-
Overseas Financing Transaction Series | Term Sheet: Taking the LMA Guide as an Example
2022 05/07Author:Xian YuIn the financing of overseas transactions, the lender expresses its willingness to participate after initial contact with the borrower, and will send a term sheet to the borrower, including the basic information of the loan, as well as the security measures and financial commitment arrangements established based on the judgment of the borrower and the project's risk points. The lender and borrower will further discuss the term sheet, clarify more information, and negotiate a mutually acceptable version. The determined term sheet becomes an important document for the internal resolution of the lender's credit committee, and becomes the basis for both parties to negotiate and determine the loan agreement after being approved by the credit committee. It can be seen that the term sheet is an important document connecting the preceding and the following in financing transactions. During the working phase of the term sheet, both parties communicated on risk points and corresponding risk pricing, reached an agreement, and laid the cornerstone of the entire transaction. -
Epidemic Related Legal Practice Series | Epidemic Disease Is Not a Universal Weapon for Exemption from Liability in Sales Contracts
2022 05/07Author:Li TingyuSince 2022, the COVID-19 has swept through Shencheng again. In order to effectively curb the spread of the epidemic in large areas, Shanghai has implemented such epidemic prevention measures as temporary "regional closure and control", "shutdown and production suspension of enterprises and companies". This will inevitably have an impact on the timely performance of sales contracts for goods, commodities, and housing. For example, sales contract disputes caused by the buyer's failure to pay the goods on schedule, and the seller's delay in delivering the goods are expected to increase significantly. During the epidemic prevention and control period, if the sales contract fails to pay for the goods or deliver the goods as agreed, can the parties claim cancellation of the contract or exemption from liability on the grounds of force majeure? On April 10, 2022, the Shanghai Higher People's Court issued the Third Series of Questions and Answers on the Application of Law in Cases Involving the COVID-19 (2022 Edition), in which Question 2 points out that according to Article 180 of the Civil Code of the People's Republic of China, force majeure means unforeseeable, unavoidable and insurmountable objective conditions, and the epidemic situation and epidemic prevention and control measures are generally force majeure prescribed by law; "If the purpose of the contract cannot be achieved due to the epidemic situation or epidemic prevention and control measures, the parties may claim to terminate the contract in accordance with the provisions of Article 563, Paragraph 1, Item 1, of the Civil Code of the People's Republic of China;"; "If the epidemic situation or epidemic prevention and control measures prevent the performance of the contract, the parties may claim exemption or partial exemption in accordance with the provisions of Article 590, paragraph 1, of the Civil Code of the People's Republic of China.". -
Discussion on Marriage Property Agreement in Mainland China from the Perspective of Big S Divorce and Flash Marriage
2022 05/06Author:Wu AilingIn some Western countries, especially the United States and Europe, it is common for men and women to choose to sign prenuptial property agreements before marriage. Both parties include requirements related to property, obligations, and other aspects in the agreement before marriage, which can not only protect their own rights and interests on the premise of mutual recognition by both parties, but also avoid many conflicts and disputes that may arise after marriage. In China, prenuptial property agreements are far from universal, but with the development and progress of society, more and more people are considering actively signing a property agreement before marriage. In life, if a couple's relationship breaks down and they have not signed a marital property agreement, it is often difficult for both parties to reach an agreement on the division of their common property through consultation at that time, leading to the need to bring a lawsuit to court and bring it to court. After a divorce lawsuit goes through the first instance process, one or both parties are dissatisfied with the division of property, and then appeal. After the second instance, the party who is not satisfied with the division of property may even apply for a retrial. Only after a lengthy and tortuous litigation process can both parties ultimately make the property relationship clearly determined, which is too costly. Currently, in order to make marriage more pure and free, more and more ordinary people (especially those living in tier 1 and tier 2 large cities), except for wealthy and celebrities, are actively choosing to sign property agreements before marriage to avoid the troubles caused by marital property entanglement in the event of a future breakdown of the relationship between the two parties. In judicial practice, once the marriage ends, a divorce lawsuit occurs. Within the current legal framework, a legal and effective marital property agreement often becomes the main basis for the court to divide the property of both parties. Therefore, how to sign a legal and effective marital property agreement has become increasingly important. The following article will discuss the issue of marital property agreements in the mainland, starting with the recent hot issue of the divorce between Da S and Wang Xiaofei and the flash marriage between Da S and Ju Junye. -
