Author Archives: Jingzhan.Wang

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About Jingzhan.Wang

An international Lawyer, based in China. (with phone nubmer: (+86)13920701735. Email: b.forest@163.com Providing full legal services for internaional coporations and individuals: contract disputes, international trade, international construction project, trans-regional investment, company merge and aquire, marine disputes, trademark, copyright, trans-naitional crime charge/denfense, and more. Our lawyers can speak both English and Chinese. We provide particular solutions for the disputes you're involving.

The risks brought by the inconistency between domicile and business place

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Risk 1: The company may be put in the list of abnormal business operations by the market supervision department

According to the Interim Measures for the Management of the List of Enterprises with Abnormal Business Operations, enterprises that cannot be contacted through registered residences or business premises will be included in the list of enterprises with abnormal business operations. This information is published on websites such as the Enterprise Credit Information Network, and is also displayed in some enterprise information query apps. Once listed in this directory, it will have an impact on the reputation of the enterprise.

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China Civil Procedure Law

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China Civil Procedure Law: Civl and Commercial Legal Procedure in China

(Adopted at the Fourth Session of the Seventh National People’s Congress and promulgated by Order No. 44 of the President of the People’s Republic of China on April 9, 1991)

Contents

Part One General Provisions

Chapter I The Aim, Scope of Application and Basic Principles

Chapter II Jurisdiction

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a loan contract dispute in China:Suzhou branch of a bank sued a plastics company, a technology company, etc.

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Basic facts of the case

In 2006, the Plastic Company signed a Factoring Agreement and a Comprehensive Credit Agreement with the bank for its accounts receivable claims against the Technology Company and notified the Technology Company. The Technology Company remitted part of the accounts receivable to the Plastic Company’s escrow account at the bank. In 2008, the bank sued the Technology Company for repayment of overdue accounts receivable of more than 2 million US dollars and required the Plastic Company to assume additional repayment liability in accordance with the terms of the repurchase factoring. The Technology Company defended itself with the prohibition of transfer clause stipulated in the purchase and sales contract signed between it and the Plastic Company.

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Lawyer Wang attended alumnus of Law School of Tianjin University

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On June 21, 2024, the first “International Arbitration” special topic of the Tianjin Foreign Law School Alumni Homecoming and Series of Academic Salon Activities co-organized by the School of Law of Tianjin University and the Tianjin Lawyers Association was successfully held at the Weijin Road Campus of Tianjin University.

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Understanding Foreign-Related Civil and Commercial Cases in China

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What are civil and commercial cases involving foreign elements?

According to civil procedure laws of China, foreign-related civil and commercial cases refer to civil and commercial cases that involve foreign elements, including:
　　(1) cases where one or both parties involved are foreign individuals, stateless persons, foreign entities or organizations;
　　(2) cases where one or both parties involved have their habitual residence outside the territory of the People’s Republic of China;
　　(3) cases whose subject matter is located outside the territory of the People’s Republic of China;
　　(4) cases where the legal facts that establish, modify, or terminate civil relationships occur outside the territory of the People’s Republic of China; and
　　(5) cases that can be determined as foreign-related civil and commercial cases.

Civil and commercial cases involving Hong Kong, Macao, and Taiwan refer to those involving elements related to Hong Kong, Macao, and Taiwan. The standards for determining Hong Kong, Macao, and Taiwan-related elements can be referred to the provisions mentioned above regarding foreign-related civil and commercial cases.