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 Last year, the company's business license was revoked, but the rest shareholders remained silent.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…

Read More

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…

Read More

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…

Read More

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;…

Read More

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…

Read More

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…

Read More

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…

Read More

Blind Spots related to the special working hour systems

There are 3 categories of working hour system, which are the standard working hours, the flexible working hours arrangement, and the comprehensive calculation regarding working hours, among which, the latter two could be implemented upon the approval of the labor administrative department, and they are generally referred to as the special working hour systems. The “Notice on Issuing the Measures…

Read More

Should a one-person company and its shareholder be joint defendants?

Company A sued Company B for a dispute over the sales contract and applied to add Company B's shareholder, Company C, as a joint defendant. Company C defended that Company A had abused its right of prosecution, because the dispute between Company A and Company B had no business with Company C. Article 63 of the “Company Law” stipulates that,…

Read More

How to design a better layoff plan?

In January 2023, ByteDance downsized the company for 10%. In March 2023, Google China initiated a layoff plan. ... In 2023, various news of "layoffs" hit the hot search from time to time. From the perspective of enterprises, a layoff plan mainly focuses on two aspects, which are the purpose and objectives of "layoffs", and the legal risks caused by…

Read More