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Corporate Compliance Series | Procedural Essentials for Applying Criminal Compliance to Enterprises from the Top Ten Typical Cases
2022 04/21Author:On the morning of April 2, 2022, the Supreme People's Procuratorate and the All-China Federation of Industry and Commerce held a special meeting to officially announce the "official announcement" - the pilot of the compliance reform of enterprises involved in the case was fully launched in the national procuratorial organs. In other words, since April 2, criminal compliance work will no longer be carried out only in pilot procuratorial organs. Procuratorial organs throughout the country can carry out criminal compliance work on enterprises involved. Currently, the procuratorial organs of 10 pilot provinces have handled 766 cases involving enterprise compliance, including 503 cases where the third-party supervision and evaluation mechanism (hereinafter referred to as the "third-party mechanism") is applicable; The procuratorial organs of some non pilot provinces have actively explored and promoted relevant work within the framework of the pilot documents based on local conditions, handling 223 compliance cases, including 98 cases applicable to third-party mechanisms. The types of cases are constantly enriched and expanded. -
An Analysis of the Latest Regulations on QFLP Funds in the Detailed Rules of the Beijing Administration of Foreign Exchange
2022 04/20Author:Xian YuOn April 6, 2022, the Beijing Administration of Foreign Exchange further issued the "Notice on Printing and Distributing the" Implementation Rules for the Pilot Policy of Deepening Capital Account Facilitation Reform in Beijing "(the" Implementation Rules "), which is another major policy update following the" Notice on Further Improving the Capital Account Facilitation Level in Beijing "issued by the Beijing Administration of Foreign Exchange on March 10, 2020. The implementation rules aim to further enhance the level of cross-border investment and financing facilitation in Beijing, promote the expansion and opening up of the capital's financial industry, and assist in the construction of the comprehensive demonstration zone for the expansion and opening up of the national service industry and the China (Beijing) Pilot Free Trade Zone. The implementation rules include nine chapters, which mainly include expanding the pilot scope of one-time registration of foreign debts, simplifying the management of foreign debt accounts, simplifying the foreign exchange management of the qualified overseas limited partner system, simplifying the foreign exchange registration management of overseas listing of domestic companies, simplifying the foreign exchange registration management of foreign employees of domestic listed companies participating in equity incentive plans, and expanding the pilot scope of domestic and foreign currency integrated fund pools for multinational companies Institutional innovations have been made in matters such as in-process and post event supervision and risk prevention and control, and one-time registration of foreign debts of enterprises in the Beijing Free Trade Zone, the Qualified Foreign Limited Partner System (QFLP) in Beijing, the registration, change, and cancellation of overseas listing of domestic companies in Beijing, and the registration, change, and cancellation of participation of foreign employees in equity incentive plans of domestic listed companies in Beijing, Specific business guidelines have been issued in the form of annexes to the implementation rules for the five businesses of multinational companies' local and foreign currency integrated fund pools. The relevant provisions of the Implementation Rules and its annex, "Guidelines for the Pilot Foreign Exchange Management of the Qualified Foreign Limited Partner System (QFLP) in Beijing" ("QFLP Foreign Exchange Guidelines"), further clarify the relevant landing issues of QFLP funds in Beijing. This article will attempt to provide a brief introduction to the QFLP foreign exchange guidance in conjunction with the "Interim Measures for Conducting Qualified Foreign Limited Partners Pilot Projects in this City" (the "Interim Measures") issued by the Beijing Local Financial Supervision and Administration Bureau and the Beijing Municipal Market Supervision and Administration Bureau on May 6, 2021. -
Epidemic Related Legal Practice Series | Labor Employment and Related Litigation and Arbitration Legal Issues during the Epidemic Period
2022 04/19Author:Gaopeng (Shanghai) Law Firm Banking Finance Team1、 Q&A on wages of workers during the epidemic
Question 1: How to calculate the wages and benefits of workers during the period of legal isolation? -
Marriage and Family Affairs Series | How to Distinguish the Application of Property Agreements between Couples and Donations between Couples
2022 04/19Author:Yang Dong xue"The marital property agreement and the gift between husband and wife are contracts signed by husband and wife for the distribution and ownership of property, and are important systems for family property. However, Article 1065 of the Civil Code and Article 32 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China (I) do not clearly distinguish between the application of the marital property agreement and the gift between husband and wife, and the parties have not clarified the relationship between the two in practice.", This article aims to clarify the relationship between the two through question and answer methods and clearly distinguish the consequences of different legal relationships, which can help effectively curb the deterioration of the crisis and protect family and personal property when a family crisis occurs. -
