Course Background:
This is a tailor-made legal training course for the pawnbroking industry!
A pawnshop is a professional institution that operates a pawnshop business, and its core competitiveness is its risk management and control capabilities and business innovation capabilities. In recent years, affected by the downturn in the real economy, there have been a large number of overdue and non-performing pawnshops in the pawnbroking industry, and how to improve their own risk control capabilities and overdue disposal capabilities are common concerns of many pawnshops.
In addition, the pawn business is inseparable from the law, there is no relevant provisions on the pawn system in the Civil Code, and the relevant provisions regulating the pawn business are generally of low legal rank. With the promulgation and implementation of the Civil Code, the Judicial Interpretation of the General Principles of Contract Codification, the Interpretation of the New Guarantee System and the New Company Law, the legal environment faced by the pawnbroking industry has undergone great changes compared with before.
In order to effectively improve the professional literacy of pawnshop personnel, improve the risk management and control ability of pawnshop and the ability to dispose of overdue transactions, we have specially developed this course. In this course, the lecturer will give a detailed explanation of the common legal risks in the pawnbroking business, especially in overdue collection, and give risk control suggestions based on the latest provisions of the Civil Code, the Judicial Interpretation of the General Principles of Contract Codification, and the Interpretation of the New Guarantee System.
Course Benefits:
1. Master the basic principles of pawnbroking business and the general rules of guarantee;
2. Let students have a clearer understanding of the concepts of pawn, pawn, renewal, redemption, and absolute;
3. Let the students understand some hot spots and difficult legal issues in the pawnbroking industry and give suggestions for dealing with them;
4. Familiar with the skills of overdue collection, understand common legal issues, and effectively improve the ability of pawnshops to collect overdue collection.
Teaching Target:
It is suitable for pawnshop practitioners to participate, including grassroots account managers, as well as middle and senior managers.
Course Advantages:
1. Pertinence. This course is specially tailored for pawnshops, focusing on the pawn business, focusing on the common legal issues in the pawn business for detailed interpretation, and more than 70% of the cases in the course are pawnshop litigation cases;
2. Systematic. This course consists of 15 topics, covering common legal issues in all aspects of pawnbroking business, with a complete system.
3. Timeliness. The content of this course is formulated in accordance with the latest laws and regulations such as the Civil Code and the Interpretation of the Civil Code on the Guarantee System, and is explained in combination with the latest cases since the implementation of the Civil Code for more than two years.
4. Professionalism. The main teacher of this course, Mr. Sun Zitong, is a well-known credit guarantee risk control expert in China, and has been invited by Tianjin Pawnbroking Association, Beijing Pawnbroking Association, Shaanxi Pawnbroking Association, Shanxi Pawnbroking Association, Shandong Pawnbroking Association, Hebei Pawnbroking Association, Hangzhou Pawnbroking Association, Tai'an Pawnbroking Association, Zibo Pawnbroking Association, Dalian Local Financial Association, Nanchong Local Financial Association, Fuyang Local Financial Association and other associations to teach pawnbroking practice courses, familiar with and understand the pawnbroking industry and pawnbroking business. The professionalism of the lecturer is the guarantee of the professionalism of the course.
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A wonderful review of previous courses
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Course outline
Topic 1: Pawnbroking Business and Pawnbroking Legal Relations
1. What is a pawn?
2. The legislative status of the pawnbroking industry
3. Analysis of the legal relationship between pawn and pawn - pawn dispute vs loan dispute;
4. Definition of the legal nature of pawns in the era of the Civil Code;
5. Pawn business and pawn disputes;
6. The business scope of the pawnshop;
7. What is the difference between pawn and private lending?
8. Continuation, redemption and absoluteness.
9. What is a pawn ticket and the legal status of a pawn ticket?
10. The validity of contracts that violate mandatory provisions and the application of public order and good customs clauses -- Interpretation of Articles 16 and 17 of the General Principles of Contract Compilation;
11. If a pawnshop issues a pure credit loan (without pledges), is the pawn contract valid? Is the guarantee valid?
12. If a mortgage pawn contract is signed, but the mortgage registration is not completed, is the pawn relationship established?
