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2023-08-17Blossom & Credit Research | Assumption of Liabilities for the Debts in the Case of Changes in the Shareholder of a One-person Company from the Perspective of Judicial AdjudicationAccording to the Company Law, if the shareholder of a one-person limited liability company is unable to prove that the property of the company is independent of the shareholder’s personal property, the shareholder shall be joint and several liable for the debts of the company.
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2023-08-09Blossom & Credit Research | Primary Analysis of Common Legal Issues on the Right of Re-recourse on the Negotiable InstrumentsAs affected by the downturn in the housing sector, the non-acceptance of electronic commercial drafts (“ECDs”) has become a prevalent issue. The drawer and the drawee of the ECDs are often the same entity. In the event an ECD is dishonored by non-acceptance, if the holder only requests the drawer or acceptor to pay the amount payable by the negotiable instrument, it is difficult to recover the amount in the end. In order to enhance of the efficiency of recourse, the holder often exercises the right of recourse against all prior parties of the negotiable instrument. After the right of recourse is exercised against a prior party and the prior party makes payment, it will then be granted the right of re-recourse in accordance with the provisions of Article 71 of the Law of the People’s Republic of China on Negotiable Instruments (“Negotiable Instruments Law”). This article will discuss the common legal issues on the right of re-recourse around negotiable instruments.
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2023-08-04Blossom & Credit Research|Case Analysis: How Do Shareholders Exercise the Right to Revoke a Corporate Resolution?Since the first Companies Law of the People’s Republic of China was promulgated in 1993, which has been refined continuously by legislative and judicial authorities in practice, the disputes related to companies have expanded from a few to the current 26 categories[1]. Among them, the disputes over revocation of a corporate resolution are one of the most common. In this article, I will organize and summarize the issues related to shareholders exercising their right to revoke a corporate resolution in a systematical manner around the cases handled by me and with reference to relevant laws and judicial interpretations, and provide them for reference.
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2023-03-23Blossom & Credit Research | Analysis on the Common Special Terms in Investment Agreements (I) – Bet-on and Preference ClausesThe following article derives from the Law Perspective, written by ZHENG Min’s lawyer team
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2023-03-01Blossom & Credit Research | Breaking News! Comprehensive Interpretation of the Updated Measures for Registration and Filing of Private Investment Funds - Manager RegistrationThe Asset Management Association of China (the “Association”) officially issued the updated Measures for Registration and Filing of Private Investment Funds (hereinafter referred to as “the Measures”) and the supporting guidelines on February 24, 2023, which will be formally implemented from May 1, 2023.
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2023-02-24The multiple legal risks of nominee shareholdingMarket economy is a legal economy and a credit economy. In most cases, both parties in economic exchanges will perform their obligations according to the agreement, but there is also inevitable credit risk. In order to expand their business scope, insurance companies have created a new insurance product - Surety. Surety comes into being with high risk. how to protect the rights and interests of insurance companies has become a major problem.
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2023-02-24Blossom & Credit Research | Expert Insight from Fund Lawyers on the Pilot of Private Real Estate FundsTo implement the policy outlined by the Party Central Committee and the State Council regarding the “furtherance of the virtuous cycle and healthy development of the real estate industry”,
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2022-06-21Disputes over company resolutions and legal applicationsWith the advancement of military reform work, the message of where to go for military rest centers has become increasingly eye-catching. Although there has been a heated discussion on this issue in the public or formal channels for many years, it is related to the entry, exit, and retention of nearly 90000 families in special circumstances. At the same time, it is also directly related to the transfer and resettlement of military personnel who have bid farewell to the military system and retired. This trend may involve fluctuations in the resettlement of personnel at a larger scale.