[undertaking lawyers] Zhang Xinhui, Wang Kunpeng, Wang Yunhui, Liu Yumeng
[introduction to the lawyer of this case] Zhang Xinhui, senior partner of Liaoning Tongfang law firm. Lawyer Zhang Xinhui has long provided perennial legal advisory services for well-known real estate development companies, banks, state-owned enterprises and listed companies; He is good at litigation cases of banks, companies and commercial enterprises, and has appeared in the Supreme People's court, Liaoning Provincial Higher People's court and other courts to host cases.
Lawyer Zhang Xinhui is currently a member of the Liaoning Provincial Committee of the Chinese people's Political Consultative Conference / member of the proposal review committee, deputy director of the human resources, environment and Legal Affairs Committee of Liaoning Jiusan Society, director of the finance and Taxation Professional Committee of Liaoning Province, director of the finance and insurance professional Committee of Shenyang Lawyers Association, director of Liaoning Lawyers Association, executive director of Shenyang Lawyers Association, and arbitration member of Shenyang arbitration committee.
Lawyer Zhang Xinhui has successively won the titles of "top ten legal aid lawyers in Shenyang", "excellent lawyers in Liaoning Province", "model of honest lawyers in Shenyang", "political and legal cadres and policemen satisfied by the people of Liaoning Province", "the first outstanding young lawyers of Liaoning Provincial Lawyers Association", etc.
[features]
In order to fully implement the spirit of the 18th National Congress of the Communist Party of China and the third, fourth and fifth plenary sessions of the 18th Central Committee of the Communist Party of China, and implement the opinions of the State Council on the development of mixed ownership economy and the opinions on the pilot ESOP, the Office provided legal services for the whole process of the ESOP reform of the first batch of ESOP pilot enterprises in Liaoning Province.
[parties]
Client: Shenyang SW Group Co., Ltd
Service object: Shenyang GPS Survey and Design Institute Co., Ltd
[brief introduction to the case]
In order to fully implement the spirit of the 18th National Congress of the Communist Party of China and the third, fourth and fifth plenary sessions of the 18th Central Committee of the Communist Party of China, according to the opinions of the State Council on the development of mixed ownership economy by state-owned enterprises (GF [2015] No. 54) and the opinions on the pilot implementation of employee stock ownership by state-owned holding mixed ownership enterprises (gzfgg [2016] No. 133), The state owned assets supervision and Administration Commission of the people's Government of Liaoning Province will list the GPS Survey and Design Institute in the first batch of employee stock ownership pilot enterprises and implement the first batch of employee stock ownership pilot reform in the province.
Liaoning Tongfang law firm was entrusted to provide full legal services for GPS Survey and Design Institute to implement the pilot reform of mixed ownership and employee stock ownership. After accepting the entrustment, Zhang Xinhui's lawyer team adhered to the principle of law and regulations, and formulated the implementation plan and specific implementation plan for the pilot reform of mixed ownership and employee stock ownership of Shenyang GPS Survey and Design Institute Co., Ltd. according to the opinions and requirements of the State Council on the development of mixed ownership economy and employee stock ownership pilot reform.
With the assistance of the Institute, GPS Survey and Design Institute completed the filing work of SASAC for the pilot reform of mixed ownership and employee stock ownership. On December 27, 2018, the capital increase and share expansion project of the mixed ownership reform was successfully listed in the Shenyang United Property Exchange of Liaoning Province. The mixed ownership reform achieved preliminary results, which prepared the conditions for the next step of the employee stock ownership pilot.
[content]
GPS Survey and Design Institute completed the pilot reform of mixed ownership and employee stock ownership
[lawyer's opinion]
1. The pilot reform of employee stock ownership is not only innovation, but also inseparable from the basic legal principles. When formulating the implementation plan of employee stock ownership reform, the basic contents and procedures shall not only strictly comply with the relevant laws and regulations on the transfer of state-owned assets of enterprises, but also comply with the relevant requirements of the opinions of the State Council on the pilot implementation of employee stock ownership in state-owned holding mixed ownership enterprises, so as to prevent the loss of state-owned assets and ensure that the reform is carried out in accordance with laws and regulations.
2. In the design of the implementation plan, we should comprehensively consider the actual situation of the enterprise, the future development plan (listing demand, continuous equity incentive plan) and the tax saving demand. We should not only ensure the effective operation of the ESOP platform, but also facilitate management.
[reason for recommendation]
In order to deepen the reform of state-owned enterprises and enhance the driving force for the development of state-owned enterprises, the state implemented the first batch of pilot reforms. According to the results of the first batch of pilot reforms, the state will gradually expand the pilot projects and implement them throughout the country. The market demand for similar legal services will increase in the future. This legal service will lay a foundation for the development of the relevant business of the exchange and strive for more market opportunities for the exchange.
