The nominal legal representative may resign, urge the change of registration, initiate a lawsuit for company change registration, or remove the registration to get rid of the situation. He/she should take action as soon as possible to avoid being restricted from high-consumption activities.
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A corporate deadlock meets the three requirements of serious difficulties in business management, significant losses to shareholders' interests, and the exhaustion of all other remedies. Shareholders with voting rights of more than 10% of the shares may sue for dissolution, but they must pay attention to the two-year time limit.
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The major shareholders may suppress the minority shareholders, and the latter may claim compensation for abuse of rights, file a lawsuit to invalidate and revoke the resolution, request repurchase, or initiate a shareholder representative lawsuit. Please note the time limits of 60 days, 90 days, and 180 days.
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If a shareholder's request for an audit of the company's accounts is denied, they should first submit a written request and explain the purpose of the audit. If the company fails to respond or reject the request within 15 days, the shareholder may file a lawsuit. The lawsuit should specify the scope of the audit period, and the shareholder may appoint an accounting firm to assist them.
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To invoke the right of defense, it is necessary to prove that the necessary preparations for manufacturing and use had been completed before the application date and that the manufacturing and use only continued within the original scope. According to Article 75 of the Patent Law, the burden of proof lies with the alleged infringer.
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An invention made within one year after leaving the job that is related to the original unit's main duties or assigned tasks may be recognized as a service invention, and the patent ownership belongs to the unit. The core of the dispute lies in the completion time and evidence.
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If a patent is rejected, the applicant may request a review within three months after receiving the notice. If the applicant disagrees with the review decision, they may file a lawsuit within three months. They may also evaluate and modify the application documents (without exceeding the scope), split the application into separate cases, or re-apply for the patent.
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If a trademark is preemptively registered by others, the following legal remedies are available: raising an objection (with a three-month public announcement period); declaring the registration invalid (within five years after registration, and there are no restrictions on maliciously registering well-known trademarks); and initiating the "three-year revocation procedure". It is necessary to colle...
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There are four aspects to determine whether a legal consultant is professional: verifiable professional qualifications, matching field experience, process standardization (conflict of interest and confidentiality review), and transparent fees. The 2017 amendment to the Lawyers Law stipulates mandatory requirements for practicing lawyers.
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The evaluation of medical damages usually takes one to three months, and complex cases may be extended to more than half a year. The appraisal institutions should decide to accept the application within seven working days, and the period shall not be included in the time limit for trial. It is recommended to seal the medical records as soon as possible and apply for the appraisal as soon as possib...
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Upon notice from the court, if the appraiser refuses to appear in court to give evidence without a valid reason, the appraisal opinion shall not be used as the basis for determining the facts, and the appraisal fees already paid may be requested to be refunded; the parties have the right to request the appraiser to appear in court.
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The process of initiating a lawsuit by a unilateral pre-litigation commission is quick, but the probative force of the evidence is limited. Applying for a court-commissioned investigation during the litigation process is more reliable and has a higher credibility. It is recommended to first seal the medical records, and if no agreement can be reached, then apply for a court-commissioned investigat...
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When multiple appraisal conclusions conflict with each other, the court shall conduct a comprehensive review based on the qualifications, procedures, and sufficiency of the basis, and shall not take the latest one as the standard. A re-appraisal must comply with the statutory circumstances, and the parties may apply for the appraiser to appear in court for cross-examination.
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When the appraisal fails to reach a conclusion, the court shall make a judgment based on the existing evidence, the burden of proof, and medical treatment standards; if there are objections to the cause of death, an autopsy shall be conducted within 48 hours, and if the medical records violate regulations, the hospital may be presumed to be at fault.
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When the appraisal opinion conflicts with the medical records, the court shall review and judge it based on the evidence of the whole case; if the medical records are concealed, forged or tampered with, it can be presumed that the hospital is at fault. The patient's party may apply for a document appraisal and seal the medical records to fix the evidence.
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