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2020.03.27
Work taken away by the epidemic
Keywords: Failure to Join after Employment Labor Dispute Contracting Negligence This article has a total of 1708 words and a recommended reading time of 5 minutes Since the outbreak of COVID-19, all walks of life have received a huge impact. For individual workers, some have been laid off or dismissed due to the pandemic, while others have lost employment opportunities due to the pandemic. In case of dismissal or termination of labor relations, the Labor Contract Law of the Labour Contract Law of the People's Republic of China and relevant laws and regulations shall apply. What shall we do if we are told to cancel the employment? This is the issue discussed in this article.
2020.03.20
Legal Analysis on Denial of Corporate Personality and Joint and Several Liability for Liquidation
Brief Introduction to the Case Z Shoe Materials Co., Ltd. is a company mainly engaged in the production and sales of shoe materials and the production of leather shoes, with the legal representative being Mr. Li. M Shoes Co., Ltd. is a company mainly engaged in shoe manufacturing, wholesale and retail. Its legal representative and sole natural person shareholder is Mr. Feng. Between 2012 and 2016, Z Shoe Materials Co., Ltd. (hereinafter referred to as Z Company) and M Shoe Industry Co., Ltd. (hereinafter referred to as M Company) had a long history of transactions. M Shoe Industry Co., Ltd. purchased shoe materials and other materials from Z Shoe Materials Co., Ltd. As of November 28, 2016, M Company still owes Z Shoe Materials Co., Ltd. over 880000 yuan in payment. The aforementioned payment has not been paid by M company for a long time. In December 2016, Z Company filed a lawsuit in court, requesting the people's court to order the defendant M Company and its legal representative Feng to return the outstanding payment, including principal and interest, to the plaintiff Z Company; The acceptance fees and property preservation fees incurred during the litigation period shall be jointly borne by the two defendants. During the first instance trial, the defendant Feng refused to appear in court without justifiable reasons and did not provide a defense after being summoned by the people's court.
2020.02.27
The Party's Leadership and Corporate Governance in State Owned Enterprises
Organize, institutionalize, and concretize the role of party organizations. In recent years, China has promoted the reform of mixed ownership enterprises, which has had some impact on the management of state-owned enterprises and the rights and behavior norms of different entities. This article will explore how to adhere to the Party's leadership over state-owned enterprises through the interpretation of individual cases.
2020.02.14
A Brief Analysis of the Equity Repurchase Rights of Limited Liability Companies
Defendant A Company was established on April 5, 1990. In May 2004, Company A was restructured from a state-owned enterprise into a limited liability company. Song, an employee of Company A, contributed 20000 yuan to become a natural person shareholder of Company A. Article 14 of Chapter 3 "Registered Capital and Shares" of Company A's Articles of Association The equity of the company shall not be sold or transferred to any group or individual outside the company. After one year of the company's restructuring, it may be gifted, transferred, or inherited within the company with the approval of the board of directors. The death or retirement of the shareholder shall be approved by the board of directors before inheritance, transfer, or acquisition by the enterprise. If the shareholder resigns, transfers or is dismissed, or terminates the labor contract, the shareholder shall retain the shares and the shares held shall be acquired by the enterprise, Article 66 of Chapter 13 "Other Matters Deemed Necessary by Shareholders" stipulates that "This Articles of Association shall be jointly recognized by all shareholders and shall come into effect from the date of establishment of the company". The articles of association of the company have been signed and approved by all shareholders of Company A. On June 3, 2006, Song proposed to terminate his labor contract with Company A and applied to withdraw his 20000 yuan stake in the company. On August 28, 2006, with the consent of the legal representative of Company A, Song received a withdrawal payment of 20000 yuan. On January 8, 2007, Company A held its 2006 annual shareholders' meeting, with 107 shareholders expected to attend and 104 actual shareholders present, representing 93% of the company's total shares. The meeting approved the application for withdrawal of shares by three shareholders, Song, Wang, and Hang, and resolved that "their shares shall be temporarily purchased and kept by the company and shall not participate in dividend distribution". Later Song requested confirmation of his shareholder status as A Company in accordance with the law, citing that A Company's repurchase behavior violated legal provisions, failed to comply with legal procedures, and that shareholders were not allowed to withdraw their capital in accordance with the Company Law.
