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苏商律师事务所--外资企业常年法律顾问介绍
First, the main contents of daily legal services provided by our Legal Counsel department
(1) Legal services on the establishment, mergers, and restructuring of companies
1. We provide legal services for companies who are setting up new branches and subsidiaries by assisting project sectors in accomplishing the project and various business registration procedures, and by submitting relevant legal opinions on establishment and helping rationalize the various equity relationships.
2. Investigate the basic situations of the company which will be reorganized or merged, submit legal opinions on the action of mergers, guide the company to formulate various legal documents and finish the administrative procedures related to mergers.
3. Assist in the assessment of property during liquidation procedures, negotiate on the transfer of assets, and draft the relevant legal documents.
4. Acting as an agent to participate in the settlements of various legal disputes involved in the reorganization process.
5. Assist in formulating and reviewing various contracts, including the contracts on transfer of equity acquisition, purchase contracts, and contracts on commission by the shareholders.
6. Participate in such activities as the company's organizational design, corporate governance structure planning, corporate finance (project finance, structured finance design), industrial development planning, and the project investment legal services.
7. Assist in the completion of various effective meeting summaries and records.
8. Assist the Finance Department in employing service agencies on behalf of the company.
9. Provide the timely provision of the relevant laws and offer training about the new Company Law.
(2) The service on company's shareholders, board of directors, corporate governance
1. We assist the Board Secretary to complete kinds of legal meetings, and formulate various legal documents.
2. We offer legal services on the company's shareholders equity transfer in the entire process.
3. Assist in the completion of the Board of directors, the meeting will be convened shareholders meeting process and the legitimacy of the content and procedures.
4. Assist in establishing a sound system of the shareholders meeting, the Board work and general works of managers.
5. Acting as an agent to participate in the litigation on the relevant stake dispute, right dispute, equity dispute and violations of property rights.
(3) Legal services on the company labor relations
1. We draw up multifarious labor contracts, coordinate labor relations, and in a timely manner, assist the personnel departments in legal work related to renewal or dismissal of the labor contract.
2. Drafting, and signing agreements related to no-compete and the protection of commercial secrets; formulating the internal rules and as well as the internal regulations.
3. In face of the personnel’s departure, the Human Resources Department and the financial sector will be helped during the process of leaving and auditing by our firm.
4. Resolve labor disputes, and deal with various types of labor litigations and arbitration, sticking up for the rights and interests of the company.
5. The timely provision of the latest law about regulations and related information will be offered for the staff by law training and legal advocacy with the Human Resources Department.
(4) Legal services on intellectual property and trade secrets
1. It is our duty to provide legal advice on the implementation of intellectual property licensing, to review and amend contracts such as investment programmers and other types of intellectual property contracts.
2. It is also our duty to carry out Patent applications, the revocation or invalidation of intellectual property rights, software copyright registration, customs registration and so forth.
3. We offer legal opinions on the infringement of intellectual property, conduct investigation and evidence-collection, and deliver letters to the company issued; participate in the litigation which involves ownership of intellectual property, contract disputes, and infringements of contracts.
4. Assist companies in formulating intellectual property rights, including the protection of commercial secrets and management systems, and the review of the various licensing contracts. Improve the staff’s awareness on protection of intellectual property by relevant training.
5. Assistance is offered in the formulation of strategic objectives trademarks plan, and we are mainly responsible for legal proceedings.
6. Moreover, we will assist qualified companies in China to create brand names and well-known trademarks.
(5) Legal services on corporate credit management
1. Formulate the contract management system and claims for credits combined with the actual situation.
2. Draw up various business contracts of different sectors, review professional contracts and negotiate in the process of drafting.
3. Release documents to claim and supervise in the fulfillment of the contract, and submit litigation if breach of contract exists.
4. We provide training on Contract Law, both theoretical and practical.
5. Assist the state Administration for Industry and Commerce in assessing provincial and municipal trustworthy enterprises, attempting to create leading trustworthy ones.
6. We offer other consulting services involving daily contracts using, and provide regular legal services for affiliated companies.
(6) Legal Service on Building (see my specific legal services to the construction programmer)
1. It is our duty to provide legal opinions and legal documents concerned in the procedure of the construction company’s establishment and operation, and to guide the company in the activities of signing internal and external contracts and replying for company's external communication instruments; meanwhile, we direct the construction company on management concerning the construction of the BOQ, letters, reporting ,notification ; moreover, we offer assistance for construction companies in the establishment of contract management systems and claim systems.
2. Participate in or agent for the activities involved in previous land-use right transfer, including negotiations, drafting, revision, and approval of the contract.
3. We offer legal consultation on the construction project bidding, review the bidding documents, afford testimony for bidding, and deliver legal opinions on the evaluation of tenders; more than that, we will exam the professional qualifications and business qualifications of relevant units on behalf of our clients.
4.we participate in or agent for negotiating, drafting and reviewing the contracts which are composed by contracts for working, engineering, survey and mapping, designing, the total contracts, subcontracts, equipment installation contracts, equipment and materials procurement contract, the fitment contract, project management contracts and so forth.
5. We provide legal services on the changes of construction projects, visas, supervision, inspection, budget and final accounting of revenue.
6. We offer help for the constructive company to seek evidence in the changes of building project cost and the amount of projects; supervise and urge the company to transact visa timely, accumulating and storing relevant data at the same time; handle disputes raised by the project cost.
7. We provide legal services for the activities as follows: procurement of goods, large-scale equipment procurement, construction projects by bank loans, bidding inviting on service projects.
8. Review the information involved in the action of quality acceptance, and deal with the controversy over the quality of works.
9. We engage in the transaction of engineering insurance and improve risk-prevention capabilities, whose purpose is to ensure that the construction be carried out normally.
10.In face of the transfer or mortgage of construction, we will assist in programmer planning and reasoning, taking the responsibility of drafting and reviewing correlative legal documents, taking part in the negotiating of the contracts, finishing the relevant legal procedures.
