The second revision of the the People's Republic of China Company Law (hereinafter referred to as the "New Company Law") will come into force on July 1, 2024. At the invitation of Qingyuan Bar Association (hereinafter referred to as "Qingyuan Bar Association") and appointed by Shenzhen Bar Association, lawyer Huang Ting, senior partner of Shengdian Law firm, held a special lecture on the impact and response of the New Company Law on investors at Yingbin Hotel in Qingyuan City on the morning of April 21. This training activity was guided by Qingyuan Municipal Bureau of Justice, sponsored by Qingyuan Lawyers Association and attended by more than 100 Qingyuan lawyers.

(Lecture photo)

Based on the relevant provisions of the Company Law and its judicial interpretation before the amendment, Lawyer Huang Ting, combined with his rich practical experience as a company's legal adviser, special consultant for investment and financing projects, agent for company disputes, bankruptcy administrator, etc., made an in-depth interpretation of the new amendment to the Company Law.

Lawyer Huang Ting takes "the definition, the influence on the investor's contribution as a shareholder, the influence on the investor's exercise of the shareholder's rights, the influence on the investor's participation in corporate governance, and the influence on the investor's special rights" as the lecture outline, and uses the interpretation method of combining the revision clause comparison, "problem leading" and "impact response, the relevant contents such as" the impact and response to the investor's capital contribution as a shareholder "(eight sections)," the impact and response to the investor's exercise of shareholder rights "(six legal rights)," the impact and response to the investor's participation in corporate governance "(three sections)," the impact on the special rights of investors "(twelve agreement rights) and other related contents have been shared logically, systematically and clearly with the analysis.

Lawyer Huang Ting believes that the revision of the new company law not only has the obvious characteristics of the same legislative theory, but also has the characteristics of mechanism reform that keeps pace with the times and breaks through innovation. It fully embodies the revision purpose of compacting shareholders' capital contribution responsibilities, emphasizing the duties of directors and supervisors and enhancing the protection of the rights and interests of creditors of the company, and actively responds to the real market demand for the exercise of shareholders' rights and the effective governance of the company.

(Lecture photo)

In the exchange session, participants enthusiastically asked questions. "Under the new company law, how should the transferor protect its own rights and interests in the process of equity transfer, so as to avoid legal liability after the completion of the transfer?" "In practice, how can the withdrawal of capital contributions be effectively investigated and identified?" "If the transferor has completed the transfer of equity by concealing the company's external guaranteed debt, can the transferee claim compensation from the transferor?" lawyer Huang Ting answered the questions in detail and provided reference opinions.

Lawyer Huang Ting's teaching and training lasted nearly four hours, with remarkable results and good response, which was warmly welcomed and highly recognized by the relevant responsible persons and participants of Qingyuan Law Association.

[Practice Profile] Graduated from the Law School of Shenzhen University, currently a senior partner of Shengdian Law Firm, Deputy Secretary of the Shengdian Party Committee, Co-head of Shengdian Bankruptcy Administrator (Level 2), "Shengdian Lawyer Review" (Law Publishing House) Deputy editor, arbitrator of Maoming Arbitration Commission, member of the Corporate Legal Professional Committee of Guangdong and Shenzhen Lawyers Associations, and former member of the Business Development Committee of Shenzhen Bankruptcy Administrators Association. Now it is China Coal Energy Group Co., Ltd. (the first-level state-owned enterprise of the State Council), Shenzhen Baoan District Investment Management Group Co., Ltd. (the first-level state-owned enterprise of Baoan District), Shenzhen Longgang Financial Investment Holding Co., Ltd. (the first-level state-owned enterprise of Longgang District), Shenzhen Water Planning and Design Institute Co., Ltd. (301038.SZ, state-owned holding listed company), China Resources Property Technology Service Co, shenzhen Enterprise Evaluation Association (SZEEA), Shenzhen Dingcheng Technical and Economic Evaluation Center experts. Qualified as a securities practitioner, qualified as a senior manager of a private equity fund, qualified as an independent director of a listed company, and qualified as a senior corporate compliance officer.

[Practice Field] company legal affairs (including consultant, equity investment and financing and dispute resolution, shareholder/partner interest dispute resolution, commercial transaction), enterprise compliance (including central enterprises, state-owned enterprises operation compliance, anti-commercial bribery, contract management compliance system construction), enterprise bankruptcy liquidation (including reorganization, reconciliation, compulsory liquidation and debt restructuring), civil and commercial dispute resolution (including commercial contract disputes, foreign-related contract disputes, real estate rights confirmation, transaction and lease disputes, securities misrepresentation disputes, private equity fund disputes, etc.).

[Representative Honor] The "Case of Xu Moumou's Additional Debtor Company's Evacuation of Capital Shareholders and the Unfunded Equity Shareholders as Executed Persons" was named "2022 Shenzhen Lawyers Business Typical Case" by Shenzhen Lawyers Association in 2023 ". The "Shenzhen Beak Toe Yu Venture Capital Enterprise (Limited Partnership) Bankruptcy Liquidation Case" was rated as "Top Ten Enterprise Bankruptcy Typical Cases 2020-2022" by the Shenzhen Association of Bankruptcy Administrators in 2023 ". In 2024 and 2023, they were successively rated as excellent members of professional committees (company legal professional committees) in 2023 and 2022 by Shenzhen lawyers association. In 2022, he was named "Outstanding Young Lawyer" by the Shenzhen Lawyers Industry Committee of the Communist Party of China and the Shenzhen Lawyers Association ". It has been awarded the "Shenzhen Industrial Development and Innovative Talent Award" by the Shenzhen Personnel Public Service Center four times ". He has been awarded Shengdian's "Outstanding Young Lawyer Award", "Professional Team Award" and "Professional Contribution Award" for many times, and was named "Professional Model" and "Dedication Model" at the celebration of the 20th anniversary of Shengdian's establishment ".

[Contact]huangting@shengdian.com.cn