The lawyer explained that if the debtor transfers property to relatives without compensation or at a clearly unreasonably low price, the creditor may exercise the right of revocation to recover the property. The lawyer also pointed out the one-year and five-year preclusive periods and the key points of the burden of proof.
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The lawyer explained the differences between legal consultation and hiring a lawyer: consultation only obtains opinions and does not form an agency relationship; whereas entrusting a lawyer establishes an agency relationship that entitles the client to review case files and attend court hearings. The lawyer also highlighted the key points regarding contract signing and statutes of limitations.
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The lawyer explained the cap on the number of private equity fund investors: no more than 50 for limited companies and partnerships, and no more than 200 for stock and contractual funds. Exceeding this number may involve illegal fundraising and criminal risks, and the lawyer also provided advice on how to protect one's rights.
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The lawyer explained the criteria for identifying qualified private investors: individuals must have a financial asset of no less than 3 million yuan or an average annual income of no less than 500,000 yuan over the past three years, while institutions must have a net asset of no less than 10 million yuan. He also highlighted the key points of appropriateness and compliance.
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The lawyer explained the recourse path for private equity fund managers who misappropriate fund assets, which covers fixing the funding chain, filing civil claims and criminal reports in parallel, and holding custodians accountable.
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The lawyer explained the assistance that can be provided in corporate compliance rectification, including compliance checkups, system establishment, training, and responses to criminal cases, and emphasized the importance of proactive compliance and maintaining records of implementation.
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The lawyer explained that if one encounters unfair contract terms, they can legally claim that the terms are invalid or not applicable. The lawyer also provided guidance on the obligations to provide clear explanations of standard contract terms, how to determine whether the terms are grossly unfair, and the paths for filing complaints and lawsuits.
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The lawyer explained that before consulting on contract disputes, it is necessary to prepare evidence of the contract, payments, and communication, clarify the statute of limitations and the burden of proof, and suggest organizing materials to improve the efficiency of consultation and the quality of solutions.
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The lawyer explained the key points of dividing marital property in a divorce involving company equity, distinguishing between pre-marital and post-marital equity, ownership of appreciation, and preemptive purchase rights, and provided guidance on asset evaluation, preservation, and the process of seeking legal advice.
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The lawyer explained the steps the company should take in response to being reported for commercial bribery, distinguishing between administrative and criminal risks, and providing advice on internal audits, evidence collection, and compliance rectification to minimize liability.
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The lawyer explained that when dividing the company's equity in a divorce, it is necessary to distinguish between pre-marital and post-marital assets and the sources of investment. He also pointed out other paths for dividing the equity, such as the right of first refusal for other shareholders, value assessment, and compensation for the equity value.
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The lawyer explained that the contractual penalty for breach of contract shall be determined in accordance with the agreement, and if the agreement is unclear, it shall be determined based on the losses. He also provided guidance on the calculation basis, the starting time, the rules for adjusting the penalty that is too high or too low, and the key points for providing evidence.
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The lawyer explained the scope of the exercise of the right of bankruptcy revocation, distinguished between acts committed within one year and six months before the acceptance of the bankruptcy case, and listed revocable causes such as gratuitous transfer, unreasonable transactions, and individual settlements.
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The lawyer explained that family legal consultants can assist in drafting and reviewing divorce agreements and marital property agreements, and provide guidance on key review points such as the scope of assets, debt obligations, and transfer obligations.
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This shows that entrepreneurs need family legal advisors due to the intertwining of family and business assets. It also suggests using property agreements, equity isolation, and inheritance arrangements to prevent the impact of marital changes and inheritance on the business.
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