Private wealth inheritance lawyers can handle the inheritance of foreign assets, as well as the application of laws to cross-border wills, trusts, and inheritance. According to Article 31 of the Law on the Application of Laws, the law of the place where the property is located applies to real estate inheritance, so it is advisable to plan ahead.
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During the marriage, the income from stock trading and fund purchases belongs to the couple's joint property. The division should be agreed upon through consultation. If no agreement can be reached, the assets can be distributed in proportion to their quantity. If the spouse hides or transfers the account, the other spouse may claim a smaller share or no share at all, and apply for investigation a...
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If the seller breaches the contract and refuses to sell, the buyer may choose to continue performance, force a transfer of ownership, or file a claim for damages. The loss of the price difference shall be determined by appraisal. The time limit for litigation under the simplified procedure is three months, and under the ordinary procedure, it is six months. It is crucial to promptly remind the sel...
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If the penalty for breach of contract is excessively higher than the actual loss, the party may request the court or arbitration institution to reduce it appropriately. According to the judicial interpretation, a penalty exceeding 30% of the loss is generally considered excessive, and the party may claim a reduction through a defense or a counterclaim.
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The distribution of equity involves investment, control rights, dividends, and exit arrangements. Oral or template agreements are prone to leaving hidden problems. It is recommended to entrust a lawyer to draft a shareholder agreement before establishing or increasing capital, and a customized text can usually be completed within one to two weeks.
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The drafting of a contract involves formulating clauses from scratch, while the review of a contract involves identifying potential risks in the existing text. The review covers key aspects such as the subject matter, legal effect, payment terms, breach of contract provisions, and dispute resolution clauses. It is recommended to complete the review 3 to 5 working days before signing the contract.
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Civil and commercial litigation covers hundreds of types of cases, including contracts, companies, creditor-debtor relations, real estate, labor disputes, and infringements. In the event of a concurrence of breach of contract and infringement, parties may choose to assert one claim in accordance with Article 186 of the Civil Code, with a statute of limitations of three years.
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Business contract disputes can be resolved through four channels: negotiation, mediation, arbitration, and litigation. Arbitration offers a faster and final resolution, while small claims litigation provides a first-instance final judgment. Interim preservation during litigation can facilitate settlement, and terminating the contract can help mitigate losses in a timely manner.
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Contract disputes can be resolved through written reminders, mediation, filing complaints with 12315 or the competent industry departments, arbitration, or litigation; the general statute of limitations is three years, and the lawsuit must meet the conditions set forth in Article 122 of the Civil Procedure Law.
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For startups, it is recommended to avoid equal distribution of equity. The founding team should maintain control over 67%, 51%, and 34% of the shares and set aside an option pool. A shareholders' agreement should be signed to stipulate the maturity period and exit mechanism to prevent difficulties in withdrawing investments.
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Small and medium-sized enterprises' legal consultants typically cover five main modules: contract review, corporate governance, labor employment, creditor management, and intellectual property. They are hired on an annual basis, and a response mechanism within 48 hours can be included in the contract.
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The risks of tax-related invoices, commercial bribery, and fund-raising and financing enterprises involving criminal charges are high; for unit crimes, a dual-penalty system is applicable, so it is advisable to engage criminal consultants before risk signals emerge.
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The three high-risk areas for small and micro enterprises are contracts, employment, and accounts receivable: the statute of limitations is only three years, and labor contracts must be signed within one month; low-cost consultants can be deployed as needed.
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The fees charged by long-term legal consultants are set based on market conditions. In the Beijing market, the fees typically start at tens of thousands of yuan per year and range up to around 100,000 yuan for medium-sized enterprises. The exact fee will be determined after a face-to-face consultation.
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Criminal legal advisors typically provide six types of services, including compliance checkups, system establishment, risk training, decision review, crisis response, and case filing coordination. These services are contracted on an annual basis.
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