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Trust Practice Issue 2: Whether the external guarantee and domestic loan business must go through the registration/filing procedures
2020 06/10Author:Shen Min, Zhu Yan, Wang Huan, Dong XinyiFirst, the formulation of questions
In the course of providing project legal services to trust companies, the author's team often encounters arrangements for projects involving overseas entities to provide guarantee guarantees. -
One of the "Trust Practice Issues": how to apply the capital ratio of foreign-invested real estate projects
2020 06/09Author:Shen Min, Zhu Yan, Wang Huan, Dong XinyiFirst, the formulation of questions
On September 9, 2015, the State Council promulgated the Notice on Adjusting and Improving the Capital System for Fixed Asset Investment Projects (Guo Fa [2015] No. 51) (hereinafter referred to as "Guo Fa No. 51"), which stipulates that except for affordable housing and ordinary commercial housing projects, the minimum capital ratio of other real estate projects shall be adjusted to 25%. -
Civil Code Aftermath on "Legal Marriage"
2020 06/04Author:Fan Xiaofengoverview
Marriage, commonly understood as a legally recognized relationship between a man and a woman for the purpose of living together, is generally recognized by society. The creation of the marriage system is one of the typical examples of human beings as civilized creatures different from other social creatures, and it is an institutionalized achievement in the development of human civilization. -
The boundary of responsibility of the custodian of the private fund
2020 05/27Author:In July 2018, the Pudong branch of Bank of Shanghai, a custodian bank, was besieged by investors due to the disappearance of the private equity fund manager of Fuxing Group, which triggered extensive discussion on the boundaries of custodian liability. Interestingly, at that time, the official website of the Banking Association also "frightened" the Asset Management Association and expressed different opinions, and the impact of this incident on the bank's acceptance of custody business is still far-reaching. -
DANGDANG network control battles the dragon and the tiger fight
2020 04/30Author:Li Li, Mao ZhiyingThe issue of corporate control is already a cliché, and it is also one of the necessary matters that every entrepreneur should and must consider in the early stage of entrepreneurship, but just when everyone felt good, the incident of Li Guoqing, the founder of Dangdang.com, once again taught everyone a very vivid lesson. For a time, it quickly occupied the headlines of various circles, and everyone also watched this gorgeous "regular palace fight" upgrade to "forcing the palace to seize power". -
Transactions involving VIE structure are filed for concentration of undertakings, and VIE anti-monopoly filing should enter the new normal
2020 04/28Author:Jiang LiyongRecently, a low-key transaction has attracted the attention of competition law practitioners, which indicates that the anti-monopoly filing of enterprises involved in VIE structures has achieved a breakthrough. It also means that the policy position of the anti-monopoly law enforcement authorities on the declaration of VIE-related enterprises may have occurred or will change. -
The project manager's labor contract and social security are divided into two places, how to determine the ownership of labor relationship?
2020 04/22Author:Publicity【Basic facts of the case】
Company A is the general contractor of a residential project, and Company B is its shareholder unit, and Company B, as a partner, carries out construction in the name of Company A. Fu is an employee of Company B, joined Company B in May 2014 and signed a labor contract with the company to engage in on-site management. Due to the needs of the cooperative project, on November 24, 2014, Fu was assigned by Company B to work in the residential project, and the corresponding qualification certificate was registered in the name of Company A for the implementation of the project. At the same time, -
Can WeChat chat, Weibo, Douyin short videos, etc. be used as evidence?
2020 04/15Author:Li minThe Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings, which will come into effect on May 1, 2020, adds a new provision on electronic evidence: -
Falsely withdrew 300,000 yuan, turned himself in and reduced the sentence of probation
2020 04/08Author:Liu RuxiangLu Moumou is the secretary of the general manager of a company, keeping the bank card of the general manager on behalf of the general manager, and needs to fill the deficit due to the failure of stock speculation, and he takes out nearly 300,000 yuan in batches through the ATM machine, and takes it for himself. After the general manager discovered the case, the investigators summoned him to the police station for investigation, and Lu was criminally detained. Lu's family found the criminal defense team of our firm, and lawyers Liu Ruxiang and Wang Xi carried out active and effective defense work after accepting the entrustment, and finally the defendant Lu Moumou was given a reduced punishment and sentenced to three years in prison and four years of probation.