Company Law

Business Domain

Ø Acting as an agent for mediation, arbitration, and litigation of domestic and international economic disputes

Ø Company establishment, registration, and assistance in obtaining project approvals

Ø Drafting of plans and relevant legal documents for company changes, divisions, mergers, acquisitions, and reorganizations

Ø Corporate restructuring and definition of enterprise property rights

Ø Transfer, Gift, Inheritance, and Mortgage of the Company

Ø Dissolution, bankruptcy, liquidation, and auction of the company

Ø Participate in business negotiations and provide relevant legal opinions

Ø Legal Design and Analysis of Good Operation and Regulatory Mechanisms for Companies

Ø Legal services prohibited from unfair competition

Ø Legal Design and Analysis of Good Operation and Regulatory Mechanisms for Companies

Ø Lawyer witness for handling various documents, contracts, agreements, etc

Ø Private Legal Advisor

Ø Annual legal advisor for enterprises

Ø Business Negotiation

Ø Commercial Arbitration and Litigation

Ø Corporate governance and equity incentives

Ø Enterprise dissolution, bankruptcy liquidation

Ø Industrial investment, mergers and acquisitions, and restructuring

Ø Design of Enterprise Equity and Control Rights

Ø Corporate Legal and Financial Risk Control

Ø Corporate Legal and Financial Compliance

Team Characteristics

（一）Team members

The Enterprise Affairs Department is composed of team director and lead lawyer Xu Yan, co lawyers Su Zhou, Wang Ning, and Lin Yitong. The team has clear division of labor and appropriate cooperation, accumulating rich experience in the field of corporate affairs. They are good at communication and thinking, have strong execution ability, and provide timely and efficient legal services to clients.

（二）Product serialization

Emphasis should be placed on establishing a series of non litigation legal affairs products, achieving standardization, while considering the role of entrusted clients to provide targeted and refined products.

（三）Integrated Services

The Enterprise Affairs Department not only meets the legal service needs of clients, but also provides comprehensive services in areas such as taxation, investment, and resource integration.

Team Performance

The Enterprise Affairs Department of Jintang Law Firm adheres to the work philosophy of "customer satisfaction". In 2020, we provided long-term legal advisory services to dozens of corporate clients, including Dongyang Concrete, Yili Mineral Water, Haidao Education, Lihe Anti Counterfeiting, Huadai Intellectual Property, Tonggao Non woven Fabric, Sanye Precision Instrument, Hunan Xingda Engineering, Delda Optoelectronics, Yongzhou Friendship Association, etc. We also offer comprehensive services in compliance and risk control that satisfy our clients.

Jintang Law Firm's Corporate Affairs Department provided non litigation legal services to multiple entrepreneurs in 2020, including competition for control, protection of minority shareholder rights, equity design, acceptance of venture capital, mergers and acquisitions, liquidation, etc., based on the needs of clients. With strong professional skills, we have safeguarded the development of enterprises.

Jintang Lawyer's Corporate Affairs Department represented multiple cases in 2020, including liquidation, bankruptcy, partnership dissolution disputes, disputes that damaged company interests, and disputes that damaged shareholder interests. During the process of representing cases, we continuously accumulate experience in handling cases, achieve document formatting and standardized processes, and continuously improve the efficiency of property preservation, trial, and execution of cases. Analyze the legal risks of enterprises based on case handling experience, and propose prevention ideas and suggestions.

Classic Case（1）

Case Name: A Company v. Zhu for License Return Dispute.

Case Summary:

Company A was established in 2015, with shareholder Zhan holding 1% of the company's equity and serving as the legal representative, executive director, and general manager of Company A; Shareholder B holds 99% of the equity of Company A. It was established in May 2020 and became a shareholder of Company A through investment in June 2020. In August 2020, Zhu, a major shareholder of Company B, illegally took possession of Company A's business license, bank account opening permit, official seal, contract seal and other company certificates and licenses, claiming ownership based on the "Investment Cooperation Agreement" signed by the partners when Company B was established, which stated that "Zhu serves as the general manager of Company A and is in charge of Company A's official seal and contract seal".

Case representation strategy:

As the plaintiff's legal representative, firstly, it is argued that Zhu is not the general manager of Company A, and that Company B did not change the candidate for general manager when becoming a shareholder of Company A, as evidenced by the business registration information; Secondly, Company A is an independent legal entity and is not the signing party of the Investment Cooperation Agreement submitted by Zhu, therefore it has no legal binding force; Furthermore, the agreement was signed on May 22, 2020, while the signing date of Company A's articles of association stamped with Company B's official seal was June 2021. In the event of a conflict between the two, the later of the signing dates shall prevail.

Case handling result:

Our lawyer represents the plaintiff, and the lawsuit request has been supported. According to the law, Zhu has been ordered to return the company seal, contract seal, and other certificates to Company A.

Classic Case（2）

Case name: Zhan, Zhuang, Su, and six others sued Zhu for a partnership contract dispute.

Case Summary:

In 2020, both the plaintiff and defendant invested to establish A Partnership Enterprise, with Zhu holding the company's business license, official seal, and other certificates. In September 2020, due to Zhu's failure to execute affairs in accordance with the partnership agreement and the decision of all partners, the other partners of Company A held a meeting of partners and decided to revoke Zhu's appointment as the executing partner and require him to return the company's certificates and licenses within a specified period of time. After the resolution was delivered, Zhu refused to comply with the resolution of the partners' meeting and refused to cooperate in handling the business registration procedures.

The focus of the dispute in the case: whether the resolution of the partnership meeting is valid; Whether the plaintiff has the qualification of a litigation subject.

Case representation strategy:

Firstly, the validity of the resolution of the partnership meeting depends on whether there is a conflict with the Partnership Agreement filed with the Market Supervision Administration. In this case, according to the provisions of the Partnership Agreement, the revocation and re entrustment of the executing partner is not a matter of the partnership enterprise that has been unanimously agreed upon by all partners. Therefore, the resolution involved in this case is a valid resolution; Secondly, we have appointed Mr. Zhan as the new executive partner, who is the actual manager of the partnership enterprise's seals, certificates, and other items. Therefore, we assert that the plaintiff's status as a litigation subject is appropriate.

Case handling result:

The verdict supports all six lawsuits filed by Zhan and others.