For a standardized limited liability company, the company's articles of association signed by shareholders, the company's register of shareholders, and the capital contribution certificate (equity certificate) issued by the company should be consistent with each other in recording the equity held by shareholders. Therefore, all three are valid evidence for confirming equity. However, in reality, some limited liability companies do not fully sign and prepare the aforementioned documents in accordance with the provisions of the Company Law. Some companies, although signing and reporting their articles of association to the industry and commerce department, have not issued a capital contribution certificate or prepared a register of shareholders; Some companies have different records in their internal investment agreements and articles of association, and have not issued investment c...

Recently, our team handled a contract dispute case where the other party, as a corporate entity, was legally deregistered in June 2022. However, during the company's existence, there was an arbitration clause in the contract signed with our client. So, in the case where the enterprise has lost its legal personality, how to determine the eligible parties and whether the arbitration clauses stipulated in the contract can be applied will be discussed in this article to guide the enterprise in preventing relevant risks in its operation. 一、Determination of Eligible Parties One of the conditions that parties must meet when filing a lawsuit or applying for arbitration is that there is a clear defendant or respondent, and the defendant or respondent should be a natural or existing legal person in reality. A natural person who dies or a legal person who has been deregistered shall have...

According to Article 40 (3) of the Labor Contract Law, if there is a significant change in the objective circumstances based on which the labor contract is concluded, resulting in the inability to perform the labor contract, and after consultation between the employer and the employee, no agreement can be reached on changing the content of the labor contract, the employer may terminate the labor contract by notifying the employee in writing 30 days in advance or by paying an additional month's salary to the employee. This article will mainly discuss that when employers terminate labor contracts with workers in accordance with this regulation, they need to meet the legal conditions and procedural requirements of the entity, in order to guide enterprises in preventing relevant risks in their operations.   一、Legal analysis The provision of Article 40 (3) of the Labor Contr...

Equity incentive is a long-term incentive mechanism implemented by companies to motivate and retain core talents, and is currently one of the most commonly used methods to motivate employees. Therefore, disputes related to equity incentives often arise intertwined with labor disputes. This article will mainly analyze the grasp of relevant issues in judicial practice from a case perspective, in order to guide enterprises in preventing relevant risks in their operations.   一、Case 1: Boundary between Equity Incentive Disputes and Labor Disputes Liu was originally a management personnel of Kaiyuan Tourism and joined Zhuji Tongfang Real Estate Co., Ltd. (hereinafter referred to as Tongfang Company) in June 2012. On June 20, 2012, with Tongfang Company as the first party and Liu as the second party, a "Equity Incentive Agreement" was signed. The content is...

The right of shareholders to know is an inherent right granted by law to company shareholders. However, due to the fact that shareholders exercise their right to information through methods such as accessing or copying information, which may include company trade secrets and other information that is not suitable for public disclosure. If shareholders disclose information obtained through exercising their right to know, it may cause adverse effects such as reputation risk and economic losses to the company. This article intends to provide suggestions through two parts: pre prevention and post relief, in order to guide enterprises in preventing relevant dispute risks in their operations. 一、Pre prevention measures for shareholders to disclose company trade secrets after exercising their right to know In the data age, business secrets of enterprises have no less value than physical ...

The shareholder's right to know is an inherent right based on the identity of the shareholder. It is an important legal right granted by law to the shareholder to know the company's operation, financial status and other company conditions. In practice, major shareholders and minor shareholders of a company often make a special agreement on shareholders' rights, including shareholders' right to know, through the articles of association for their own interests. Is this agreement effective? Based on the existing laws, judicial interpretations and cases, this paper focuses on whether the articles of association can restrict or expand the shareholders' right to know, so as to guide enterprises to prevent relevant risks in operation.   一、Whether the articles of association limit the shareholders' right to know The restriction of shareholders' right to know in the articles of asso...