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Legal analysis on whether interested parties to the gratuitous transfer of state-owned equity have the right to exercise the right of pre-emption
2020 02/08Author:Tian Yi Gu ShurongMixed ownership economy refers to the mixed ownership economy of cross-shareholding and integration of state-owned capital, collective capital and non-public capital, which is an important form of realization of China's basic economic system. The reform of mixed ownership of state-owned enterprises has always been a hot spot in the market, and in the integration of various types of capital, it may involve the transfer of state-owned equity without compensation. For example, if Company A, a state-controlled listed company, its controlling shareholder, Company B, is a wholly state-owned company, and Company B intends to transfer its equity interest in Company A to Company C, another wholly state-owned company outside the province. At this time, the natural person Ding, the minority shareholder of Company A, requested to exercise the right of pre-emption on the grounds that, according to paragraph 3 of Article 71 of the Company Law, the shareholders of a limited liability company transferred their shares, and other shareholders had the right of pre-emption. So, in the case of the transfer of state-owned shares without compensation, do other shareholders enjoy the right of pre-emption? -
Is the interception of relief materials in brother provinces and cities "requisitioned for emergency disposal"?
2020 02/08Author:Li minOn February 5, 2020, it was reported that Dali City, Yunnan Province directly requisitioned a batch of emergency supplies purchased from Myanmar by the Chongqing Municipal Government and the Huangshi Municipal Government (a total of 9 pieces of 598 boxes and 300,000 masks), and on the evening of February 6, 2020, the official Weibo of People's Daily released the news: Dali City issued a notice that Yang Yanchi, Secretary of the Dali Municipal Health Party Committee and Director of the Municipal Health Bureau, was dismissed from his post, and Fang Hu, Secretary of the Party Group and Director of the Dali Municipal Bureau of Industry and Information Technology and Science and Technology, was given the sanction of government secretary. -
Take disaster relief supplies if you want? Combined with the case, let's talk about the "crime of misappropriating specific funds and goods" - interpretation of criminal crimes related to anti-epidemic disaster relief (1)
2020 02/07Author:Xie Xiangyang, Lu JunchengDuring the nationwide unity in the fight against the novel coronavirus pneumonia epidemic, the Wuhan Red Cross Society was once again questioned when a man brought a box of 3M masks from the temporary warehouse of Red Cross disaster relief materials and put it in the trunk of a car with government license plates. the official website of the Wuhan Municipal Government announced on February 2 that when the General Office of the Wuhan Municipal Government participated in the municipal emergency material reserve and management work conference, the epidemic prevention and control staff found the warehouse to receive masks and other protective equipment, and the box of 3M was raised Masks have been registered and approved in a unified manner, but in Wuhan, a heroic city where essential medical equipment such as masks are in short supply, this incident is really difficult to imagine in the difficult conditions when many medical staff on the front line of the fight against the epidemic can only use homemade masks to carry out rescue. As a legal person, I decided to extend this matter and intend to talk to readers about the "crime of misappropriation of specific funds and goods" in China's criminal law in combination with real cases. -
The impact of the new crown epidemic on the performance of corporate contracts and legal opinions
2020 02/07Author:HUANG Yuling, ZHOU Yanyan, GU ShurongIn order to respond to the call of the Party and the government and actively participate in the battle of epidemic prevention and control, all lawyers of Gaopeng formulated an emergency service plan at the first time, and reported our work arrangements to our clients in a letter to clients, and reminded them of legal risks in the special period. At present, Beijing Gaopeng (Yangzhou and Taizhou) Law Firm has fully launched online remote office and continues to make every effort to provide professional and efficient legal services to clients. In the near future, the teams of Gaopeng Law Firm will closely cooperate with the epidemic prevention struggle, make full use of their professional advantages, adapt to the needs of the prevention and control situation, help our clients cope with various potential crises and risks, and publish a series of legal articles one after another, please pay attention to it -
Don't hide it, don't take chances! Interpretation of key crimes during the epidemic (1)
2020 02/05Author:Chen Kai1. Qinghai Xining deliberately concealed the true itinerary and activities and was filed
2. Yulin, Guangxi, concealed contact with personnel in key epidemic areas and did not take preventive measures to be put on file
3, Xuzhou, Jiangsu Province concealed its itinerary and ran around and was put on file
4. During the quarantine period in Ganzhou, Jiangxi, a case was filed for taking a bus
5. During the quarantine period in Shantou, Guangdong, a case was filed by means of transportation -
In the current epidemic, lawyers have to remind you of common legal risks
2020 02/05Author:Wang ShaodanThe Spring Festival in the Year of the Rat is destined to be unforgettable and unpeaceful for our thousands of households. In order to welcome the annual Spring Festival, we had our nails, changed our hairstyles and bought new clothes, but because of the new coronavirus, we were confined at home for the entire holiday, and we could only greet the New Year with our relatives and friends through mobile phones. -
Can "postponed resumption of work" be characterized as "holiday"?
2020 02/05Author:Zheng XiaoxiaoAt the end of November or December every year, the State Council issues a "notice on holiday arrangements" the following year, and after such notices are issued, various "fake strategies" will come into being. What is the legal basis for the State Council to issue the Notice on Holiday Arrangement? According to the Labor Law, employers shall arrange holidays for employees during the following holidays in accordance with the law -
Legal issues with the "Red Cross"
2020 02/02Author:Xie Xiangyang Zheng XiaoxiaoOne detail is enough to drag down credibility. Along with the news of the fight against the "epidemic", the Hubei and Wuhan Red Cross Societies have been quickly put on the cusp in the past two days, from "selling vegetables", "returning to the single door", and then to "Putian Department Gate", the Hubei and Wuhan Red Cross Societies have fallen into the whirlpool of public opinion one after another. This afternoon, the leader of the Wuhan municipal government admitted that "there are some gaps in the relevant work, such as the turnover is not fast enough and the allocation is not timely enough." -
Protection of wild animals from a legal perspective
2020 01/31Author:Xie Xiangyang Zheng XiaoxiaoThe Spring Festival of the Year of the Rat in 2020 is destined to go down in history because of its "particularity", and the sporadic pneumonia news in Hubei since January has not diluted the joy of the people of the whole country about to reunite as a family to welcome the New Year, until the announcement of the "lockdown" in Wuhan on the 23rd, people seem to feel the gap between ideals and reality overnight, and feel the severity of epidemic prevention and control. In the past week, life has been full of variety, and it has also been vividly displayed in this crisis, and all kinds of news have constantly filled the senses of the Chinese people: the rising number of confirmed cases, the People's Liberation Army that rushed to the front line at the first time, the most beautiful retrograde, the Wuhan people who sang the national anthem...