13. What is the validity of the name being inconsistent? - Interpretation of Article 15 of the Interpretation of the General Principles of Contract Compilation;
14. How to understand penetrating trial thinking?
15. In the chattel pledge pawn business, if the pawnshop does not possess the pledged movable property (pawn), what is the legal effect of the corresponding pawn contract? Is the pledge validly established?
16. If the pawnshop exceeds the scope of business and signs a chattel mortgage contract with the customer, is the corresponding pawn contract valid? Is the mortgage validly created?
17. If the pawnshop signs a pawn contract with the customer, but does not issue a pawn ticket, nor does it collect a comprehensive service fee in accordance with the provisions of the "Measures for the Administration of Pawns", but only agrees on the interest, is the pawn relationship established?
18. If the balance of the pawn loan exceeds the limit stipulated in the Measures for the Administration of Pawnbroking, what is the validity of the corresponding pawn contract?
19. Is redemption a right or an obligation?
Topic 2: Guarantees in the pawnbroking business
1. The essence of the pawn legal relationship (loan + guarantee)
2. How to understand the guarantee?
3. Human insurance and material protection;
4. Maximum guarantee and general guarantee;
5. What is the difference and connection between mortgage and pledge?
6. The three underlying logics of pawnshop risk control;
7. The three basic principles of guarantee scheme design - effective, useful and moderate
(1) Effective - basic (2) useful - purpose (3) degree - key
8. In the pawnbroking business, is it valid for a third party to provide a guarantee for the pawnbroker?
9. Does the pawnbroker have to be the owner of the pawn property? Is it valid for a third party to provide pawns?
10. What is the legal effect of the scope of the guarantee liability stipulated in the pawn contract being greater than the scope of the main debt? - Interpretation of Article 3 of the Interpretation of the New Security System;
11. After the household provides the mortgage of the house by itself, and the third-party guarantor assumes responsibility, can it be subrogated and registered in the pawn
Mortgage Rights in the Name of the Bank - Interpretation of Article 18 of the New Security Interpretation;
12. If the property security provided by the client itself and the guarantee of a third party coexist, is there any sequential requirement for the realization of the creditor's rights? - Interpretation of Article 392 of the Civil Code.
13. When there are multiple third-party guarantees for the same business, can the third-party recover from each other after compensation? - Article 56 of the Minutes, Articles 392, 699 and 700 of the Civil Code, and Article 13 of the Interpretation of the New Guarantee System. (15 minutes)
14. Can a third-party guarantor accept the pawnshop's creditor's rights? - Interpretation of Article 14 of the Interpretation of the New Dan System;
Topic 3: Joint debts of husband and wife in pawnbroking business
1. What is a joint debt?
2. What are the criteria for determining the joint debts of husband and wife?
3. If one of the husband and wife borrows money from the pawn shop, can the spouse repay it together? - Interpretation of Article 1064 of the Civil Code.
4. Can the agreement on debt sharing in the divorce agreement between the husband and wife be opposed to the pawnshop?
5. Is there any legal risk if one of the husband and wife acts as the borrower and the other party acts as the guarantor?
6. Does the death of one of the spouses have an impact on the joint debts of the husband and wife?
7. Can the guarantee provided by one of the husband and wife be recognized as a joint debt of the husband and wife?
8. If one of the husband and wife provides a guarantee, and the other spouse agrees to the guarantee in the letter of commitment, can it be deemed that both husband and wife provide guarantee?
Topic 4: Criteria for Determining Comprehensive Fees and Interest
1. The historical evolution of comprehensive service fees;
2. The legal nature of the comprehensive service fee;
3. Is the comprehensive service fee and interest charged by pawnshops subject to the upper limit of private lending interest rates? (Quadruple LPR)
4. Can pawnshops withhold interest fees? What are the legal consequences of withholding?
5. Can the comprehensive service fee be withheld? How can I get the support of the court?
6. What is the legal effect of the liquidated damages stipulated in the pawn contract?
7. Can I continue to charge comprehensive service fees and interest after the absolute? whether the comprehensive service fee and interest can continue to be charged according to the standard of the current period;
8. After the pawnshop, the pawnshop settles with the pawnbroker and the guarantor and signs the settlement agreement, what is the effect of the corresponding agreement?