2019.12.19
Exploring Several Legal Issues of Municipal Utility Concessions
On August 20, 2008, a city construction bureau and company A signed "a city pipeline gas franchise agreement" (hereinafter referred to as the "franchise agreement"), agreed that: the two sides agreed to set up company B development and construction of natural gas gasification project; a city construction bureau for the company A issued a franchise related certificate; franchise validity period of 30 years, from August 20, 2008 until August 20, 2038 The term of the concession is 30 years from August 20, 2008 to August 20, 2038; the geographical scope of the concession is within the jurisdiction of a certain city. On August 24, 2010, the Management Committee of an Industrial Park (hereinafter referred to as the Management Committee of the Industrial Park) and Company B entered into the Contract for Investment in Natural Gas Station Project and Supplementary Agreement to the Contract for Investment in Natural Gas Station Project (hereinafter referred to as the Supplementary Agreement); and on August 16, 2011, both parties entered into the Supplementary Agreement to the Contract for Investment in Natural Gas Station Project (hereinafter referred to as the Supplementary Agreement 2). The aforesaid agreements set out clear provisions on matters such as the scale of investment in the project, the mode of development and operation, the procedure for land grant, the granting of concession, the term of the concession and the responsibilities and obligations of both parties. Among them, Article 2 of the Supplementary Agreement stipulates that "According to the content of the Piped Gas Franchise Agreement of Certain City signed between Party B and the Construction Bureau of Certain City on August 20, 2008, the validity period of Party B's franchise in the Industrial Park shall be until August 20, 2038." Article 4 of Supplementary Agreement 2 also stipulates that "Company B is granted a piped gas franchise within the planning red line of the Industrial Park, valid until August 20, 2038."
2019.04.23
Talking about engineering insurance in the construction of large-scale projects
I. Introduction and Cases In the large-scale construction project special legal services, the author has experienced a number of engineering insurance accident handling and litigation, now on the main types of engineering insurance cases (i.e.: engineering all risks insurance, third-party liability insurance, and migrant workers' work injury insurance) to share and discuss with you.
2018.10.15
Legal Analysis of Supplementary Liability of Shareholders for Non-fulfillment or Incomplete Fulfillment of Capital Contribution Obligations
I. Brief description of the case Since March 2015, Plaintiff Company A has been providing domestic courier and warehousing services to Defendant Company B. Plaintiff Company A and Defendant Company B entered into the Domestic Courier Service Contract. After the signing of the said contract, the Plaintiff Company A provided services to the Defendant Company B. The Plaintiff Company A then began to refuse to pay the Defendant Company B for its services. Subsequently, Defendant Company B began to refuse to pay for its services, and by the date of Plaintiff Company A's lawsuit, it had accumulated a total of $12,395,487.77 in arrears in service fees.
2017.12.25
How to realize the non-performing claims of twenty years ago--Another discussion on cracking the problem of difficult execution
The Supreme People's Court, the Supreme People's Procuratorate, the National Development and Reform Commission and 19 other ministries and commissions jointly issued the Opinions on a Number of Issues Concerning the Establishment and Improvement of the Implementation of the Joint Mechanism to assist in the implementation of the Opinions on a number of issues in the implementation of the Opinions on the Establishment and Improvement of the Implementation of the Joint Mechanism on July 7, 2010.