11. When the project is completed at last, it will be our duty to check and accept it and audit its final cost.
12. Agent for various types of constructive litigations and arbitrations, which are caused by various reasons such as project contracts, construction, quality, time limit, payments, claims, funds of the project, salaries and so forth.
（7）Legal Service for Real Estate
1. We provide full ranges of legal services for real estate development, including project proof, feasibility report, cooperative development, planning, relocating, tendering ,constructing, design, mortgage, sales as well as realty management;
2. Provide legal opinions and formulate legal documents for the establishment and operation of real estate companies of all kinds, including Comprehensive Company and Project Company;
3. We provide legal opinions for overall corporate developing program to assist in project preparation and pre-project planning approval procedures.
4. Legal opinions are offered for the project investment, financing, transfer of project company shares; blue print are designed; besides, we participation in the negotiations and draw up related legal documents;
5. Provide legal opinions for assign, transfer, lease and mortgage of the right to the use of land, as well as related legal papers;
6. Provide legal opinions for relocation, compensation and resettlement, development of used land, participating in negotiations and draft legal papers;
7. Provide legal opinions for project tender & bidding of construction prospecting, designing, constructing and procurement, draft general contracts for undertaking a project, subcontract and other related contracts;
8. Assist in designing program for sale (pre-sale) or lease (pre-lease), and modifying selling & leasing conditions, or reviewing the legality of real estate projects at the view of buyers’ lawyer;
9. Draft agency agreements on houses leasing & selling, assist in determining leasing & selling plans for developer and seller;
10. Draft agreements on housing subscription and housing selling, and help to go through procedures of advance registration and real estate ownership certificate;
11. Assist developers in subscribing documents with lawyers abroad and release legal submissions on overseas house-selling.
12. As an agency for developer or the purchaser, we deputize them to go through such procedures as tax, land transfer, registration, housing mortgage loaning, and notary of agreements and so on;
13. Help to go through procedures of contracts registration & recording, and assist in applying and receiving real estate ownership certificates, for instance,” real estate warrants”;
14. In order to determine the property management program, we provide legal opinions to assist in studying feasibility of property management program;
15. Draft, review and modify agreements, bylaws, and other legal documents relating to property management;
16. Assist in going through procedures relating to property management, design & establish for advance intervention and regular management of property Management Company;
17. Draft, review and modify Owner Regulation;
18. Draft, review and modify contracts on advance property management, and provide other related legal services;
19. Legal service for mortgage, purchase and transfer of construction in process and real estate for industrial, commercial and living use;
20. Legal service for property investigation, second-hand house purchasing, inheritance, donation, assessment and auction and so on.
(8) Financial and legal instruments business of company
1. We offer help for the company to review loan contracts, and provide legal opinions on the loan items.
2. We provide legal services on project financing, lease financing, financing options, bond financing, business financing and other financing activities; meanwhile, we provide legal services on the provision of the banking and corporate debt restructuring claims, the handling of non-performing assets, including sales and auction.
3. For all kinds of commercial exchange and clearing instruments, we also provide legal services on L/C fraud and other financial instruments disputes and relational criminal cases.
(9) Companies involved in the administrative law services
1. For the benefits of the company, we coordinate with the administrative department, analysis the facts and the reasons for administrative punishment and review the legal basis for punishment .And, with the purpose of reducing loses, we, in behalf of the company, apply for the hearing, evasive, administrative proceedings or reconsideration in case of illegal and unreasonable acts.
2. We provide relevant rules of law, and claim for the state compensation in line with the states requirements, and furnish our firm with other related legal services.
3. Help to coordinate the public relationship between the company and administrative departments.
(10) Services for companies involved in economic crime and position crime
1. We will provide a full range of legal services to criminal defense when the company involved in criminal cases.
2. We will act in connect with Justice Department in case of violations of the company’s legitimate rights and interests, and investigate criminal responsibility if offended.
3. Claim for civil compensation attached to criminal cases.
4. Coordinate the relations between the company staff.
5. Offer the training of knowledge of criminal law for the staff, for the prevention of dereliction of duty.
(11) Agency services for civil and commercial litigation and arbitration cases
1. Dealing with civil, economic and administrative cases with fully authorized.
2. Acting on behalf of company, we can execute various commercial arbitration cases, so as to safeguard the legitimate rights and interests of the company during the arbitration process.
3. Help to coordinate the public relationship between the company and trial department.
(12) Capital & credit investigation
1. Investigate the partners’ situation, such as, the enterprise registration, shareholders and investors of shares conditions, business license inspection, industrial and commercial registration and alteration.
2. To survey the real situation such as the ownership and mortgages of the real estate and construction - in-progress; situation that involves the transfer of machinery and equipment, and other movable property mortgages.
3. We also investigate other situations about the partner, for instance, its business rights, intellectual property rights, and the status of mortgage.
4. Investigating and collecting evidence for the enterprise as soon as we find out its trade marks, names, patent or reputation are infringed or counterfeited.
5. Other surveys in accordance with the law could also be conducted.
(13) Handle public relations appropriately
Legal services work is a job requires professional knowledge as well as the capability of the coordination of public relations, which plays a vital role in the work of the legal service to some degree. Such work primarily demands the coordination of relationships between the public security departments, industrial and commercial administration departments, and the media sector.
(14) Supply legal advice on the daily work of the company; notice the latest legal information related.
We can solve the legal issues which are encountered by company in the daily work, in the form of legal document or timely legal advice. Besides, we regularly provide the latest legal information and legislative developments related, in the company of timely training and lectures.
(15) Legal services on company investment
1. We seek to understand the real situation of the investment partners, and draft legal instruments concerning investment, in order to safeguard all aspects of corporate interests.
2. We seek to understand the real assets situation of the investment partners, which is achieved by the legal investigation submissions and so on, and whose purpose is to safeguard all aspects of corporate interests.
