On July 29, 2022, the 102nd 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 "Major Restrictions in the Process of Equity Transfer and Their Countermeasures". 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 involves the effectiveness of equity transfer contracts and the restrictions on equity transfer imposed by the company's articles of association. Lawyer Jia combined classic cases from the Supreme People's Court and the People's Justice with a visual legal relationship diagram and case interpretation to explain the following issues: 1. The effectiveness of equity transfer contracts that should be approved but not approved; 2. Effectiveness of equity transfer guarantee; 3. The effectiveness and performance difficulties of the gambling agreement; 4. Restrictions on equity transfer by resolutions of the shareholders' meeting, the board of directors, and the company's articles of association, etc.
During the lecture, the audience actively spoke and interacted, making the answers to relevant legal questions clearer. Through Lawyer Jia's sharing, everyone has a more intuitive understanding of the cutting-edge and detailed issues in equity transfer related practices, providing more materials and perspectives, and increasing their enthusiasm for learning company law.
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 second sharing of practical experience related to equity transfer. In the future, Mr. Jia will continue to share practical content related to this topic. Please pay attention.
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.

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