2017.09.01
Techniques of Defense from the Elements of Crimes--Li Moumou's Alleged Fraud Case
Defendant: Li Moumou, male, born in 1969 in Guangdong Province, Han nationality, middle school education, farmer. He was taken into custody on August 15, 2006, and arrested on September 22 of the same year on suspicion of fraud. Defense: Nan Fang, Lawyer, Guangdong Law Shengbang Law Firm. Defender: Cen Minghua, Lawyer, Guangzhou Branch, Guangdong Chenggong Law Firm.
Burglary accomplice fails to appear in the case of the master and accomplice to determine - Liu Moumou theft case
First, the parties and the defense of the basic situation Defendant (appellant): Liu Moumou, male, born in 1984, Han nationality, cultural level of high school, labor, on suspicion of theft on September 24, 2009 was criminally detained, on October 27 of the same year was arrested. Defender: Nan Fang, Guangdong Legal Shengbang Law Firm.
2017.08.08
How to make a determination on the quantity involved in an abusive forestry case - Zhang Moumou's abusive forestry case
Defendant: Zhang Moumou, female, born in 1954, a native of a county in Guangdong Province, Han nationality, illiterate, farmer. He was criminally detained on August 10, 2013, and arrested on November 18, 2013, on suspicion of deforestation. Defense: Nan Fang, Lawyer of Guangdong Law Shengbang Law Firm
Defending a case of insufficient evidence in a theft case - Zhao's theft case
Basic Information of the Parties and Defenders Defendant: Zhao, male, was criminally detained on December 2, 2012 on suspicion of theft. He was arrested on January 8, 2013 with the approval of a district procuratorate in Guangzhou. The procuratorate filed a public prosecution on August 21, 2013, decided to withdraw the prosecution on June 11, 2014, and made a decision not to prosecute on June 24. Zhao was released on June 26 of that year.
2017.07.31
Nanfang Lawyer's Criminal Legal Mailbox
Lawyer Nan Fang: My husband works as the general manager of a state-owned company in Guangdong. In November 2014, staff from the Provincial Commission for Discipline Inspection took my husband away from the company to assist in the investigation. On the third day of the investigation, my husband voluntarily confessed that he had taken advantage of his position and received a business kickback fee of 520000 yuan from Zhang San and Li Si in economic transactions. The Commission for Discipline Inspection was not aware of this situation beforehand, but the case has now reached the court. May I ask if my husband's behavior was voluntary surrender? If it was voluntary surrender, How many years may it take?
2017.07.11
Daring to Defend and Cleverly Defending Bribery to Change the Crime of Bribery for Non State Personnel: A Successful Case of Lawyer Sheng Bang Nanfang's Defense in the Legal System
Recently, our lawyer, Nan Fang, successfully defended a bribery case. The defendant, Xie, was charged with bribery. In November 2014, a district court in Guangzhou found that the amount charged was inappropriate and sentenced him to 2 years and 6 months in prison for the crime of bribery committed by non state employees. Case Review: On March 22, 2013, Xie was criminally detained on suspicion of bribery. Xie's family entrusted lawyer Nan Fang as their defense. After accepting the commission and carrying out relevant work, Lawyer Nan found through professional analysis and multiple investigations that the defendant Xie was not a solely state-owned company in Guangdong, but only a state-owned holding company. There is no evidence in the case file to prove that the defendant Xie was appointed by a state-owned group company in Guangdong to supervise and manage state-owned assets in a certain company, and he applied for a witness to appear in court, confirming that the so-called "appointment" is not an appointment, Instead, it refers to the way management and group companies exercise their rights as major shareholders.
The legal system prospers the nation's new third board listing business and gets a share - Huang Changgan and Liu Haiyu's lawyer team successfully served the "the Belt and Road" and "Silk Road" economic belt projects
One is Guangdong Green Color Printing Technology Co., Ltd., which completed the company's share reform on June 26, 2014. All application materials for the listing and public transfer of Green Color (Green Color Co., Ltd.) on the New Third Board have been accepted by the National Small and Medium Enterprise Share Transfer System, and feedback is pending.