(16) The issue of company stock and other securities business areas
1. Assist the company in developing special programmers on overseas listing.
2. Help domestic companies that are listed with special programmers.
3. We offer help to a listed company to select a suitable agency, which intents to reduce the total cost towards an acceptable level.
PS: More information regarding the issue of company stock and other securities business areas, contact us.
Second, service mode& service plan
Modes of services
(1)Counsel Group:
For the company that is larger and thus has more corporate legal affairs, we will designate 2-4 lawyers and staff services group for it to provide legal counsel. The leading counsel is responsible for specific legal work, while the Assistant responsible for the general affairs; meanwhile, we will arrange lawyers to the office at fixed working hours according to the state of affairs .Moreover, we will dispatch Permanent professional lawyers to deal with the routine business, on the basis of a reasonable payment of the requested Legal Affairs.
(2)Counsel Group plus the outstanding services:
Aiming at distinct legal issues, we will appoint adding personnel who is specialized in the relevant areas. So it is the same that when there is an emergency situation requires more professional and experienced lawyers, we will take the same measures to ensure timely service.
Standard: Arrange professional lawyers who are specialized in distinctive areas according to different issues; Formulate legal counsel plan in advance; Fulfill general affairs which are composed of consulting service, contract modification, notification of latest legislation and so forth; Drop in at the company in intervals; Keep in touch with our clients to improve our counsel service step by step.
Features: we provide online network to offer service swiftly, efficiently with lower cost; we possess huge legal websites to offer large number of legal information.
We appoint eminent consultant to deliver lectures on the issues that our clients concern and on the trends or movements of China's legislation so that our clients could keep abreast of the latest laws and adjust their regulations accordingly.
B) Service plan
1. Understand and manage the potential legal risks in company
Mainly aiming at learning the basic circumstances of the consultancy, including its history, current business conditions, management structure, departmental structure, business processes, intellectual property rights, the industrial and commercial registration, taxation and registration materials, we law firm get to understand the existence of the law risk in the company.
After in-depth understanding of the company, we will put forward proposals to improve the company's internal management, resolve legal issues which were left over by history, and furthermore, guarantee smooth operation of the company.
2. Standardize various texts and personnel management
Collect all types of contracts in the company (including labor contracts, purchase and sales contracts, processing Contracts, import and export contract for the sale, etc.).
The texts of contracts we receive will be researched and analyzed from a professionally legal angle combined with the actual situation of the customer companies. Essential factors of contracts will be standardized; clauses will be screwed and deficiencies will be amended, and help will be offered for the constitutions of a standard contract.
Organize the training on contract managements and revise the norm of company’s regulations to prevent the occurrence of labor disputes.
Assistance is offered to treat with the contract renewal and firings; draft agreements and internal rules on affairs concerned competing industry and trade secret protection ; in face of the personnel’s departure, the Human Resources Department and the financial sector will be helped during the process of leaving and auditing; resolve labor disputes, and deal with various types of labor litigations and arbitration, sticking up for the rights and interests of the company; the timely provision of the latest law about regulations and related information will be offered for the staff by law training and legal advocacy with the Human Resources Department; agent for companies to handle all types of personal injuries and damage, as well as prevention of occupational diseases.
3. Understand the intellectual property of the company
It is our duty to emphasis the protection of intellectual property rights in enterprises as well as to realize the possible infringement risks, which is intended to help enterprises sense the value of intellectual property rights, and is achieved by providing enterprises with intellectual property-related legal knowledge and special lectures.
Assistance is offered in the formulation of strategic objectives trademarks plan, and we are mainly responsible for legal proceedings.
Moreover, we will assist qualified companies in China to create brand names and well-known trademarks.
It is also our duty to carry out Patent applications, the revocation or invalidation of intellectual property rights, software copyright registration, customs registration and so forth.
4. Legal training on crime prevention
To make the company’s needs, we will provide legal training to some departments which are potential to create crimes by taking advantage o f duty. The target is to enable staff to understand the relevant Criminal Code and provisions on economic crimes, and consequently prevent the probability of crime.
5. Legal services on the management of tax
Participate in fixing tax-price, negotiating， signing contract, drafting plans on tax saving ;Establish tax-related risk prevention system; offer a comprehensive plan in the tax structure about tax-related items and multinational; tax consultancy services; assistance and defense is supplied once needed; law training for the staff.
6. Management on contracts and credits
Formulate the contract management system and claim for credits combined with the actual situation; draw up various texts of the contracts, review them and negotiate in the process of drafting; release documents to claim and supervise in the fulfillment of the contract and submit litigation if breach of contract exists; training on Contract Law, both theoretical and practical; assist the state Administration for Industry and Commerce in assessing provincial and municipal trustworthy enterprises, attempting to create leading trustworthy ones.
7. Capital & credit investigation services
On he request of candidates or business partners, we will investigate the partners’ situation, such as, the enterprise registration, shareholders and investors of shares conditions, business license inspection, industrial and commercial registration and alteration.
Survey the real situation such as the ownership and mortgages of the real estate and construction - in-progress; situation that involves the transfer of machinery and equipment, and other movable property mortgages.
We also investigate the other situations about the partner, for instance, its business rights, intellectual property rights, and the status of mortgage. Other surveys in accordance with the law could also be conducted.
8. Legal services on cooperate banking, investments and finance
1). We offer help for the company to review loan contract, and provide legal advice on the loan items.
2). We provide legal services on project financing, lease financing, financing options, bond financing,
business financing and other financing activities; meanwhile, we provide legal services on the provision of the banking and corporate debt restructuring claims, the handling of non-performing assets (sales and auction).
3). For all kinds of commercial exchange and clearing instruments, we also provide legal services on L/C fraud and other financial instruments disputes and relational criminal cases.
9, the Labor law training
Aiming at the company's labor problems while considering the Company's actual labor disputes, we would appoint an eminent and professional lawyer to carry out a deep analysis of relevant laws and afford more skills of signing labor contracts and so on.