Practical Discussion on Environmental Pollution Control of Bankruptcy Liquidation Enterprises
2022 04/18Author:Wang Mingtao、Yang Liu、Qiu WanyaAs the country's attention to environmental issues has become increasingly high, various regions have increased their supervision of chemical enterprises, and have introduced stricter environmental policies. In recent years, due to a series of reasons such as the continuous rise in the price of chemical raw materials and the overlapping epidemic, many chemical enterprises have faced difficulties in operating and went bankrupt. Some chemical enterprises have caused environmental pollution and damage to social and public interests during their operations, and have not been treated or repaired. After entering the bankruptcy and liquidation process, it is unclear whether the company has become insolvent and continues to undertake the repair obligations for environmental pollution control, what nature of the repair costs for environmental pollution control are in the bankruptcy process, and to what extent the administrator has performed his duties in dealing with environmental pollution issues of the bankrupt and liquidated enterprises compared to relevant laws and regulations such as the Enterprise Bankruptcy Law. Therefore, based on our lawyers' experience in handling bankruptcy and liquidation cases, this article elaborates on our understanding of the above issues related to managing environmental pollution from bankruptcy and liquidation enterprises during bankruptcy and liquidation. This view only represents the view of Gao Peng's author. -
Epidemic Related Legal Practice Series | Crime of Obstructing the Prevention and Control of Infectious Diseases Related to Epidemic Diseases
2022 04/15Author:On March 31, 2022, the Supreme People's Procuratorate released the sixteenth batch of typical cases involving the COVID-19 handled by national procuratorial organs in accordance with the law, including the case of Mao who was suspected of interfering with the prevention and control of infectious diseases (the "Nanjing Mao Old Lady Case") due to his serious violation of the prevention and control regulations and the widespread spread of the epidemic. According to the disclosure of the highest level inspection, the suspect Mao refused to participate in the nucleic acid test when he knew that he was at risk of contracting COVID-19, and went out shopping and playing cards in the chess and card room for many times without taking any protective measures. After experiencing symptoms, he repeatedly hung up on the phone from the police and disease control department, and therefore intended to conceal the history of living in high-risk areas from the hospital, resulting in the closure of the hospital and the isolation of a large number of medical personnel. Upon investigation, there were 169 close contacts with Mao and 570 close contacts, of which 70 were diagnosed. Mao's behavior seriously disrupted the order of epidemic prevention and control, causing adverse social impact. On February 27, 2022, Mao was arrested with the approval of the procuratorate on suspicion of obstructing the prevention and treatment of infectious diseases. -
Epidemic Related Legal Practice Series | Community Group Purchase Convention Written by Shanghai Lawyers during the Epidemic Period
2022 04/14Author:Fang XiaofengAccording to the requirements of Shanghai's zoning control, citizens are encouraged to purchase daily necessities through online orders without leaving their homes. The online shopping method of community group buying quietly emerged during the epidemic and gradually occupied a place. -
Corporate Compliance Series | Eight Questions to Clarify EU Sanctions Policy against Russia
2022 04/13Author:Xian YuAfter the outbreak of the Russia-Ukraine conflict this year, the United States, the European Union and their allies escalated against Russia. The industry has conducted in-depth discussions on the economic sanctions and export controls imposed by the United States on Russia. Although the EU's sanctions policies have no extraterritorial effects, Chinese enterprises also pay attention to EU related sanctions policies, especially transactions and related contracts with EU elements. The following is a brief introduction to the EU's sanctions policy in the form of question and answer. -
Tax Compliance Series | Reflections on Tax Risks and Compliance Construction in the Webcast Industry
2022 04/12Author:Jia MengmengRecently, the State Internet Information Office, the State Administration of Taxation, and the State Administration of Market Supervision and Administration jointly issued the "Opinions on Further Regulating the Profit Making Behavior of Webcast to Promote the Healthy Development of the Industry", which requires "to strengthen the normative guidance of the profit making behavior of Webcast, encourage and support the lawful and compliant operation of Webcast, and promote the development of the Webcast industry in a standardized and standardized manner." That is to say, This year is the year of compliance for the online live streaming industry and the year of regulation and regulation of the platform economy. From last year's online celebrity anchors Sydney, Lin Shanshan, and Wei Ya to this year's online anchor Ping Rong (net name: Lv Sister-in-law Ping Rong), multiple online celebrity anchors have been investigated for tax evasion, causing widespread discussion and attention from all sectors of society. This undoubtedly signals that the platform live streaming industry should strengthen tax compliance construction. In this article, we will discuss the tax risk points of the online live streaming industry and the key points of tax compliance management.