Potential Risks of the Electronic Business License

Author:KONG Yuwei, LI Xinyi
Date:2023.04.10

The paper version of the business license owned by a company registered in China now is divided into one original and one duplicate. In addition to this, employees from different departments of a company need to use different media when logging into the systems of different national government departments. For example, the company's administrative staff needs to use a CA (i.e. One-Card-Pass, an U-key to connect with governmental system) for the disclosure of the company’s annual report and the finance staff needs to use a tax U-key to log into the E-tax Bureau.

What are the legal consequences under Chinese law, if the parties to the transaction apply their respective GTC (General Terms and Conditions)?

Author:WANG Sai, GAO Yuan
Date:2023.03.27

A common phenomenon in business transactions is that there is no signed contract between the parties to the transaction and a large amount of business is conducted directly through purchase orders (by mail, electronically). In practice, the parties to a transaction usually refer to "their own" standard terms and conditions (hereinafter referred to as "GTC") in the order. For example: in the sale of goods, the seller mentions its standard delivery terms in his supply order, while the buyer mentions its standard purchase terms in its purchase order. Often, these two clauses are contradictory in some key areas, for example, when it comes to warranty rights or limitation of liability. Once a dispute arises after the transaction, both parties will insist on defending their claims under their own GTCs. So in this case, whose GTC will be applied under Chinese law? And what specific provisions will be applied? This article attempts to give some hints on the legal risks of applying the respective GTC to both parties of the transaction under Chinese law, in the hope that it will help multinational companies to manage their risks in their daily transactions.

Research on the transfer of licenses in the process of asset acquisition of manufacturing companies

Author:ZHONG Yuan、CHEN Jiawei
Date:2023.03.13

Asset acquisition refers to the selective acquisition of all or parts of the assets of a company by payment in cash, in-kind, securities, labor services or debt forgiveness. Asset acquisition is widely used in mergers and acquisitions, and compared with equity acquisition, asset acquisition allows the acquirer to avoid the potential tax, litigation and other risks of the acquired company. But at the same time, asset acquisitions require more effort and time. In particular, it is necessary to consider how to achieve a smooth transfer in terms of business contracts, employee placement, license qualifications, etc. At present, the licenses involved in the asset acquisition process of manufacturing companies mainly include environmental impact statement, energy conservation reports, pollution discharge permit, etc. This article will summarize the relevant license transfer procedures.