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"De facto marriage" after the Civil Code
2020 08/26Author:Fan Xiaofeng"With the construction of the rule of law in society, people's legal awareness has been greatly improved. It is rare to see marriages not being registered, but in some areas where legal awareness was still shallow in the past, marriage registration has not received enough attention, and even some people with ulterior motives simply ignore the legal system of marriage registration. According to the provisions of our law, marriages should be registered. Only after the marriage has been legally registered by the marriage registration office will the marriage relationship be protected by law. Those cases in which they live together in the name of husband and wife without registration with the marriage registration office are what we call de facto marriages. -
"The Past and Present of Hong Kong's Separate Customs Area"
2020 08/25Author:Wang Leihe US government's cancellation of Hong Kong's status as a separate customs territory has aroused concern from all walks of life. A separate customs area is a special concept in the WTO that refers to a region with a high degree of autonomy in trade and the implementation of separate customs tariff rules and trade rules. -
Trust Practice Issues No. 5: Validity of Alternative Mortgage Registration
2020 08/19Author:Shen Min, Zhu YanAccording to the above-mentioned provisions of the Property Law, the author's team understands that there is no prohibition on the provision of mortgage guarantees for third-party debts for the right to use state-owned construction land and construction projects under construction (i.e. buildings under construction), and the right to use state-owned construction land and construction in progress can provide collateral guarantees for third-party debts. -
The terms of the bet are really not that simple! Reflections on legal issues arising from VAM clauses
2020 08/12Author:Xie Xiangyang, Zheng XiaoxiaoVAM clauses are already a familiar concept for professionals engaged in related fields. According to the Minutes of the Nine People, the so-called "VAM agreement" in practice, also known as the valuation adjustment agreement, refers to an agreement designed by the investor and the financier to solve the uncertainty, information asymmetry and agency cost of the target company, including equity repurchase, monetary compensation and other adjustments to the valuation of the future target company when the investor and the financier reach an equity financing agreement. -
Trust Practice Issue No. 4: The legal nature and effect of advance dividends
2020 08/05Author:Shen Min Zhu YanLegally, shareholders can distribute profits from the project company, provided that the project company meets the conditions for profit distribution. Pre-dividend is a concept created, which is a term for distributing shareholders under the conditions of non-compliance with profit distribution by the project company, and in essence, we understand that pre-dividend is the project company's lending of surplus funds to shareholders for use, and actually forming a current payment between shareholders and the project company. -
A powerful means of securities investor protection: A commentary on the Provisions of the Supreme People's Court on Several Issues Concerning Representative Litigation in Securities Disputes
2020 08/03Author:Ding YongToday, the Supreme People's Court held a press conference and officially issued the Provisions of the Supreme People's Court on Several Issues Concerning Representative Litigation in Securities Disputes (the "Provisions"). The Provisions are a strong response of the judiciary to the protection needs of investors in the domestic securities market, and an important part of implementing Article 95 of the newly amended Securities Law of the People's Republic of China and ensuring that the representative litigation system under Articles 53 and 54 of the Civil Procedure Law of the People's Republic of China is effectively implemented in the field of securities dispute litigation. -
The revision of the Administrative Punishment Law conflicts with the administrative supervision measures of the securities industry
2020 07/22Author:Ding YongThe Administrative Punishment Law of the People's Republic of China has been amended twice since its implementation on October 1, 1996, and this year it has been overhauled. The draft of the revised draft has been published in full on the Chinese website for public comment. One of the most interesting points of this revision is that the types of administrative punishments have been adjusted and some new types of punishments have been added. -
From the perspective of the "Minutes of the Nine People", the judicial determination of "significant lack of capital" is made
2020 07/15Author:Xie Xiangyang01. Dismantling of the concept of "significant lack of capital"
Article 12 of the Minutes stipulates that a significant lack of capital refers to a significant mismatch between the amount of capital actually invested by shareholders in the company after the establishment of the company and the risks implied by the company's operation. -
The Amendment to the Criminal Law (11) (Draft) adds the offence of obstructing safe driving
2020 07/13Author:Bian WenbinThe crime of obstructing safe driving refers to the behavior of passengers using violence or snatching driving control devices against the driver of a moving public transport vehicle, interfering with the normal operation of the public transport, or the driver beating each other with others, endangering public safety.