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Under the epidemic, the use of "force majeure" clauses in bond defaults is examined
2020 03/03Author:Liang JianSince January 2020, the novel coronavirus pneumonia epidemic has spread throughout the country. With the development of the epidemic, local people's governments at all levels have launched primary and secondary response measures for public health incidents, although these measures have effectively controlled the epidemic, but the epidemic has also brought serious negative impacts on the production and operation of enterprises and the development of China's economy. In addition to enterprises that ensure epidemic prevention and control, basic people's livelihood and urban operation, the business of many domestic enterprises has been shut down, among which the service industry (such as catering, hotels, tourism, offline consumption, offline commerce, etc.) and labor-intensive industries have been greatly impacted. This situation will inevitably result in defaults on future maturing bond products. -
The U.S. Securities and Exchange Commission issued a public statement on coronavirus risk disclosures
2020 02/24Author:Chen JunOn February 19,2020,U.S.Securities and Exchange Commission(“SEC”)and Public Company Accounting Oversight Board(“ -
The causes and consequences of the unemployment insurance job stabilization return (enterprise job stabilization) policy
2020 02/24Author:Li JunWhat is "unemployment insurance stable job return"? In one sentence, it can be interpreted as "the unemployment insurance fund provides incentives to eligible enterprises to stabilize employees' positions." -
Three hours to complete a criminal case during the epidemic, is it a violation?
2020 02/24Author:Wang XiOn February 14, 2020, the Fengman District People's Court of Jilin City applied the expedited judgment procedure to open the trial and pronounced a verdict on the spot for a crime of obstructing public service during the epidemic, and the defendant Yu Moumou was sentenced to 8 months in prison. From the acceptance of the case to the pronouncement of the verdict in court, it took only 3 hours. Once this case was reported, it triggered everyone's discussion, does it not violate the relevant laws and regulations for the court to handle a criminal case in 3 hours? The answer is definitely not violation, because the expedited procedure is used. Recently, many criminal cases during the epidemic have applied this procedure, so today we will talk about what is the expedited judgment procedure. -
Does "new crown pneumonia" constitute force majeure and lead to the inevitable termination of the operating housing lease contract?
2020 02/21Author:Shen WeiliangSince January 2020, the "new crown pneumonia" has been the hardest hit area in Wuhan and quickly broke out nationwide. Accordingly, the State Council and various provinces and cities have successively adopted a series of targeted epidemic prevention and control measures such as appropriately extending the Spring Festival holiday, postponing the resumption of work of enterprises, and closed management of communities, and the prevention and control measures taken by the central government and local authorities in this epidemic prevention and control have had a significant impact on many industries in society. Accordingly, this article will focus on whether the "new crown pneumonia" can constitute force majeure and lead to the inevitable cancellation of the housing lease contract when the tenant, especially small and medium-sized enterprises, has signed a housing lease contract before the prevention and control of the "new crown pneumonia" epidemic and the remaining lease period is long, and the current situation that the "new crown pneumonia" epidemic prevention and control needs to temporarily cannot use the house normally for operation? -
The boundary between this crime and other crime under the epidemic - the crime of endangering public safety by dangerous methods and the crime of obstructing the prevention and control of infectious diseases
2020 02/21Author:Yu Jia2020 is destined to be an extraordinary year, this sudden outbreak of new crown pneumonia touched the hearts of hundreds of millions of Chinese, and the haze of the virus shrouded the sky of China. In the past 2 months, everyone's mood has been like a roller coaster, experiencing emotion, anxiety and anger, we are touched by the love of frontline workers, and angered by those who ignore the health safety of others and the law. -
"Right of First Refusal" for Private Equity Funds
2020 02/21Author:Xie Xiangyang, Zheng Xiaoxiao1. What is the "preferential liquidation right" clause?
"Right of first refusal" clauses are commonly found in various types of investment agreements, including private equity investment agreements. Capital entering the portfolio company at a high premium usually does not exit at the normal price. Therefore, it is common to include a preferential liquidation clause in the investment agreement. The so-called "preferential liquidation right" clause generally refers to the clause that when the company is liquidated (deemed to be liquidated), the investor has the right to distribute the remaining assets of the company in priority over other shareholders in accordance with the investment agreement and other agreements. -
What entrepreneurs need to know about corporate equity inheritance legal issues
2020 02/20Author:Fan XiaofengArticle 75 of the Company Law of the People's Republic of China stipulates: "After the death of a natural person shareholder, his legal heirs may inherit the shareholder qualifications; However, except as otherwise provided in the articles of association". It's a very simple sentence, but the legal issues contained in it are not simple at all, and the author will dissect it for you. -
Legal analysis of the company's salary payment, lowering standards and terminating labor contracts during the epidemic
2020 02/19Author:Chen SiIn December 2019, some medical institutions in Wuhan successively appeared patients with pneumonia of unknown cause, which were later diagnosed with the new coronavirus (hereinafter referred to as the new coronavirus) and broke out on a large scale. In order to effectively control the spread of the new crown virus, the national level began to extend the Spring Festival holiday, and various localities issued corresponding documents to delay the resumption of work according to the specific situation of the epidemic, which in the case of Jiangsu Province was postponed to February 9, 2020, that is, February 9, 2020 24 Enterprises are not allowed to resume production before. Although it is now time to resume work, local governments have taken corresponding control measures in response to the spread of the epidemic. During this period, we will discuss how wages are paid, whether companies can lower their wage standards, and the ways to terminate their labor contracts, and the legal liabilities during this period.