10, legal training for frontline staff
To improve the staff’s knowledge and awareness about law, we appoint relevant professional lawyers who are well-educated and with adept teaching skills to offer free business legal training.
11, tax proposals
Aiming at the company's tax problems in the process of tax imposing, we would appoint an eminent and professional lawyer to give comments on how to pay tax legitimate with maximize tax-saving purposes.
12, summary and evaluate the legal risks
Recalling the service of the whole year, we request the consultants to make comprehensive evaluation on the quality of services and methods of working as well as the status of the consultants’ actual situations. After consulting with the consultant on next year's service plan, we will sign the following year’s contracts together.
Third, the introduction of our firm and its achievements
introduction of SUSHANG law firm
Su, which is located in Nanjing’s political, economic and cultural center, rounded by well-known universities, provincial and municipal governments and the executive and the judiciary, was approved by the Justice Department of Jiangsu Province .Su, with its convenient transportation and excellent service as well as its outstanding management, is the most extraordinary one of the law firms in Jiangsu.
Su owns a high-quality lawyer team, which is composed of lawyers from large enterprise groups, Ministry of Justice as well as courts, with the LLD or LLM degree. Our lawyers not only have a solid foundation of law, but also have rich experience as well as comprehensive academic background. Focusing on legal counsel services for enterprise in different areas, Su sets up special business consultancy groups, including advisory group for western enterprises and German-owned enterprises, consultant group specialized in the real estate, construction, maritime &shipping areas, as well as in enterprise labor areas.
Through its own endeavors, Su pours its heart to carefully construct the most comprehensive professional legal services Web site where customers get access to a large number of professional legal knowledge. We are expert not only in acting on behalf of enterprises for litigation cases, but also in providing enterprises with legal services, which is aiming to minimize the legal risk with prevention and help the enterprises to comprehend law concisely and efficiently so that they no longer view the law as a burden. Meanwhile, Su provides comprehensive legal training for enterprises, of which the content mainly concerning enterprise legal management, corporate contracts and credit claiming, enterprise labor relationships, intellectual property management, litigation and arbitration practice, the Company Law training and other legal training for the staff.
We are not traditional, but specialized and comprehensive in a form of company operating. Su, whose history is not so long, was established according to the companies’ needs in the background of market economy and the integrity of law. Only by continuously enhance our professional capacity, and only in this way to make the firm stronger, can we assign excellent and predominate lawyers for enterprises. In the blueprint of our firm, we are achieving to create brand as a specialized and professional law firm with group work.
While our firm is sparing its efforts to develop foreign clients and offer oversea services, the main clients of Su are still various types of enterprises in Jiangsu. Su focuses on providing a standard international service for our clients; meanwhile, it never forgets to establish nice relationships with foreign advisory bodies and counsel bodies.
Rich experience in enterprise managing and business services, solid knowledge of law, combined with good public relations, united in a spirit of cooperation, the supremacy of customer service concept ,all of which are indispensable for Su to bring forward rapidly a full range of enterprise solutions. Choosing our firm is equivalent to select a stable, efficient, high-quality, professional legal services.
Culture of SUSHANG legal firm
Values: service for customer, society, and justice.
Service concept: Let customers enjoy brand of legal services, so that customers receive professional legal services to clients create more social value.
Management: innovative management model, and standardized business processes, the development of science system.
Elite concept: seek huge developments.
Standards of Service: we will safeguard the interest of our client with good faith and excellence legal services.
Service advantages: rich experience, a distinct division of the professional areas, a wide range of networks, good public relations, and a highly efficient service team.
B) the achievements of Su
we offer our services for enterprises in various areas which are listed as follows: our national company, foreign-funded enterprises, listed joint-stock companies, LLC, and the franchising business, international trade enterprises, machinery manufacturing enterprises, IT information enterprises, and real estate companies, construction companies, pesticide manufacturers, and pharmaceuticals production enterprises, etc.
We offer specialized service in different issues, such as, restructuring of state-owned enterprises, large joint-venture projects, M&A, foreign investments, the company corporate governance, regional legal management.
We provide services for large customers to establish the reputation of credits province-wide and nationwide, building systems on contract management, and acclaim a large amount of nonperforming loans.
Successful operation of our client’s real estate projects makes our clients acquire the economic interests for tens of millions. As an agency for many construction companies, we not only provide integrated legal services, but also have won many cases and achieved good reputation.
We assist our major clients in creating name brand and well-known trademarks in China, acting as the company to engage in litigation of trademark infringement and patent infringement, commercial disputes in technological secrets, and other non-litigation. Currently, on behalf of our clients, we have achieved outstanding results facing with some giants foreign enterprises.
We offer programs on the management which involves labor and employment, personnel management for large enterprises, small and medium-sized enterprises, foreign-funded enterprises, achieving good performances ultimately.
We provide splendid legal services for local government who spares no effort to bring in foreign investment and funds, achieving good performance.
In the development of the business model ,we provide legal assistance for the general workers and peasants .For example ,we acted as an agent to put forward a suit against a petrochemical plant who dissolved labor relations with hundreds of workers arbitrarily and breached the Labor Law; we provided legal services to a hundred farmers among whom land disputes existed; we acted as an agent in arbitration for 100 employees against a foreign-funded enterprises in Kunshan which denied overtime wages and social security ,winning millions salaries back ultimately.
After performing predominantly for the past years, we gained much experience, but that is not the end of our developing. On the foundation of that, we believe that in the future we will seek for a greater performance, accumulate more experience and offer our customers with better service.
6, concluding remarks
We are honored to communicate with your company and will remain nice connection with your company. We have been working hard and responsibly with our heart and soul, expanding our customer groups constantly .Choosing our firm is equivalent to select a stable, efficient, high-quality, professional legal group.
We sincerely hope that both sides would be able to establish business cooperation relationships, by assisting enterprise management and reducing legal risk to a minimum. It is our perpetual aim to shape a distinguished noted law firm with our professional knowledge of the law and the value of working for customers diligently and full-hearted, and it is always our belief that the interests of our clients are our best interests!
