On July 8, 2022, the 99th sharing event of the "Gaopeng Reading Club" was held in the Beijing office of Gaopeng Law Firm, and was also webcast. The sharing guest of this event is Jia Weibo, a lawyer from Gaopeng Law Firm. The theme of the lecture is "Legal Risk Prevention in Mergers and Acquisitions from the Perspective of Equity Transfer Litigation". Mr. Jia graduated from the Central University of Finance and Economics and Tsinghua University. Before joining Gaopeng, he worked in two well-known law firms.

Lawyer Jia Weibo

This lecture closely focused on the issue of the effectiveness of equity transfer contracts.Based on classic cases of the Supreme People's Court,supplemented by a visual legal relationship diagram,Mr.Jia vividly explained the following issues through case interpretation:1.The effectiveness of equity transfer contracts without the consent of a majority of other shareholders;2.Is the equity transfer contract valid when the equity transfer payment is paid with the company's property?3.The legal effect of a forged signature equity transfer contract;4.The legal effect of the black and white contract for equity transfer;5.Whether the equity transfer contract signed without the consent of the spouse is valid;6.The legal effect of the equity transfer contract signed by the person without the right to dispose.

During the sharing process,Mr.Jia extended his explanation of relevant knowledge points related to equity transfer,such as shareholder contributions,shareholder qualifications,shareholder's right to know,and the bona fide acquisition system,in combination with his ongoing case.He also analyzed legal issues,consulted extensively on legal provisions,helped listeners deepen their understanding of disputes related to company law,and provided practical guidance for lawyers and legal personnel to handle relevant businesses.Through lawyer Jia's sharing,everyone has grasped the cutting-edge and detailed issues in equity transfer related practices,and expressed appreciation for lawyer Jia's solid theoretical foundation and rich practical experience.

Due to the fact that the number of equity transfer disputes accounts for half of the total number of litigation cases in company law,equity transfer spans both company law and civil law,and the relevant legal issues are very complex.Due to time constraints,this lecture is Mr.Jia's first sharing of practical experience related to equity transfer,and Mr.Jia will continue to share practical content related to this topic on July 29,2022.

Since his employment,Lawyer Jia Weibo has not only deeply participated in many large non litigation projects such as major asset restructuring of listed companies,perennial legal advisory services for listed companies,non-public issuance of shares by companies listed on the New Third Board,equity(share)acquisition,private equity fund registration and filing,but also undertaken a large number of difficult and complex contract disputes,bankruptcy liquidation derivative litigation,enforcement objection and reconsideration cases,arbitration and judicial review cases Lawyer Jia has analyzed,studied,and handled over 100 lawsuits involving the fight for corporate control,as well as various administrative and criminal charges,defenses,and appeals,with a total target value of nearly 10 billion yuan.He has accumulated rich practical experience.To recover huge economic losses for the parties,safeguard the legitimate rights and interests of customers,and win the unanimous recognition and praise of the parties.

Entrusted by the Company Law Professional Committee of the Beijing Lawyers Association,Mr.Jia,as one of the three authors,drafted the"Operating Guidelines for the Equity Transfer Business of Beijing Lawyers Association Lawyers Undertaking Co.,Ltd.",and undertook the revision,improvement,review,and proofreading work.(On October 15,2021,the Company Law Professional Committee of the Beijing Lawyers Association held a press conference and officially released the"Guidelines for Lawyers to Undertake the Equity Transfer Business of Limited Liability Companies".The full text of the guidelines is nearly 40000 words,which has received high praise in the industry and attracted widespread attention.)

While handling cases,in response to hot issues and practical difficulties in judicial practice,Lawyer Jia conducted in-depth research and wrote and published more than 100 practical articles on lawyers in relevant fields such as company law,bankruptcy law,guarantee law,administrative agreement litigation,criminal law,etc.,and has continued to write so far.

People are good at their work,and high friends are everywhere.Gaopeng Law Firm has always attached great importance to the cultivation and growth of lawyers,encouraging lawyers to continue learning through various ways to improve their professional skills.By regularly holding various sharing meetings,Gaopeng Law Firm helps lawyers improve their professional skills and take a deep and professional path,so as to better serve customers and society.

(This article is translated by software translator for reference only.)