•   +86 13917421790
      kittykim@hiwayslaw.com
       中文 (中国)     日本語    English
  • 2023-09-01
  • 6 minutes Read
When a company's business license is revoked, whether shareholders are jointly and severally liable for the company's debts?

Mr. Wong invested in his friend’s company many years ago. The company has not made any profit for those years. Wong did not care, because he only subscribed for 5% of the company’s registered capital, which is not a real loss. Last year, the company’s business license was revoked, but the rest shareholders remained silent. Wong held the opinion that the company’s business license was revoked, which has the same consequence as a person’s death, the shareholders would only bear the limited liability equal to their subscribed capital contribution, for him, the maximum loss would be CYN 50,000. Unexpectedly, Wong…

  • 2023-09-01
  • 5 minutes Read
Practical Guidelines for the Management of Retirement

Among all kinds of labor disputes, the retirement dispute is the fewest. However, there are many details regarding the management of retirement. Here is a Q&A list for those details for reference. (* The retirement age is a complicated topic, and we have analyzed in the previous article, so this list will not mention this topic.) Q1: When will a labor contract of a retiring employee be terminated? A1: There are two choices, that is, an employee enjoys basic pension insurance benefits or reaches retirement age. However, when an employee reaches retirement age before he/she could enjoy basic pension insurance benefits, can…

  • 2023-07-31
  • 7 minutes Read
Provisions on Prohibition of the Abuse of Intellectual Property Rights to Exclude or Restrict Competition

Recently, the SAMR issued the “Provisions on Prohibition of the Abuse of Intellectual Property Rights to Exclude or Restrict Competition” (hereinafter referred to as the “New Provisions”), which will come into effect on August 1, 2023. As one of the supporting regulations of the “Anti-Monopoly Law”, the revised “New Provisions” has increased the number of articles from 19 to 33 compared to the previous version issued in 2020. The main modifications are as follows: Regarding the monopoly agreements Item Key amendments 1 Article 3 of the previous version stipulates that the illegal act starts from the time point of “implementing”…

  • 2023-07-31
  • 5 minutes Read
When can I unilaterally terminate a contract?

Miss A ordered a piece of furniture at a store. The next day, the store called and begged her to modify the order with the reason that, “the furniture ordered by Miss A is an old model which has been just sold out, there is a similar new model at the same price.” Miss A refused the store’s suggestion and planned to cancel the order. Coincidentally, Miss B also ordered a piece of furniture at the same store, and she even paid a prepayment. Later, Miss B wanted to cancel the order, but the store refused Miss B’s cancellation and…

  • 2023-07-31
  • 4 minutes Read
Labor arbitration or civil litigation, which one is the first choice to claim for compensation against an employee?

There are 5 main circumstances that a company may claim for compensation against an employee. The circumstances are, (1) the employee brings damage to the company’s property; (2) the employee infringed a third party’s rights while working, and the company has compensated the third party; (3) the employee infringes the company’s trade secrets; (4) the employee embezzles the company’s property; and (5) the company has undertaken expenses which are not employer’s responsibilities, such as the company overpays for social security, or pays medical expenses first for the employee. If the company claims for compensation from the perspective of employment, the…

  • 2023-06-30
  • 3 minutes Read
The impact of the administration regarding advertising from the second half of 2023 on advertisers

In mid-June 2023, the General Office of the SAMR issued the “Notice of the General Office of the SAMR on Solidly Conducting the Investigation and Governance of Prominent Issues in the Field of Advertising Administration” (hereinafter referred to as the “Notice”). This “Notice” reflects the key aspects of the administration regarding advertising. The “Notice” is very brief, mainly proposing specific administrative requirements and measures for 10 aspects. The following is a brief introduction and explanation from the perspective of the impact of the “Notice” on advertisers. Reduce the burden in three aspects of “three products and one equipment” The term…

  • 2023-06-30
  • 3 minutes Read
The effectiveness of electronic signatures and relevant risk prevention methods

The newly revised “Counterespionage Law” will come into effect on July 1, 2023. It has expanded the definition of espionage, adding espionage acts of “joining espionage organizations and their agents”, and “network attacks, intrusion, interference, control, destruction and other activities against state organs, secret related units or key Information infrastructure”. At the same time, the scope of protected objects has expanded from “national secrets and intelligence” to “other documents, data, materials, and items related to national security and interests”. Before the amendment of the “Counterespionage Law” was announced, reports of suspected espionage events had already been hot news, such as…

  • 2023-06-30
  • 3 minutes Read
Caution, the “Counterespionage Law” has been revised!

The newly revised “Counterespionage Law” will come into effect on July 1, 2023. It has expanded the definition of espionage, adding espionage acts of “joining espionage organizations and their agents”, and “network attacks, intrusion, interference, control, destruction and other activities against state organs, secret related units or key Information infrastructure”. At the same time, the scope of protected objects has expanded from “national secrets and intelligence” to “other documents, data, materials, and items related to national security and interests”. Before the amendment of the “Counterespionage Law” was announced, reports of suspected espionage events had already been hot news, such as…

  • 2023-05-31
  • 3 minutes Read
The “Measures of Administrative Penalty for Ecological Environment” will be implemented from July 1, 2023

In view of the new problems arisen in the environmental law enforcement in the past 10 years, and the implementation of the newly revised “Administrative Penalty Law” on July 15, 2021, the General Office of the Ministry of Ecology and Environment revised the “Measures of Administrative Penalty for Environment” (hereinafter referred to as the “Old Measures”) and publicly solicited opinions in August 2022. On May 8, 2023, the Ministry of Ecology and Environment issued the revised ” Measures of Administrative Penalty for Ecological Environment” (hereinafter referred to as the “New Measures”), which will be implemented from July 1, 2023. Here…

  • 2023-05-31
  • 3 minutes Read
Whether an agreed non-assignable debt could be assigned?

An effective transfer of debt usually requires four factors: 1) there is a valid debt; 2) the debt has assignability; 3) there is an effective debt assignment agreement; and 4) the debtor is notified. Otherwise, the assignment of debt shall not have any effect on the debtor. Therefore, as long as the debt has assignability, and it is not prohibited to be assigned according to legal provisions, normally such debt could be assigned without the consent of the debtor. However, if both parties have agreed that the creditor’s rights cannot be assigned, whether such agreed non-assignable debt could be assigned?…