[introduction to the lawyer of this case] Zhang Xinhui, senior partner of Liaoning Tongfang law firm. Lawyer Zhang Xinhui has long provided perennial legal advisory services for well-known real estate development companies, banks, state-owned enterprises and listed companies; He is good at litigation cases of banks, companies and commercial enterprises, and has appeared in the Supreme People's court, Liaoning Provincial Higher People's court and other courts to host cases.
Lawyer Zhang Xinhui is currently a member of the Liaoning Provincial Committee of the Chinese people's Political Consultative Conference / member of the proposal review committee, deputy director of the human resources, environment and Legal Affairs Committee of Liaoning Jiusan Society, director of the finance and Taxation Professional Committee of Liaoning Province, director of the finance and insurance professional Committee of Shenyang Lawyers Association, director of Liaoning Lawyers Association, executive director of Shenyang Lawyers Association, and arbitration member of Shenyang arbitration committee.
Lawyer Zhang Xinhui has successively won the titles of "top ten legal aid lawyers in Shenyang", "excellent lawyers in Liaoning Province", "model of honest lawyers in Shenyang", "political and legal cadres and policemen satisfied by the people of Liaoning Province", "the first outstanding young lawyers of Liaoning Provincial Lawyers Association", etc.
[features]
In order to fully implement the spirit of the 18th National Congress of the Communist Party of China and the third, fourth and fifth plenary sessions of the 18th Central Committee of the Communist Party of China, and implement the opinions of the State Council on the development of mixed ownership economy and the opinions on the pilot ESOP, the Office provided legal services for the whole process of the ESOP reform of the first batch of ESOP pilot enterprises in Liaoning Province.
[parties]
Client: Shenyang SW Group Co., Ltd
Service object: Shenyang GPS Survey and Design Institute Co., Ltd
[brief introduction to the case]
In order to fully implement the spirit of the 18th National Congress of the Communist Party of China and the third, fourth and fifth plenary sessions of the 18th Central Committee of the Communist Party of China, according to the opinions of the State Council on the development of mixed ownership economy by state-owned enterprises (GF [2015] No. 54) and the opinions on the pilot implementation of employee stock ownership by state-owned holding mixed ownership enterprises (gzfgg [2016] No. 133), The state owned assets supervision and Administration Commission of the people's Government of Liaoning Province will list the GPS Survey and Design Institute in the first batch of employee stock ownership pilot enterprises and implement the first batch of employee stock ownership pilot reform in the province.
Liaoning Tongfang law firm was entrusted to provide full legal services for GPS Survey and Design Institute to implement the pilot reform of mixed ownership and employee stock ownership. After accepting the entrustment, Zhang Xinhui's lawyer team adhered to the principle of law and regulations, and formulated the implementation plan and specific implementation plan for the pilot reform of mixed ownership and employee stock ownership of Shenyang GPS Survey and Design Institute Co., Ltd. according to the opinions and requirements of the State Council on the development of mixed ownership economy and employee stock ownership pilot reform.
With the assistance of the Institute, GPS Survey and Design Institute completed the filing work of SASAC for the pilot reform of mixed ownership and employee stock ownership. On December 27, 2018, the capital increase and share expansion project of the mixed ownership reform was successfully listed in the Shenyang United Property Exchange of Liaoning Province. The mixed ownership reform achieved preliminary results, which prepared the conditions for the next step of the employee stock ownership pilot.
[content]
GPS Survey and Design Institute completed the pilot reform of mixed ownership and employee stock ownership
[lawyer's opinion]
1. The pilot reform of employee stock ownership is not only innovation, but also inseparable from the basic legal principles. When formulating the implementation plan of employee stock ownership reform, the basic contents and procedures shall not only strictly comply with the relevant laws and regulations on the transfer of state-owned assets of enterprises, but also comply with the relevant requirements of the opinions of the State Council on the pilot implementation of employee stock ownership in state-owned holding mixed ownership enterprises, so as to prevent the loss of state-owned assets and ensure that the reform is carried out in accordance with laws and regulations.
2. In the design of the implementation plan, we should comprehensively consider the actual situation of the enterprise, the future development plan (listing demand, continuous equity incentive plan) and the tax saving demand. We should not only ensure the effective operation of the ESOP platform, but also facilitate management.
[reason for recommendation]
In order to deepen the reform of state-owned enterprises and enhance the driving force for the development of state-owned enterprises, the state implemented the first batch of pilot reforms. According to the results of the first batch of pilot reforms, the state will gradually expand the pilot projects and implement them throughout the country. The market demand for similar legal services will increase in the future. This legal service will lay a foundation for the development of the relevant business of the exchange and strive for more market opportunities for the exchange.
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