On July 28th, Huaben Strategic Partners' Mutual Visit - Entering King&Capital Law Firm and Huaben Entrepreneurs' Activity organized by Huaben Entrepreneurs' Club was successfully held in King&Capital Law Firm. Lawyer Tian Wenchang, founder and honorary director of King&Capital Law Firm, Chu Changzhi, CEO of King&Capital Law Firm, Li Wenming, president of Huaben Investment, and more than 10 Huaben brother entrepreneurs were invited to attend the event, which was presided over by Li Xiangjun, executive secretary-general of Huaben Entrepreneurs Club. The senior partners of King&Capital Law Firm, Mr. Qin Qingfang, Mr. Liang Yali and Mr. Sun Yanhui, brought special topics to share for the entrepreneurs.
Welcome speech
Mr. Tian Wenchang, Founder and Honorary Director of King&Capital Law Firm
Mr. Tian Wenchang welcomed the entrepreneurs and expressed his views on the relationship between entrepreneurs and lawyers: no matter from the practical point of view or from the point of view of long-term development, the close connection between entrepreneurs and lawyers is very important in the present environment. Mr. Tian Wenchang emphasized that entrepreneurs should pay great attention to the importance of corporate compliance and corporate criminal legal risks.
Li Wenming, Chairman of Huaben Investment and Founder of Huaben Entrepreneurs Club
Chairman Li Wenming thanked Lawyer Tian Wenchang and King&Capital Law Firm for their warm reception, and he shared his views in three aspects: 1) Entrepreneurs should be safe and efficient in their long-term development, and make friends with lawyers more often; 2) Confidence in the great rejuvenation of the Chinese nation, which is the common dream of 1.4 billion Chinese, is a trend that will not change; and 3) Entrepreneurs should be motivated to work hard in the face of adversity, to rise up in the face of adversity, and to learn from the ancient sages. In the future development, Huaben entrepreneurs should respect and love each other, cooperate with each other, and we should win the future together.
Theme Sharing I: About the protection of rights and interests and risk resolution countermeasures in the context of forced loan suspension
Mr. Qin Qingfang, Senior Partner of King&Capital Law Firm
Mr. Qin Qingfang explained the legal risks, legal basis, legal background and some effective countermeasures from the perspectives of home buyers and developers, and shared the responsibilities, obligations and risks among developers, banks and home buyers.
The suspension of loans is actually a major outbreak of fundamental contradictions in the pre-sale system. In terms of countermeasures, the problem should be solved from the perspective of balance of power and interests, and check whether every mandatory notice can be lifted without any responsibility. From the point of view of real estate enterprises, it is important to strengthen corporate compliance and return to the fundamental principle of "houses are for living in"; to strengthen the supervision of loan issuance, and to consider allowing professional intermediaries to intervene; and to gradually establish the fundamental goals of local governments and financial regulators to protect the delivery of buildings, people's livelihoods, and stability.
Theme Sharing II: Risk Tips of Legislative Trends on Business Operations
Sun Yanhui, Senior Partner of King&Capital Law Firm
Ms. Sun Yanhui shared the impact of the amendments and revisions to the Company Law on enterprises, which she shared in three aspects:
1、The Company Law clearly strengthens the social responsibility of the company and clarifies the responsibility of the enterprise to the society, employees and environmental protection.
2、Companies are required to improve and set up exit systems, such as simplifying the procedures for change of legal person and electronic voting rights for shareholders.
3、Optimize the company's organizational setup, such as the cancellation of supervisors and supervisory boards, the setting of the number of board of directors, and the improvement of the capital system.
Topic Sharing 3: Prevention of Criminal Legal Risks for Corporate Executives Performing Their Duties and Construction of Anti-Bribery Compliance Management System
Liang Yali, Senior Partner of King&Capital Law Firm, Director of Criminal Defense Research Center
Ms. Liang Yali shared that in the process of development of private economy, criminal cases are mainly brought by three aspects: civil and commercial legal relations, executives' performance of duties, and administrative supervision. From the imperfections of the initial development stage of private enterprises to the private economy in the transaction process of the counterparty review and other aspects of the case analysis, the relevant countermeasures are briefly listed below:
First, the new situation of enterprise executives of the criminal legal risk profile
(i) Legislative and judicial trends that need to be paid attention to in business operation
(ii) The distribution of the main positions and offenses involved in the crime of enterprise operation
Second, the criminal compliance risk identification of enterprise executives in the performance of their duties
(I) Commercial bribery
(ii) Infringement of unit property
(iii) Abuse of power and malfeasance in management affairs
Guidelines and Practices for the Construction of Compliance Management System of Enterprises Involved in Cases
(I) Compliance Management System Construction Standards and Effectiveness Evaluation for Enterprises Involved in Cases
(II) Work Content of Lawyers in Compliance Rectification of Enterprises Involved in Cases
（Emergency Response Suggestions for Corporate Executives Involved in Criminal Risks in the Performance of Their Duties
Enterprise executives are prone to be involved in criminal risks, including: the actual controller, directors and supervisors, financial officers, technical officers, sales officers and other core department heads. The risks involved by these people include: illegal financing of enterprises, illegal operation, irregular invoice reimbursement, abuse of power and other aspects. Therefore, in the design of business operation, we should strengthen the construction of corporate compliance management system to minimize and eliminate these risks to the executives from the source.
Interactive Sharing Session
Zhang Fuqian, Chairman of Hebei Jinyuan Group, Liu Huayun, Chairman of China Tourism Investment, Tang Zhiping, Vice President of Zhongyi Architecture, Li Xueqian, Director of Hebei Yonghe Weiye, Gao Feng, Vice President of Baibing Technology, Jiang Tao, Vice President of National Innovation Development Think Tank and other guests shared their feelings and interacted with the three lawyers in the light of the reality of their own companies.
Concluding Remarks
Mr. Chu Changzhi, CEO of King&Capital Law Firm
Mr. Chu Changzhi said that given the complexity of the international situation and the volatile domestic economic situation, enterprises are facing great challenges. Behind the continuous innovation and exploration of enterprises, the potential risks are gradually increasing, how to balance and avoid these risks is the theme of this exchange, a number of lawyers talked about how the enterprise compliance, how to achieve safety and efficiency and how to deal with the relationship between the two, the need for legal intervention, the law is to help the enterprise steadily forward an important means. I hope that all entrepreneurs and lawyers to make more friends, better escort for the enterprise, and truly achieve the law enterprise counterparts, joint development, win-win cooperation.
Activity group photo
In this activity, the lawyers advised the entrepreneurs in various aspects, and explained the potential legal risks in the process of operation for the entrepreneurs in detail in view of the current hot issues and policy changes. Huaben entrepreneurs have a more in-depth and specific understanding of business management.
King&Capital Law Firm has carried out multi-dimensional exploration and practice in the business of corporate compliance, real-time attention to legal developments, and accumulated a large number of research results and rich practical experience, King&Capital team of lawyers will be a strong professional ability, responsible attitude, for the healthy development of enterprises to escort.
