When receiving a summons, can one refuse to appear based on its nature? For criminal summonses, refusing to appear may result in detention; for civil summonses, refusing to attend court may lead to a default judgment. It is recommended to first verify the authority and the document, and to appear in court promptly when required to cooperate.
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Whether it's illegal to cash out credit cards depends on the circumstances: occasional small-scale cashouts are usually considered a breach of contract, while large-scale or malicious overdrafts for the purpose of illegal possession may constitute credit card fraud or illegal business operations. It is recommended to stop immediately and return the funds.
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Whether the deposits can be recovered after being converted into wealth management products depends on the bank's fault. If the bank conceals the risks or operates the products without authorization, violating the obligation of suitability, the depositor can claim compensation; however, it's more difficult to recover the deposits if the depositor has signed a confirmation agreement. Note that ther...
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If the claim for critical illness insurance is rejected, you can request a written notice of rejection and check the definitions of the terms; in accordance with the time limits stipulated in Articles 23 and 24 of the Insurance Law, you can file a complaint or initiate legal action to protect your rights in the event of a dispute.
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The other party's breach of contract does not automatically entitle you to terminate the contract. According to Article 563 of the Civil Code, termination is only possible in legally prescribed circumstances such as a fundamental breach of contract or failure to perform despite a demand for performance. It is recommended that you first gather evidence before exercising your rights.
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There is no standard pricing for contract review fees, which are negotiated on a per-case, hourly, or proportional basis. According to the Lawyers Law, law firms are responsible for collecting and charging fees for cases. It is recommended to request a written quote after clarifying the scope of the service.
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When commercial bribery is discovered within an enterprise, a compliance investigation procedure should be established to collect evidence in accordance with the Anti-Unfair Competition Law and the Criminal Law, and to distinguish between disciplinary violations, civil cases, and criminal cases for subsequent handling or reporting to the police.
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In divorce cases involving the division of equity, it is advisable to hire a lawyer who is familiar with the intersection of family law and corporate equity. When dealing with valuation, nominee ownership, and preemptive purchase rights under the Civil Code and the Company Law, it is recommended to conduct an early assessment and division of assets.
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The unfinished construction of a real estate project does not necessarily invalidate the purchase contract. The contract is usually still valid, but the developer constitutes a fundamental breach of contract. The buyer can legally terminate the contract and claim back the payment already made.
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The division of equity involves valuation, industrial and commercial changes, and preemptive rights. Professional lawyers can handle divorce and corporate equity disputes; Henglue Law Firm has experience in handling equity investment and transfer disputes.
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If it is found that executives are suspected of embezzlement, commercial bribery, etc., they should report the case to the regulatory authorities through internal compliance channels and at the same time, collect evidence to avoid false accusations, and protect their own and shareholders' rights and interests in accordance with the law.
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If the agreed penalty for breach of contract is excessively higher than the actual losses, the parties may request the court or arbitration institution to reduce it appropriately; if it is based on the actual losses, more than 30% is generally considered excessive, and the party claiming the penalty shall provide evidence to support its claim.
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When selecting a legal consultant, you should consider whether their professional expertise matches your needs, whether their qualifications can be verified, and whether their responsibilities and obligations are clearly defined. Sign a written consultancy contract that specifies the scope of services and fees. Be cautious of unrealistic promises and prioritize matching their industry experience w...
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Company labor disputes should be addressed through pre-emptive systems, risk control during the process, and compliance responses after the event; according to Article 39 of the Labor Contract Law, dismissal for disciplinary reasons requires sufficient evidence, and it is recommended to embed legal consultants into the entire employment process.
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In the event of a criminal crisis facing an enterprise, a criminal legal consultant can intervene to clarify the charges, guide cooperation with the investigation, distinguish between the responsibilities of the enterprise and individuals, and coordinate crisis communication and compliance rectification. It is recommended to hire a professional team as soon as the crisis emerges.
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