Topic 5: Collateral Access for Housing Pawn Business
1. What are the common collaterals? - Interpretation of Article 395 of the Civil Code;
2. What are the properties that cannot be mortgaged by law? - Article 399 of the Civil Code;
3. What is the validity of a contract concluded for the purpose of transferring or creating property rights without the right to dispose of it? - Interpretation of Paragraph 1 of Article 19 of the Interpretation of the General Principles of Contracts;
4. Constitutive Elements and Determination of Good Faith Acquisition - Interpretation of Article 19, Paragraph 2 of the Interpretation of the General Principles of Contract Codification and Article 311 of the Civil Code;
5. What is the legal effect of the house registered in the name of one of the husband and wife, and one party mortgages the joint house to the pawnshop without the consent of the spouse? - Interpretation of Article 311 of the Civil Code on bona fide acquisition;
6. What is the legal effect of the mortgagor mortgaging the house that has been sold to the bank?
7. What is the legal effect of the mortgagor forging the divorce agreement and divorce certificate and mortgaging the co-owned house without authorization?
8. How does the pawnshop deal with the risk of renting out the house, and can the house that has been rented out still be mortgaged? - How to understand the phrase "leased and transferred possession" in Article 405 of the Civil Code?
9. The impact of the provisions of the Civil Code on the transfer of mortgage on the housing pawn business - interpretation of Article 406 of the Civil Code.
10. The legal risk of mortgage on the sole house of the current household - is it really impossible to enforce the only house?
11. Can a minor's house be mortgaged? - Interpretation of Article 35 of the Civil Code.
Topic 6: Seals and the validity of contracts
1. Interpretation of Article 22 of the Interpretation of the General Principles of Contract Compilation;
2. What is the legal effect of stamping? - Interpretation of Article 41 of the Minutes of the Nine Peoples;
3. How to understand that people don't read chapters? - Interpretation of Article 22 of the Interpretation of the General Principles of Contract Compilation;
(1) Real people and fake chapters, (2) There are people without chapters, and (3) There are rules and no ones
4. Typical cases
Topic 7: Mortgage Registration for Housing Pawn Business
1. What is the right of mortgage? - What is the mortgage?
2. The form and content of the mortgage contract - interpretation of Article 400 of the Civil Code
3. Registration Effectiveness VS Registration Confrontation - Interpretation of Articles 402 and 403 of the Civil Code.
4. Legal issues of subordinate mortgage
(1) The same property is mortgaged to two or more creditors, and the repayment order is analyzed;
(2) on the issue of over-collateralization;
(3) Analysis of common risk points of subordinate mortgage.
5. Legal issues of co-mortgage
(1) Joint and several joint mortgage, joint mortgage by shares, and joint mortgage by order;
(2) the common practice of the registration department when there are multiple collaterals for the same claim;
(3) If there are multiple pawns and a loan is guaranteed, how should the pawnshop operate?
Topic 8: Realization of mortgage rights in housing pawn business
1. Two conditions for the realization of the mortgage right;
2. Common Circumstances of Mortgage Extinguishment - Interpretation of Article 393 of the Civil Code.
3. The mortgage term registered by the registration department is as long as the loan term, is the mortgage also due when the loan expires?
4. If the pawnshop fails to exercise the mortgage right in the main creditor's rights lawsuit in accordance with Article 419 of the Civil Code, will the mortgage be extinguished or the right to prevail in the lawsuit? -- Interpretation of Article 44 of the Interpretation of the New Guarantee System.
5. Is the time limit for exercising the mortgage right extended with the interruption of the statute of limitations for the principal claim? - Interpretation of the latest cases;
6. How does a pawnshop realize the mortgage of the house?
(1) The way of realizing the mortgage right - discount, auction, sale; - Interpretation of Article 410 of the Civil Code;
(2) Effect of Agreeing to Auction and Sell on Own: Interpretation of Article 45 of the Interpretation of the New Security System;
(3) ordinary civil litigation procedures vs. realization of security interests;
(4) the use of strong notarization;
(5) Which rights are stronger than mortgages?
