 05/26Author:Dong XiaohuaRecently, I watched a movie called "Secret Visitor", and due to the professional sensitivity of legal professionals, I began to think about an interesting plot in it: the male host's son died in a school bus accident, and the school bus driver was found to have no legal responsibility after trial. The male host couldn't accept this reality, so he took the school bus driver who had been in a coma for a long time to his basement. When the driver woke up, he told him that he was wanted for legal responsibility for the car accident. The driver was afraid of going to jail, so he asked the host to take him in. The host agreed to let him stay in the basement, but made him think about turning himself in. The male host collected all the TV and newspapers at home, keeping the driver informed of the outside situation. In this way, the driver has been cheated and spent three years in the basement of the man's house until he learned the truth later.