(1) Legal services on the establishment, mergers, and restructuring of companies
1. We provide legal services for companies who are setting up new branches and subsidiaries by assisting project sectors in accomplishing the project and various business registration procedures, and by submitting relevant legal opinions on establishment and helping rationalize the various equity relationships.
2. Investigate the basic situations of the company which will be reorganized or merged, submit legal opinions on the action of mergers, guide the company to formulate various legal documents and finish the administrative procedures related to mergers.
3. Assist in the assessment of property during liquidation procedures, negotiate on the transfer of assets, and draft the relevant legal documents.
4. Acting as an agent to participate in the settlements of various legal disputes involved in the reorganization process.
5. Assist in formulating and reviewing various contracts, including the contracts on transfer of equity acquisition, purchase contracts, and contracts on commission by the shareholders.
6. Participate in such activities as the company's organizational design, corporate governance structure planning, corporate finance (project finance, structured finance design), industrial development planning, and the project investment legal services.
7. Assist in the completion of various effective meeting summaries and records.
8. Assist the Finance Department in employing service agencies on behalf of the company.
9. Provide the timely provision of the relevant laws and offer training about the new Company Law.
(2) The service on company's shareholders, board of directors, corporate governance
1. We assist the Board Secretary to complete kinds of legal meetings, and formulate various legal documents.
2. We offer legal services on the company's shareholders equity transfer in the entire process.
3. Assist in the completion of the Board of directors, the meeting will be convened shareholders meeting process and the legitimacy of the content and procedures.
4. Assist in establishing a sound system of the shareholders meeting, the Board work and general works of managers.
5. Acting as an agent to participate in the litigation on the relevant stake dispute, right dispute, equity dispute and violations of property rights.
(3) Legal services on the company labor relations
1. We draw up multifarious labor contracts, coordinate labor relations, and in a timely manner, assist the personnel departments in legal work related to renewal or dismissal of the labor contract.
2. Drafting, and signing agreements related to no-compete and the protection of commercial secrets; formulating the internal rules and as well as the internal regulations.
3. In face of the personnel’s departure, the Human Resources Department and the financial sector will be helped during the process of leaving and auditing by our firm.
4. Resolve labor disputes, and deal with various types of labor litigations and arbitration, sticking up for the rights and interests of the company.
5. The timely provision of the latest law about regulations and related information will be offered for the staff by law training and legal advocacy with the Human Resources Department.
(4) Legal services on intellectual property and trade secrets
1. It is our duty to provide legal advice on the implementation of intellectual property licensing, to review and amend contracts such as investment programmers and other types of intellectual property contracts.
2. It is also our duty to carry out Patent applications, the revocation or invalidation of intellectual property rights, software copyright registration, customs registration and so forth.
3. We offer legal opinions on the infringement of intellectual property, conduct investigation and evidence-collection, and deliver letters to the company issued; participate in the litigation which involves ownership of intellectual property, contract disputes, and infringements of contracts.
4. Assist companies in formulating intellectual property rights, including the protection of commercial secrets and management systems, and the review of the various licensing contracts. Improve the staff’s awareness on protection of intellectual property by relevant training.
5. Assistance is offered in the formulation of strategic objectives trademarks plan, and we are mainly responsible for legal proceedings.
6. Moreover, we will assist qualified companies in China to create brand names and well-known trademarks.
(5) Legal services on corporate credit management
1. Formulate the contract management system and claims for credits combined with the actual situation.
2. Draw up various business contracts of different sectors, review professional contracts and negotiate in the process of drafting.
3. Release documents to claim and supervise in the fulfillment of the contract, and submit litigation if breach of contract exists.
4. We provide training on Contract Law, both theoretical and practical.
5. Assist the state Administration for Industry and Commerce in assessing provincial and municipal trustworthy enterprises, attempting to create leading trustworthy ones.
6. We offer other consulting services involving daily contracts using, and provide regular legal services for affiliated companies.
(6) Legal Service on Building (see my specific legal services to the construction programmer)
1. It is our duty to provide legal opinions and legal documents concerned in the procedure of the construction company’s establishment and operation, and to guide the company in the activities of signing internal and external contracts and replying for company's external communication instruments; meanwhile, we direct the construction company on management concerning the construction of the BOQ, letters, reporting ,notification ; moreover, we offer assistance for construction companies in the establishment of contract management systems and claim systems.
2. Participate in or agent for the activities involved in previous land-use right transfer, including negotiations, drafting, revision, and approval of the contract.
3. We offer legal consultation on the construction project bidding, review the bidding documents, afford testimony for bidding, and deliver legal opinions on the evaluation of tenders; more than that, we will exam the professional qualifications and business qualifications of relevant units on behalf of our clients.
4.we participate in or agent for negotiating, drafting and reviewing the contracts which are composed by contracts for working, engineering, survey and mapping, designing, the total contracts, subcontracts, equipment installation contracts, equipment and materials procurement contract, the fitment contract, project management contracts and so forth.
5. We provide legal services on the changes of construction projects, visas, supervision, inspection, budget and final accounting of revenue.
6. We offer help for the constructive company to seek evidence in the changes of building project cost and the amount of projects; supervise and urge the company to transact visa timely, accumulating and storing relevant data at the same time; handle disputes raised by the project cost.
7. We provide legal services for the activities as follows: procurement of goods, large-scale equipment procurement, construction projects by bank loans, bidding inviting on service projects.
8. Review the information involved in the action of quality acceptance, and deal with the controversy over the quality of works.
9. We engage in the transaction of engineering insurance and improve risk-prevention capabilities, whose purpose is to ensure that the construction be carried out normally.
10.In face of the transfer or mortgage of construction, we will assist in programmer planning and reasoning, taking the responsibility of drafting and reviewing correlative legal documents, taking part in the negotiating of the contracts, finishing the relevant legal procedures.