7. When the property is seized by other creditors first, and the disposal is delayed, how to deal with it?
8. Legal issues in auction and sale;
(1) Introduction to the auction sale process; (2) What is the "reserve price" and how is it determined?
(3) How can pawnshops make good use of the price reduction mechanism in the auction? (4) How to deal with objections to the appraisal price?
(5) What should I do if the auction is unsuccessful?
(6) How to bear the relevant taxes and fees? Is it valid for the auction announcement to stipulate that all taxes and fees are borne by the bidder?
(7) Does the court need to notify the mortgagee before the auction? Can I apply for distribution if the mortgage has not obtained the basis for enforcement?
(8) After the auction, what should I do if the person subject to enforcement does not vacate the house?
(9) If the debt repayment is not accepted after the auction fails, can I request the auction to be restarted?
9. What is the legal effect and what are the legal risks of some pawnshops to dispose of pledged vehicles by "re-pledging"?
10. What is the effect of the name being inconsistent? - Interpretation of Article 15 of the Interpretation of the General Principles of Contract Compilation;
11. What are the legal effects and consequences of entering into multiple contracts between the parties for the same transaction? Interpretation of Article 14 of the Interpretation of the General Provisions of the Contract Compilation.
Topic 9: Legal Issues in Guarantees
1. What is a guarantee?
2. The five basic points of guarantee;
3. Which entities cannot be guarantors?
(1) Can a government corporation act as a guarantor? (2) Can the neighborhood committee and village committee be the guarantor?
(3) Can schools, hospitals, and nursing homes be guarantors?
4. General guarantee and joint and several liability guarantee;
5. About the warranty period
(1) How to understand the guarantee period? - Interpretation of Articles 692 and 693 of the Civil Code.
(2) What to do if the guarantee period is unclear? Interpretation of Article 32 of the Interpretation of the New Guarantee System.
(3) What are the legal consequences of failing to claim rights in time and the expiration of the guarantee period? - Interpretation of Article 693 of the Civil Code
6. When does the statute of limitations for the guaranteed debt in the joint and several liability guarantee start? When is the interruption? - Article 694 of the Civil Code;
7. As a creditor, the pawnshop claims rights against some of the guarantors during the guarantee period, does the effect extend to other guarantors? Interpretation of Paragraph 1 of Article 29 of the Interpretation of the New Security System.
8. If there are multiple guarantors for the same debt, can the multiple guarantors recover from each other? -- Interpretation of Article 13 of the Interpretation of the New Guarantee System.
9. If the pawnshop, as a creditor, waives recourse to some of the guarantors, can the other guarantors claim exemption?
10. If a pawnshop files a lawsuit and withdraws the lawsuit, can it be deemed to have claimed rights against the guarantor during the guarantee period? - Article 31 of the Interpretation of the New Guarantee System.
11. After the expiration of the guarantee period and the extinguishment of the guarantee liability, what is the legal effect of the guarantor's signature on the "demand notice"? Interpretation of Article 34, Paragraph 2 of the Interpretation of the New Security System.
12. Whether the effect of stopping interest accrual extends to the guarantor in the bankruptcy of the account - Interpretation of Article 22 of the Interpretation of the New Guarantee System.
Topic 10: Legal Risks of Movable Property (Civil Goods) Pawn Business
1. What is movable property guarantee business?
2. What is the difference and connection between chattel mortgage and pledge?
3. How to understand the "bona fide third party" mentioned in Article 403? - Article 54 of the Interpretation of the New Guarantee System
Unscramble.
4. Where is the chattel mortgage registered? - Introduction to the Measures for the Unified Registration of Movable Property and Rights Security and the Unified Registration System for Movable Property and Rights Security.
