In the past three years, more than thirty cosmetics regulations and technical specifications with the "Regulations on the Supervision and Administration of Cosmetics" as the core have been successively promulgated and implemented. The reconstruction of the cosmetics business rule system has been basically completed. Cosmetics management has entered a new stage of "dancing with shackles", and cosmetics compliance is becoming increasingly important for cosmetics enterprises. In terms of cosmetic compliance, efficacy claims compliance is a top priority for strengthened regulation under the new rules, and it is also a major concern for cosmetic operators. Article 22 of the Regulations on the Supervision and Administration of Cosmetics stipulates that there should be sufficient scientific basis for claiming the efficacy of cosmetics. The new regulations systematically strengthen...

Many bosses have multiple companies under their name, and the shareholders of these companies are mostly employees and relatives of the boss, while the actual controller and ultimate beneficiary are usually the boss. The large number of companies under their name will bring high management costs and other risks, so the bosses decided to integrate the companies under their name. The main means of integration are frequent equity transfers. Due to the fact that both the transferor and the transferee are under the control of the boss, the equity change procedures were quickly completed at the Industrial and Commercial Bureau. The bosses thought everything was going to be fine, but when they received a request from the tax bureau to pay a huge amount of tax, they were very surprised and regretful. The author has successfully handled multiple similar cases, helping the parties avoid h...

When carrying out the establishment affairs, the initiators are the representative organs of the established company. If the actions of the initiators cause harm to others, such actions should be considered as infringement of the established company. After the company is established, the company shall bear responsibility. If the company is not established, all initiators shall bear responsibility. If the initiator is at fault for the infringing act, the company or the innocent initiator may seek compensation from the faulty initiator. This article will combine case studies to analyze the disputes over the duty infringement liability of the initiators of established companies, in order to guide enterprises in preventing relevant risks in their operations.   1、Determination of Duty Infringement in Establishment of Companies The Supreme People's Court believes that the ...

Editor's note The parties involved in this case do not lack awareness of tax planning, and there are also "old masters" involved in tax planning. However, unfortunately, the tax planning plan in this case did not cover the entire process of the project, resulting in only achieving a certain tax preference and not realizing other tax preferences. Ultimately, there was an unexpected huge tax burden on all parties, resulting in tax risks. Brief Introduction to the Case Li Gong is a researcher at Y Research Institute and an expert in the pharmaceutical field. During his work, he has obtained multiple patented technologies for the unit and has a wide range of market applications. Company A is a pharmaceutical company that is very interested in Mr. Li and his research achievements. We hope to collaborate with Mr. Li to develop pharmaceutical products or transform correspond...

Before the establishment of a company, it is inevitable that legal relationships will arise externally for the purpose of establishing the company, such as renting houses, purchasing equipment and facilities, recruiting personnel, etc. These are all responsibilities that the initiators fulfill for the establishment of the company. But since the company being established does not have legal personality at this stage, who should bear the responsibility for disputes arising from these contracts. In this regard, China's Company Law regulates the signing parties of contracts before the establishment of a company based on their respective circumstances. This article will combine case studies to analyze contract disputes during company establishment, in order to guide enterprises in preventing relevant risks in their operations. 一、The responsibility of the initiator to engage in tran...

The company establishment dispute is different from the initiator liability dispute, which is easy to be confused in practice, and distinguishing between them is of great significance for determining dispute jurisdiction. In this paper, we will compare the disputes between the establishment of the company and the liability disputes of the promoters, so as to guide the enterprises to prevent the relevant risks in the operation.   ONE、Relevant specification 《Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China (III)》 Article 1 A person who signs the articles of association for the purpose of establishing a company, subscribes to the company for capital contributions or shares, and performs the duties of establishing a company shall be deemed to be a promoter of a company wh...

Company establishment refers to the general term of a series of legal acts that the promoters must complete in accordance with the conditions and procedures prescribed by law in order to obtain legal personality of the company and in accordance with the Company Law, including the determination of the promoters, the signing of the promoters agreement, the formulation of the articles of association, the raising of the company's capital, the verification of capital, the determination of the company's organizational structure, and the registration of the company's establishment. The significance of the establishment of the company is very important and plays a crucial role in the future development of the company. Irregularities in the establishment of a company may lead to many disputes. This paper will be combined with cases to understand the concept of company establishment disputes...

The resolution of defective dispute is an important system of corporate governance. If a shareholder believes that the substantive content of the company's shareholders' meeting or the shareholders' general meeting or the resolution of the board of directors violates laws or administrative regulations, it may file a dispute to confirm the validity of the company's resolution; If the shareholders believe that the convening procedure of the meeting violates laws, administrative regulations or the articles of association of the company, or the content of the resolution violates the articles of association of the company, they may file a resolution of the company to cancel the dispute; If the flaws in the company's resolution are obvious and significant, even the existence of the resolution itself cannot be recognized, a lawsuit can be filed to confirm the non-existence of the company's ...

The bankruptcy system can provide judicial protection for enterprises in debt crisis, but at the same time, the internal personnel of enterprises, such as shareholders, actual controllers, directors, supervisors and senior managers, may result in potential litigation disputes due to bankruptcy proceedings. From the perspective of shareholders, actual controllers and directors' supervisors, this paper briefly analyzes the potential derivative lawsuits against the internal personnel after the bankruptcy procedure. Companies considering judicial protection through insolvency proceedings can plan ahead to avoid such litigation risks. The bankruptcy derivative litigation against the internal personnel of the enterprise is mainly divided into two categories: one is around the contribution obligation, such as the shareholder has not fulfilled the contribution obligation or withdrew the cont...