11. When the project is completed at last, it will be our duty to check and accept it and audit its final cost.
12. Agent for various types of constructive litigations and arbitrations, which are caused by various reasons such as project contracts, construction, quality, time limit, payments, claims, funds of the project, salaries and so forth.
（7）Legal Service for Real Estate
1. We provide full ranges of legal services for real estate development, including project proof, feasibility report, cooperative development, planning, relocating, tendering ,constructing, design, mortgage, sales as well as realty management;
2. Provide legal opinions and formulate legal documents for the establishment and operation of real estate companies of all kinds, including Comprehensive Company and Project Company;
3. We provide legal opinions for overall corporate developing program to assist in project preparation and pre-project planning approval procedures.
4. Legal opinions are offered for the project investment, financing, transfer of project company shares; blue print are designed; besides, we participation in the negotiations and draw up related legal documents;
5. Provide legal opinions for assign, transfer, lease and mortgage of the right to the use of land, as well as related legal papers;
6. Provide legal opinions for relocation, compensation and resettlement, development of used land, participating in negotiations and draft legal papers;
7. Provide legal opinions for project tender & bidding of construction prospecting, designing, constructing and procurement, draft general contracts for undertaking a project, subcontract and other related contracts;
8. Assist in designing program for sale (pre-sale) or lease (pre-lease), and modifying selling & leasing conditions, or reviewing the legality of real estate projects at the view of buyers’ lawyer;
9. Draft agency agreements on houses leasing & selling, assist in determining leasing & selling plans for developer and seller;
10. Draft agreements on housing subscription and housing selling, and help to go through procedures of advance registration and real estate ownership certificate;
11. Assist developers in subscribing documents with lawyers abroad and release legal submissions on overseas house-selling.
12. As an agency for developer or the purchaser, we deputize them to go through such procedures as tax, land transfer, registration, housing mortgage loaning, and notary of agreements and so on;
13. Help to go through procedures of contracts registration & recording, and assist in applying and receiving real estate ownership certificates, for instance,” real estate warrants”;
14. In order to determine the property management program, we provide legal opinions to assist in studying feasibility of property management program;
15. Draft, review and modify agreements, bylaws, and other legal documents relating to property management;
16. Assist in going through procedures relating to property management, design & establish for advance intervention and regular management of property Management Company;
17. Draft, review and modify Owner Regulation;
18. Draft, review and modify contracts on advance property management, and provide other related legal services;
19. Legal service for mortgage, purchase and transfer of construction in process and real estate for industrial, commercial and living use;
20. Legal service for property investigation, second-hand house purchasing, inheritance, donation, assessment and auction and so on.
(8) Financial and legal instruments business of company
1. We offer help for the company to review loan contracts, and provide legal opinions on the loan items.
2. We provide legal services on project financing, lease financing, financing options, bond financing, business financing and other financing activities; meanwhile, we provide legal services on the provision of the banking and corporate debt restructuring claims, the handling of non-performing assets, including sales and auction.
3. For all kinds of commercial exchange and clearing instruments, we also provide legal services on L/C fraud and other financial instruments disputes and relational criminal cases.
(9) Companies involved in the administrative law services
1. For the benefits of the company, we coordinate with the administrative department, analysis the facts and the reasons for administrative punishment and review the legal basis for punishment .And, with the purpose of reducing loses, we, in behalf of the company, apply for the hearing, evasive, administrative proceedings or reconsideration in case of illegal and unreasonable acts.
2. We provide relevant rules of law, and claim for the state compensation in line with the states requirements, and furnish our firm with other related legal services.
3. Help to coordinate the public relationship between the company and administrative departments.
(10) Services for companies involved in economic crime and position crime
1. We will provide a full range of legal services to criminal defense when the company involved in criminal cases.
2. We will act in connect with Justice Department in case of violations of the company’s legitimate rights and interests, and investigate criminal responsibility if offended.
3. Claim for civil compensation attached to criminal cases.
4. Coordinate the relations between the company staff.
5. Offer the training of knowledge of criminal law for the staff, for the prevention of dereliction of duty.
(11) Agency services for civil and commercial litigation and arbitration cases
1. Dealing with civil, economic and administrative cases with fully authorized.
2. Acting on behalf of company, we can execute various commercial arbitration cases, so as to safeguard the legitimate rights and interests of the company during the arbitration process.
3. Help to coordinate the public relationship between the company and trial department.
(12) Capital & credit investigation
1. Investigate the partners’ situation, such as, the enterprise registration, shareholders and investors of shares conditions, business license inspection, industrial and commercial registration and alteration.
2. To survey the real situation such as the ownership and mortgages of the real estate and construction - in-progress; situation that involves the transfer of machinery and equipment, and other movable property mortgages.
3. We also investigate other situations about the partner, for instance, its business rights, intellectual property rights, and the status of mortgage.
4. Investigating and collecting evidence for the enterprise as soon as we find out its trade marks, names, patent or reputation are infringed or counterfeited.
5. Other surveys in accordance with the law could also be conducted.
(13) Handle public relations appropriately
Legal services work is a job requires professional knowledge as well as the capability of the coordination of public relations, which plays a vital role in the work of the legal service to some degree. Such work primarily demands the coordination of relationships between the public security departments, industrial and commercial administration departments, and the media sector.
(14) Supply legal advice on the daily work of the company; notice the latest legal information related.
We can solve the legal issues which are encountered by company in the daily work, in the form of legal document or timely legal advice. Besides, we regularly provide the latest legal information and legislative developments related, in the company of timely training and lectures.
(15) Legal services on company investment
1. We seek to understand the real situation of the investment partners, and draft legal instruments concerning investment, in order to safeguard all aspects of corporate interests.
2. We seek to understand the real assets situation of the investment partners, which is achieved by the legal investigation submissions and so on, and whose purpose is to safeguard all aspects of corporate interests.
(16) The issue of company stock and other securities business areas
1. Assist the company in developing special programmers on overseas listing.
2. Help domestic companies that are listed with special programmers.
3. We offer help to a listed company to select a suitable agency, which intents to reduce the total cost towards an acceptable level.