5. How to deal with chattel mortgage and pledge competition? - Article 415 of the Civil Code
6. Which is more preferred, vehicle mortgage or vehicle pledge?
7. How to understand delivery in chattel pawn business?
8. Can a pawnshop realize the pledge of movable property through direct sale?
9. Does a pawnshop need to register on the website to carry out chattel pledge business?
10. If the pawn is stolen, does the shadow affect the validity of the pawn contract? -- Mistaken receipt of stolen goods and bona fide acquisition.
Topic 11: Legal Risks of Rights Pledge Pawn Business
1. What is accounts receivable?
2. Which accounts receivable can be pledged? -- Interpretation of the Measures for the Unified Registration of Security for Movable Assets and Rights
3. How to understand the existing accounts receivable and the accounts receivable that will be there?
4. Is the pledge of accounts receivable required to be registered? Where can I register? What are the consequences of not registering?
5. The Legal Significance of Notifying the Debtor of Accounts Receivable and Obtaining Confirmation from the Debtor of Accounts Receivable - Interpretation of Article 61 of the Interpretation of the New Guarantee System.
6. Liability for False Accounts Receivable Pledge - Interpretation of Article 61 of the Interpretation of the New Security System.
7. What are the most common situations in which the pledge of accounts receivable is determined to be invalid by the court?
8. Common transaction structures of accounts receivable pledge
9. Can the pledge of accounts receivable be realized by allowing the payer (secondary debtor) of the accounts receivable to pay the money directly to the creditor?
10. Summary of common risks of accounts receivable pledged loans.
11. Common legal issues in equity pledge pawn business.
Topic 12: Legal Issues in Renewal and Repayment of Old Loans
1. How to understand the legal nature of renewal?
2. Can a pawnshop be renewed multiple times? Is there a limit to the number of renewals?
3. Can I continue to be in office after absolutely? What is the legal effect of the absolute?
4. Is the agreement automatically renewed legally valid?
5. Is it valid to transfer the outstanding comprehensive service fee and interest to the principal at that time?
6. Is it necessary to re-register the mortgage? Legal consequences of not handling
7. If the pawnshop and the pawnbroker agree to repay the old loan with a new loan, can the guarantor of the new loan request exemption?
8. If the purpose of the pawn contract only stipulates that the borrower will repay the old with the new loan, can it be presumed that the guarantor is aware of the repayment of the old with the new loan?
9. In the process of repaying the old loan with the new, the function of the pawnshop and the pawnbroker does not cancel the security interest established for the old loan, and the effect of agreeing to continue to provide security for the new loan? -- Analysis of the registration flow system
Session 13: The Use of Maximum Guarantees in Pawnbroking Business
1. Maximum guarantee and general guarantee;
2. What is the difference between the maximum mortgage and the ordinary mortgage?
3. How to understand the maximum amount of debt in the maximum mortgage? Maximum Debt or Principal Maximum?
4. How is the maximum amount of the maximum mortgage determined?
5. Can the claims that existed before the establishment of the maximum mortgage be included in the scope of the maximum mortgage? Do I need to register a change?
6. Whether the time of occurrence of the creditor's right is within the period of determination of the creditor's right, but the maturity date exceeds the period of determination of the creditor's right, whether it is within the scope of the maximum guarantee.
7. The significance of the registration of the change of the maximum mortgage to the pawnbroking business.
8. How to understand the balance of creditor's rights? What are the legal consequences of the balance of claims exceeding the maximum limit?
9. The nature of the maximum loan contract - reservation contract, interpretation of Article 495 of the Civil Code.
10. What is a reservation contract? - Interpretation of Article 495 of the Civil Code;
11. Establishment of Reservation Contract - Interpretation of Article 6 of the Interpretation of the General Principles of Contract Compilation;
12. What are the legal consequences and liabilities of one party not performing its obligation to conclude a contract as agreed in the reservation contract? - Interpretation of Articles 7 and 8 of the Interpretation of the General Principles of Contracts;
13. What is the essential difference between the reservation contract and this contract?
14. Is the nature of a comprehensive credit contract, a maximum loan contract, and a revolving loan contract a reservation contract?
