All posts by legal

Zhu borrowed 2 million from Wang, and transferred 20% of Company A’s shares to Wang for guarantee. Zhu also promised if he failed to repay the loan on time, the loan should be converted into shares, which means Wang could have the ownership of shares. As Zhu failed to repay, Wang informed Zhu that the loan should be converted into shares. However, Zhu argued that the agreement on the guarantee is a fluidity clause, which was invalid. In practice, if a debtor uses shares as the guarantee for the loan, normally, the debtor would enter into a written hypothecation contract…

During the annual performance review, Company A found Chen had brought a huge loss to the company due to his serious fault. The company warned Chen in written and penalized two months’ salaries to compensate the company’s loss, in accordance with the “Employee Handbook”. Chen brought a labor arbitration, and claimed that the punishment was improper and the company shall return the two months’ salaries. In practice, many employers have stipulated a cumulative punishment system. For example, a total of 3 written warnings could be deemed as a serious violation of rules and regulations, and the company has the right…

The “Environmental Protection Law” was implemented in the early 2015. Since Jan. 2016, the Central Government has dispatched four batches of environmental inspector groups to inspect the environmental work in different provinces and cities. Because both Central Discipline Inspection Commission and Central Organization Department have sent representatives to be involved in these groups, more than 10 thousand people were punished. Following with the inspections, the government is also working on the legislation of a serials laws and regulations related to environmental protection, for example, the “Water Pollution Prevention and Control Law”(Amendment) and the “Environmental Protection Tax Law” have been adopted…

As more and more foreigners come to China for employment, study, traffic accidents happened to foreigners are not rare. Especially, following with the new car using model, such as the time-sharing car, it is convenient for foreigners to drive a car without buying one, but new risks come. Driving in China, for foreigners, there are 2 risks: (1) the risk related to driving; (2) the risk related to traffic accidents. For the risk related to driving, firstly, many foreigners have a foreigner driver’s license, or an international driver’s license, but they have not applied for a China driver’s license. Since…