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Legal Advisory
2009-10-28 10:47:46 来源:Lawyer Qi
Lawyer Qi
The opening and reforming history of China in the past 20 years is also a history of making new laws and regulations all the way long. Laws and regulations made in different periods of the reforming normally bear the typical traces of that period which makes China’s enterprises legal system and market legal system a fairly huge and complicated one. As China entered into WTO, she is gradually mixing with international track both in terms of markets and laws. The changing of market competition environment and legal rules become a big challenge for the enterprises decision makers. Either the enterprises, decision makers or mangers can hardly make detailed research both in company management and legal policies. So, systematic legal service to enterprises by specialized legal agencies becomes a good solution.
Yet the traditional legal service is a passive mode ----- lawyers only get involved when an enterprise encounters with legal affairs that must be done by lawyers. The traditional legal service mainly deals with lawsuits, mostly solving existed legal disputes; seldom helps protect enterprises from possible future disputes. Lawyer Qi, when providing legal services to enterprises, is more encouraged to play an active role. When helping solving the problems of an enterprise, Lawyer Qi will take the initiative to understand the business activities of an enterprise, to point out possible legal risks and propose protecting measures. Especially, on the basis of understanding the evolution of an enterprise, its charter and regulations, reforming structures, its products, its service and other business activities, Lawyer Qi will formulate a mid-long term legal service plan for the enterprise in cooperation with the development strategy of the enterprise.
Lawyer Qi’s clients include domestic and foreign enterprises, which are either, limited liability companies or stock share companies, state-owned companies, collective and private enterprises, foreign invested enterprises, multinational companies and other foreign companies.
Lawyer Qi’s able to provide service in many fields such as corporate set-up, share transfer, acquisition and merger, corporate form rehabilitate, foreign exchange, tax, employer and employee relations and so on.
Active service is one of Lawyer Qi’s main principles to serve his clients. At the signing of a legal advisory contract, Lawyer Qi will investigate the history and present situation of the enterprise trying to understand deeply the background and requirement of the enterprise, make out a detailed legal advisory working plan, and propose solutions to findings during studying the corporate rules and regulations, management activities, major decision process and so on.
During service, Lawyer Qi will introduce in written form relevant laws and regulations and case updates regarding the business activities of the client. Lawyer Qi can also work at site at appointed time to provide professional explanations and legal opinions towards the concerned or possible met matters by the client. Such active service will strengthen the communications between Qi and his clients and save time, and will find and solve problems on time, which result in a most reasonable match of both sides manpower and material resources.
ONE: Working Procedures
Investigate and Analysis
Study enterprise history evolution, corporate form restructuring, development plan, periodical plan and other basic information
Study enterprise's product, service, technical materials and other business materials so as to understand the business characteristics of the enterprise
Understand the whole enterprise
Make Plan
Draft working plan based on the previous findings and requirement of the enterprise
Discuss and exchange fully with clients about the working plan and then apply for approval and executing from chief partner in charge
Working Method
Provide systematic legal advisory service
Enterprise can ask to meet the lawyer at time needed
Calls on enterprise periodically
Big and difficult legal affairs shall be discussed collectively in law office and being given final legal opinion
Working Report
Make a brief working sheet for each specific legal matter and file with the enterprise served
Make conclusions of the previous advisory work at the end of each season and file with clients the working report
Return Visit and Routine Check
The law office shall periodically or from time to time get feedback from the clients about the sesvices rendered by Lawyer Qi.
TWO: Main service areas
Due Diligence Investigation
Enterprise investment, target enterprise,s structure rehabilitation, assets, legal status investigation
Major business partner,s investigation, periodically visit to enterprise by advisory lawyer
Specific Consultation
Legal investigation and legal opinion provision on specific affair raised by an enterprise
Legal consultation service on specific business to be done by an enterprise
Examination for the lawfulness of various legal documents
Examination for the lawfulness of various transaction structures
Project Consultation
Overall legal consultation service for the setup, construction and operation of a specific project
Project Consultation and Agent
Acting as the agent of an enterprise to participate in negotiation and coordination with relevant parties for the setup of specific project
Acting as the agent of a project to examine or draft documents such as contract and articles of association
Acting as the agent of a project to go through the government approval and filing formalities. Carring on legal investigation and provid legal opinion on specific issue.
By the way, traditional lawyers, service mainly concentrated on lawsuits, which require the lawyer to have profound legal knowledge, sharp-witted discerning power and strict logic thinking power. But the present situations bring out more and more challenging requirement on legal service from lawyers, apart from above qualities, a lawyer will also need sharp insight, super advanced thinking and ability to accept new things. In this regard, accumulated years of professional experience, Lawyer Qi enjoyed high reputations in his different practicing fields.
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