PS: More information regarding the issue of company stock and other securities business areas, contact us.
Second, service mode& service plan
Modes of services
(1)Counsel Group:
For the company that is larger and thus has more corporate legal affairs, we will designate 2-4 lawyers and staff services group for it to provide legal counsel. The leading counsel is responsible for specific legal work, while the Assistant responsible for the general affairs; meanwhile, we will arrange lawyers to the office at fixed working hours according to the state of affairs .Moreover, we will dispatch Permanent professional lawyers to deal with the routine business, on the basis of a reasonable payment of the requested Legal Affairs.
(2)Counsel Group plus the outstanding services:
Aiming at distinct legal issues, we will appoint adding personnel who is specialized in the relevant areas. So it is the same that when there is an emergency situation requires more professional and experienced lawyers, we will take the same measures to ensure timely service.
Standard: Arrange professional lawyers who are specialized in distinctive areas according to different issues; Formulate legal counsel plan in advance; Fulfill general affairs which are composed of consulting service, contract modification, notification of latest legislation and so forth; Drop in at the company in intervals; Keep in touch with our clients to improve our counsel service step by step.
Features: we provide online network to offer service swiftly, efficiently with lower cost; we possess huge legal websites to offer large number of legal information.
We appoint eminent consultant to deliver lectures on the issues that our clients concern and on the trends or movements of China's legislation so that our clients could keep abreast of the latest laws and adjust their regulations accordingly.
B) Service plan
1. Understand and manage the potential legal risks in company
Mainly aiming at learning the basic circumstances of the consultancy, including its history, current business conditions, management structure, departmental structure, business processes, intellectual property rights, the industrial and commercial registration, taxation and registration materials, we law firm get to understand the existence of the law risk in the company.
After in-depth understanding of the company, we will put forward proposals to improve the company's internal management, resolve legal issues which were left over by history, and furthermore, guarantee smooth operation of the company.
2. Standardize various texts and personnel management
Collect all types of contracts in the company (including labor contracts, purchase and sales contracts, processing Contracts, import and export contract for the sale, etc.).
The texts of contracts we receive will be researched and analyzed from a professionally legal angle combined with the actual situation of the customer companies. Essential factors of contracts will be standardized; clauses will be screwed and deficiencies will be amended, and help will be offered for the constitutions of a standard contract.
Organize the training on contract managements and revise the norm of company’s regulations to prevent the occurrence of labor disputes.
Assistance is offered to treat with the contract renewal and firings; draft agreements and internal rules on affairs concerned competing industry and trade secret protection ; in face of the personnel’s departure, the Human Resources Department and the financial sector will be helped during the process of leaving and auditing; resolve labor disputes, and deal with various types of labor litigations and arbitration, sticking up for the rights and interests of the company; the timely provision of the latest law about regulations and related information will be offered for the staff by law training and legal advocacy with the Human Resources Department; agent for companies to handle all types of personal injuries and damage, as well as prevention of occupational diseases.
3. Understand the intellectual property of the company
It is our duty to emphasis the protection of intellectual property rights in enterprises as well as to realize the possible infringement risks, which is intended to help enterprises sense the value of intellectual property rights, and is achieved by providing enterprises with intellectual property-related legal knowledge and special lectures.
Assistance is offered in the formulation of strategic objectives trademarks plan, and we are mainly responsible for legal proceedings.
Moreover, we will assist qualified companies in China to create brand names and well-known trademarks.
It is also our duty to carry out Patent applications, the revocation or invalidation of intellectual property rights, software copyright registration, customs registration and so forth.
4. Legal training on crime prevention
To make the company’s needs, we will provide legal training to some departments which are potential to create crimes by taking advantage o f duty. The target is to enable staff to understand the relevant Criminal Code and provisions on economic crimes, and consequently prevent the probability of crime.
5. Legal services on the management of tax
Participate in fixing tax-price, negotiating， signing contract, drafting plans on tax saving ;Establish tax-related risk prevention system; offer a comprehensive plan in the tax structure about tax-related items and multinational; tax consultancy services; assistance and defense is supplied once needed; law training for the staff.
6. Management on contracts and credits
Formulate the contract management system and claim for credits combined with the actual situation; draw up various texts of the contracts, review them and negotiate in the process of drafting; release documents to claim and supervise in the fulfillment of the contract and submit litigation if breach of contract exists; training on Contract Law, both theoretical and practical; assist the state Administration for Industry and Commerce in assessing provincial and municipal trustworthy enterprises, attempting to create leading trustworthy ones.
7. Capital & credit investigation services
On he request of candidates or business partners, we will investigate the partners’ situation, such as, the enterprise registration, shareholders and investors of shares conditions, business license inspection, industrial and commercial registration and alteration.
Survey the real situation such as the ownership and mortgages of the real estate and construction - in-progress; situation that involves the transfer of machinery and equipment, and other movable property mortgages.
We also investigate the other situations about the partner, for instance, its business rights, intellectual property rights, and the status of mortgage. Other surveys in accordance with the law could also be conducted.
8. Legal services on cooperate banking, investments and finance
1). We offer help for the company to review loan contract, and provide legal advice on the loan items.
2). We provide legal services on project financing, lease financing, financing options, bond financing,
business financing and other financing activities; meanwhile, we provide legal services on the provision of the banking and corporate debt restructuring claims, the handling of non-performing assets (sales and auction).
3). For all kinds of commercial exchange and clearing instruments, we also provide legal services on L/C fraud and other financial instruments disputes and relational criminal cases.
9, the Labor law training
Aiming at the company's labor problems while considering the Company's actual labor disputes, we would appoint an eminent and professional lawyer to carry out a deep analysis of relevant laws and afford more skills of signing labor contracts and so on.
10, legal training for frontline staff
To improve the staff’s knowledge and awareness about law, we appoint relevant professional lawyers who are well-educated and with adept teaching skills to offer free business legal training.