15. What is determined on the date of determination of the creditor's right?
16. If the pawnshop still adds new claims after the maximum collateral is seized by the court, does it fall within the scope of the claims secured by the maximum mortgage? ——Subjective vs. Objective, Interpretation of Article 423 of the Civil Code.
17. Do the interest and penalty interest generated by the main creditor's right after the collateral is seized fall within the scope of the maximum mortgage guarantee?
18. If a pawnshop borrows new money to repay the old one within the period of determination of creditor's rights, does the new loan fall within the scope of the creditor's rights guaranteed by the highest mortgage?
19. Legal risks related to the use of maximum guarantees by pawnshops - Article 690 of the Civil Code and Articles 15 and 30 of the Interpretation of the New Guarantee System.
Topic 14: How do pawnshops review the company's provision of guarantees to others?
1. What is a legal representative? - Interpretation of Article 61 of the Civil Code;
2. Are legal persons and legal representatives the same thing?
3. Expansion of the scope of candidates for legal representative - Article 10 of the New Company Law;
4. When the legal representative resigns from the position of director or manager, it shall be deemed to have resigned from the legal representative at the same time - Article 10 of the New Company Law;
Risk warning: It will be easier to change the legal representative;
5. If the legal representative resigns, the company needs to determine the new legal representative in a timely manner - interpretation of Article 10 of the Company Law;
6. Legal consequences of the legal representative's actions in the name of the company - interpretation of Article 11 of the Company Law;
7. The legal significance of the restriction of the authority of the legal representative in the articles of association or the shareholders' meeting - interpretation of Article 11 of the Company Law;
8. Representatives and agents;
9. Apparent agent and apparent representative;
10. The validity and consequences of the civil juristic acts engaged in by the legal representative or the person in charge in violation of the restrictions on his or her representation rights by laws and administrative regulations? - Interpretation of Article 20, Paragraph 1 of the Interpretation of the General Principles of Contract Compilation;
11. What is the validity of the civil juristic acts engaged in by the legal representative or the person in charge who exceeds the restrictions on the right of representation in the articles of association or the power authority? - Interpretation of Paragraph 2 of Article 20 of the Interpretation of the General Principles of Contracts;
12. What is the legal effect of the legal representative of the company exceeding his authority to provide guarantee in the name of the company without the authorization of the resolution?
13. When a commercial bank accepts a guarantee from a company to another person, does it have the obligation to examine the substance of the corresponding resolution?
14. If the creditor clearly knows that the company's resolution is forged, but still accepts the company's guarantee to others, is the guarantee contract valid?
15. Risk Warning and Suggestions.
Topic 15: Impact of the New Companies Law on the Pawnbroking Business
1. Investigation and analysis of the company's name and nature;
2. Review of the company's articles of association – validity and continuity;
3. What are the matters to be registered in the company - interpretation of Article 32 of the New Company Law;
4. Investigation and analysis of company changes - interpretation of Article 34 of the New Company Law;
5. Investigation and analysis of the business license - authenticity and validity;
6. Investigation and analysis of registered capital and paid-in situation;
(1) The limited liability company is changed from a subscription system to a time-limited subscription system;
(2) The term of subscribed capital contribution of a limited liability company is limited to five years - Articles 47, 228 and 266 of the New Company Law
Read;
(3) Changing the subscription system to the paid-in system for a company limited by shares - Interpretation of Articles 98, 228 and 266 of the New Company Law;
(4) Equity and creditor's rights can be used as capital contributions - interpretation of Articles 48 and 98 of the New Company Law;
(5) Legal liability of shareholders for evading capital contributions: Interpretation of Article 53 of the New Company Law;
(6) Clarifying the liability of shareholders and other shareholders with defective capital contributions for defective capital contributions - Interpretation of Articles 49, 50 and 99 of the New Company Law;
(7) Clarification of shareholders' loss of rights and shareholders' obligations to cover their rights - Interpretation of Article 52 of the New Company Law;
(8) Clarification of the conditions for the unconditional acceleration of the maturity of the capital contribution - interpretation of Article 54 of the New Company Law;
(9) Clarify the liability for capital contribution in the case of non-payment of capital contribution equity and defective capital contribution equity transfer - Article 1 of the New Company Law
88 interpretations;
(10) Key points that need to be paid attention to in the equity pledge business under the background of the new company law.