Administrative Agreement Dispute Practice Series (1) | From the Perspective of a Government Franchise Agreement Litigation
2022 05/05Author:Zhao Li 、Jia WeiboThe contract we usually refer to is a civil and commercial contract, which is very familiar to everyone. Many people find administrative contracts relatively unfamiliar (in order to be consistent with the concepts explicitly stipulated in the law, hereinafter collectively referred to as "administrative contracts" as "administrative agreements," both of which are actually one thing). -
Tax Compliance Series | Looking at the Key Industries and Objects of Tax Inspection in 2022 from the "Tax Case Notification" of the State Administration of Taxation
2022 04/29Author:Since August 26, 2021, when the "Tax Case Notification" column was launched on the official website of the State Administration of Taxation, several typical cases have been announced. From the typical cases published by the State Administration of Taxation from January 2022 to now, we can roughly predict the key industries and targets for tax inspection this year. -
Enterprise Compliance Series | Talking about Key Compliance Areas in the Film, Television, Culture, and Entertainment Industry from Zhang Ting, Lin Ruiyang's Suspected MLM Event
2022 04/28Author:Peng MeiyangRecently, Zhang Ting and Lin Ruiyang were once again on the hot search list. According to relevant media reports, the Darway company founded and operated by Zhang Ting and Lin Ruiyang was suspected of engaging in pyramid selling activities, resulting in the closure of 96 properties held by the company's wholly-owned subsidiaries, Shanghai Zhenhong Biotechnology Co., Ltd. and Shanghai Giant Yiwang Industrial Co., Ltd., with a value of 1.7 billion yuan. From the end of 2021 to the beginning of 2022, our compliance team introduced issues related to corporate compliance construction regarding the suspected pyramid selling incident of Zhang Ting Lin Ruiyang Company. This article will then explore issues related to key compliance areas in the film and television entertainment industry through this event. -
Epidemic Related Legal Practice Series | Brief Analysis of Commercial Housing Lease Contract Disputes in Shanghai during the Epidemic Period
2022 04/28Author:Lu JunchengIn the early spring of 2022, novel coronavirus broke out again in Shanghai. The prevention and control measures taken to prevent the rapid spread of the Omicron virus also had an inevitable impact on the production and operation of most enterprises. On April 10, 2022, the Shanghai Higher People's Court issued the Third Series of Questions and Answers on the Application of Law in Cases Involving the COVID-19 (2022 Edition), explaining the core issues in disputes over commercial housing lease contracts during the epidemic. To help you gain a deeper understanding, this article briefly analyzes relevant judicial cases in this city before, and hopes to correct any shortcomings. -
Inventory 2021 - A Year of Patent Protection Events
2022 04/26Author:Liu Danni2021 is the first year of the "14th Five Year Plan". Although we need to face the impact of the COVID-19, on the basis of multiple factors such as policy measures, market environment, and enterprise demand, China's patent industry has still delivered a brilliant report card. On the occasion of the upcoming World Intellectual Property Day and the official launch of the National Intellectual Property Publicity Week, I have summarized a number of important events that I believe occurred in the patent field in China in 2021 based on the timeline for the benefit of readers. -
Corporate Compliance Series | Which corporate crime cases can be applied to corporate compliance?
2022 04/25Author:Dong Xiaohua 、Zhu TingThe pilot work of the compliance reform of enterprises involved in the case has been quietly carried out from within the procuratorial organs, to a groundbreaking event in the practical and theoretical circles, triggering widespread attention and heated discussion from all walks of life in the society, and to the comprehensive promotion of the procuratorial organs throughout the country. A significant measure and system for equal protection of the legitimate rights and interests of enterprises has been formed. So, can enterprises, entrepreneurs, and relevant responsible persons involved in enterprise related crimes apply this reform system in order to obtain the treatment of non arrest, non prosecution, and probation? The answer is no, let's take a specific look.