Corporation Compliance,
Master of Law from Shanghai University of Political Science and Law
- Chinese
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2020 02/08
Legal analysis on whether interested parties to the gratuitous transfer of state-owned equity have the right to exercise the right of pre-emption
Mixed ownership economy refers to the mixed ownership economy of cross-shareholding and integration of state-owned capital, collective capital and non-public capital, which is an important form of realization of China's basic economic system. The reform of mixed ownership of state-owned enterprises has always been a hot spot in the market, and in the integration of various types of capital, it may involve the transfer of state-owned equity without compensation. For example, if Company A, a state-controlled listed company, its controlling shareholder, Company B, is a wholly state-owned company, and Company B intends to transfer its equity interest in Company A to Company C, another wholly state-owned company outside the province. At this time, the natural person Ding, the minority shareholder of Company A, requested to exercise the right of pre-emption on the grounds that, according to paragraph 3 of Article 71 of the Company Law, the shareholders of a limited liability company transferred their shares, and other shareholders had the right of pre-emption. So, in the case of the transfer of state-owned shares without compensation, do other shareholders enjoy the right of pre-emption?
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2020 02/07
The impact of the new crown epidemic on the performance of corporate contracts and legal opinions
In order to respond to the call of the Party and the government and actively participate in the battle of epidemic prevention and control, all lawyers of Gaopeng formulated an emergency service plan at the first time, and reported our work arrangements to our clients in a letter to clients, and reminded them of legal risks in the special period. At present, Beijing Gaopeng (Yangzhou and Taizhou) Law Firm has fully launched online remote office and continues to make every effort to provide professional and efficient legal services to clients. In the near future, the teams of Gaopeng Law Firm will closely cooperate with the epidemic prevention struggle, make full use of their professional advantages, adapt to the needs of the prevention and control situation, help our clients cope with various potential crises and risks, and publish a series of legal articles one after another, please pay attention to it
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2019 12/12
On the Legal Risk of Stock Ownership to Actual Investors
Equity proxy holding refers to the act of the actual contributor signing an agreement with others regarding equity proxy holding,stipulating that the counterparty to the contract shall exercise shareholder rights and perform shareholder obligations on behalf of the actual contributor,and the aforementioned counterparty to the contract is the nominal shareholder.