7. Investigation and analysis of the legal representative
(1) Expansion of the scope of candidates for legal representative - Article 10 of the New Company Law;
(2) When the legal representative resigns from the position of director or manager, it shall be deemed to have resigned from the legal representative at the same time - Article 10 of the New Company Law;
Risk warning: It will be easier to change the legal representative;
(3) If the legal representative resigns, the company shall determine the new legal representative in a timely manner - interpretation of Article 10 of the Company Law;
(4) Legal consequences of the legal representative's actions in the name of the company - interpretation of Article 11 of the Company Law;
(5) The legal significance of the articles of association or the limitation of the authority of the legal representative of the shareholders' meeting - interpretation of Article 11 of the Company Law;
8. A good shareholder is a good father;
9. Investigation and analysis of corporate governance;
(1) What is corporate governance? (2) the latest changes in the corporate governance rules of the New Company Law;
(3) Key points of the corporate governance survey.
10. Investigation and analysis of directors, supervisors, senior executives, actual controllers, and controlling shareholders;
(1) Duty of Loyalty and Diligence of Directors, Supervisors and Senior Executives – Paragraphs 1 and 2 of Article 180 of the New Company Law;
(2) Strengthening the Responsibilities of Controlling Shareholders and Actual Controllers – Article 180, Paragraph 3 and Article 192 of the New Company Law;
(3) Regulating self-trading and related-party transactions, and clarifying the rules for the recusal of affiliated directors - Articles 182 and 185 of the New Company Law;
(4) Clarify the responsibilities of directors, supervisors and senior executives to maintain the company's capital adequacy;
(5) Liability and Consequences of Illegal Distribution of Profits – Interpretation of Article 211 of the New Company Law;
(6) In case of illegal capital reduction, the responsible directors, supervisors and senior executives shall be liable for compensation for the company's losses - interpretation of Article 226 of the New Company Law;
(7) What is the actual controller? - Article 265 of the New Company Law on the definition of actual controller;
(8) How can financial institutions effectively identify and judge the actual controller?
(9) Other issues that need attention.
11. Understand the company's business history and historical evolution;
12. The number of holding and shareholding enterprises, branches, etc., and the proportion of shareholdings;
13. Related Party Relationships and Related Party Transactions;
(1) The latest provisions of the Three Measures on related parties and related party transactions.
(2) Interpretation of the latest provisions on loan concentration and credit management in the New Version of the Three Measures.
14. Credit status analysis
15. Other issues that need attention
(1) the circumstances of the lawsuit; (2) Cooperation with the Bank; (3) administrative punishments;
16. The New Company Law Strengthens Information Disclosure and Credit System Construction -- On Information Publicity
17. Horizontal personality denial of legal person personality;
Topic 16: Legal Issues in Late Collection, Litigation and Enforcement
1. If there is a problem with the borrower's business condition, whether the pawnshop can recover the loan in advance.
2. Three basic tasks: power base analysis + understanding the current situation + analysis of reasons;
(1) How to conduct a rights base analysis? - Legal relationship + legal effect;
(2) What do I need to know about the borrower? (3) How to analyze the reasons for overdue?
3. Good at using multiple channels to investigate and understand customer information;
4. Common ways of disposal of non-performing assets;
5. 7 basic principles of overdue collection;
6. Common ways and legal risks of debt restructuring - benign or malignant;
7. Liquidity risk or material risk;
8. Factors to be considered in debt restructuring;
9. Understand these three sentences, and the success rate of recovery will be doubled;
10. How to find pressure points? - those who care + those who are afraid;
11. Objectives in recovery;
12. The choice of collection method - litigation or non-litigation?
13. Analysis of common legal risks in litigation;
14. Common erroneous litigation concepts;
15. Why do we advocate that there must be a lawsuit?
16. Common methods and responses to debt evasion by enterprises;
17. Is there any legal risk if the company's customer name, shareholder, legal representative, etc. are changed during the credit granting period?