11, tax proposals
Aiming at the company's tax problems in the process of tax imposing, we would appoint an eminent and professional lawyer to give comments on how to pay tax legitimate with maximize tax-saving purposes.
12, summary and evaluate the legal risks
Recalling the service of the whole year, we request the consultants to make comprehensive evaluation on the quality of services and methods of working as well as the status of the consultants’ actual situations. After consulting with the consultant on next year's service plan, we will sign the following year’s contracts together.
Third, the introduction of our firm and its achievements
introduction of SUSHANG law firm
Su, which is located in Nanjing’s political, economic and cultural center, rounded by well-known universities, provincial and municipal governments and the executive and the judiciary, was approved by the Justice Department of Jiangsu Province .Su, with its convenient transportation and excellent service as well as its outstanding management, is the most extraordinary one of the law firms in Jiangsu.
Su owns a high-quality lawyer team, which is composed of lawyers from large enterprise groups, Ministry of Justice as well as courts, with the LLD or LLM degree. Our lawyers not only have a solid foundation of law, but also have rich experience as well as comprehensive academic background. Focusing on legal counsel services for enterprise in different areas, Su sets up special business consultancy groups, including advisory group for western enterprises and German-owned enterprises, consultant group specialized in the real estate, construction, maritime &shipping areas, as well as in enterprise labor areas.
Through its own endeavors, Su pours its heart to carefully construct the most comprehensive professional legal services Web site where customers get access to a large number of professional legal knowledge. We are expert not only in acting on behalf of enterprises for litigation cases, but also in providing enterprises with legal services, which is aiming to minimize the legal risk with prevention and help the enterprises to comprehend law concisely and efficiently so that they no longer view the law as a burden. Meanwhile, Su provides comprehensive legal training for enterprises, of which the content mainly concerning enterprise legal management, corporate contracts and credit claiming, enterprise labor relationships, intellectual property management, litigation and arbitration practice, the Company Law training and other legal training for the staff.
We are not traditional, but specialized and comprehensive in a form of company operating. Su, whose history is not so long, was established according to the companies’ needs in the background of market economy and the integrity of law. Only by continuously enhance our professional capacity, and only in this way to make the firm stronger, can we assign excellent and predominate lawyers for enterprises. In the blueprint of our firm, we are achieving to create brand as a specialized and professional law firm with group work.
While our firm is sparing its efforts to develop foreign clients and offer oversea services, the main clients of Su are still various types of enterprises in Jiangsu. Su focuses on providing a standard international service for our clients; meanwhile, it never forgets to establish nice relationships with foreign advisory bodies and counsel bodies.
Rich experience in enterprise managing and business services, solid knowledge of law, combined with good public relations, united in a spirit of cooperation, the supremacy of customer service concept ,all of which are indispensable for Su to bring forward rapidly a full range of enterprise solutions. Choosing our firm is equivalent to select a stable, efficient, high-quality, professional legal services.
Culture of SUSHANG legal firm
Values: service for customer, society, and justice.
Service concept: Let customers enjoy brand of legal services, so that customers receive professional legal services to clients create more social value.
Management: innovative management model, and standardized business processes, the development of science system.
Elite concept: seek huge developments.
Standards of Service: we will safeguard the interest of our client with good faith and excellence legal services.
Service advantages: rich experience, a distinct division of the professional areas, a wide range of networks, good public relations, and a highly efficient service team.
B) the achievements of Su
we offer our services for enterprises in various areas which are listed as follows: our national company, foreign-funded enterprises, listed joint-stock companies, LLC, and the franchising business, international trade enterprises, machinery manufacturing enterprises, IT information enterprises, and real estate companies, construction companies, pesticide manufacturers, and pharmaceuticals production enterprises, etc.
We offer specialized service in different issues, such as, restructuring of state-owned enterprises, large joint-venture projects, M&A, foreign investments, the company corporate governance, regional legal management.
We provide services for large customers to establish the reputation of credits province-wide and nationwide, building systems on contract management, and acclaim a large amount of nonperforming loans.
Successful operation of our client’s real estate projects makes our clients acquire the economic interests for tens of millions. As an agency for many construction companies, we not only provide integrated legal services, but also have won many cases and achieved good reputation.
We assist our major clients in creating name brand and well-known trademarks in China, acting as the company to engage in litigation of trademark infringement and patent infringement, commercial disputes in technological secrets, and other non-litigation. Currently, on behalf of our clients, we have achieved outstanding results facing with some giants foreign enterprises.
We offer programs on the management which involves labor and employment, personnel management for large enterprises, small and medium-sized enterprises, foreign-funded enterprises, achieving good performances ultimately.
We provide splendid legal services for local government who spares no effort to bring in foreign investment and funds, achieving good performance.
In the development of the business model ,we provide legal assistance for the general workers and peasants .For example ,we acted as an agent to put forward a suit against a petrochemical plant who dissolved labor relations with hundreds of workers arbitrarily and breached the Labor Law; we provided legal services to a hundred farmers among whom land disputes existed; we acted as an agent in arbitration for 100 employees against a foreign-funded enterprises in Kunshan which denied overtime wages and social security ,winning millions salaries back ultimately.
After performing predominantly for the past years, we gained much experience, but that is not the end of our developing. On the foundation of that, we believe that in the future we will seek for a greater performance, accumulate more experience and offer our customers with better service.
6, concluding remarks
We are honored to communicate with your company and will remain nice connection with your company. We have been working hard and responsibly with our heart and soul, expanding our customer groups constantly .Choosing our firm is equivalent to select a stable, efficient, high-quality, professional legal group.
We sincerely hope that both sides would be able to establish business cooperation relationships, by assisting enterprise management and reducing legal risk to a minimum. It is our perpetual aim to shape a distinguished noted law firm with our professional knowledge of the law and the value of working for customers diligently and full-hearted, and it is always our belief that the interests of our clients are our best interests!