18. Statute of limitations and guarantee period;
19. Expand the path of debtors;
(1) Whether the personality of the company is not; (2) Shareholders who have not paid their capital contributions in full; (3) Liability of shareholders for false capital contributions;
(4) Investigate the liability of the liquidation obligor; (5) Liability for false liquidation;
(6) The property of a one-person limited liability company is mixed; (7) Shareholders withdraw their capital contribution obligations;
20. Analysis of common debt-bearing assets - where does the money come from?
21. Analysis of debt undertaking methods;
22. Can I apply for the addition of a shareholder who has not contributed enough capital to be the person subject to enforcement?
23. If the person responsible for the liquidation of the company neglects to perform the liquidation obligation, resulting in the loss of the company's account books, etc., and the liquidation cannot be carried out, can the person responsible for liquidation be required to bear joint and several liability for the company's debts?
24. If the assets of the person subject to enforcement cannot pay off all the debts, how can multiple creditors dispose of and distribute the property of the person subject to enforcement? (Individual + Company)
25. Can the spouse of the person subject to enforcement be directly added as a joint debtor in the enforcement procedure, and can the property in the name of the spouse of the person subject to enforcement be directly enforced?
26. Can a house purchased by a parent in the name of a minor child and registered in the name of the child be executed due to the parent's debt?
27. Legal Issues of Repayment of Debts in Kind: Interpretation of Articles 27 and 28 of the Interpretation of the General Principles of Contract Compilation;
28. Application of the rule of third-party settlement on behalf of the third party - a significant impact on the collection
(1) Interpretation of Article 524 of the Civil Code;
(2) Scope of third parties with legitimate interests in the performance of debts - interpretation of Article 30 of the Interpretation of the General Principles of Contracts;
(3) The scope of the third party's exercise of power - does it include the creditor's power over the guarantor?
(4) How to understand the "shall not harm the interests of creditors" as stipulated in Article 30 of the Interpretation of the General Principles of Contracts?
(5) Can the guarantor or the third party providing the security of the goods obtain the creditor's rights against the debtor if the guarantor or the third party providing the security of the goods pays off the debt on behalf of the debtor? - On the right of subrogation for liquidation;
(6) How should the guarantor deal with the claim against other guarantors after performing the debt on behalf of the guarantor and obtaining the creditor's rights? - Interpretation of Paragraph 3 of Article 30 of the Interpretation of the General Principles of Contract Compilation;
(7) Whether the transferee, usufructuary right holder, or lawful possessor of the secured property can obtain the creditor's right to pay off the debts on behalf of the debtor
Human rights against debtors?
(8) Can the subordinate security right holder on the secured property obtain the creditor's rights against the debtor if it pays off the debt on behalf of the debtor?
(9) Can the buyer of the house obtain the creditor's rights against the debtor if he pays off the debt on behalf of the debtor?
(10) Can the debtor's close relatives obtain the creditor's rights against the debtor if they pay off the debts on behalf of the debtor?
29. Subrogation of Debt Preservation - Interpretation of the Latest Provisions of the Interpretation of the General Principles of Contract Codification;
30. Right of Revocation of Debt Preservation - Interpretation of the Latest Provisions of the Interpretation of the General Principles of Contract Compilation;
About the Lecturer:
Mr. Sun Zitong: Chief Expert Consultant of China Enterprise Qingda Education Group, Lawyer of Beijing Yingke Law Firm, with senior credit manager qualifications, focusing on banking, guarantee and other fields, teaching more than 100 days a year, and training tens of thousands of students, Mr. Sun has accepted Bank of China, Industrial and Commercial Bank of China, Postal Savings Bank, Minsheng Bank, Bohai Bank, CITIC Bank, Changsha Bank, Dazhou Bank, Huarong Xiangjiang Bank, Zhangjiakou Bank, Cangzhou Bank, Weihai Bank, Bank of Dezhou, Bank of Guizhou, Bank of Guiyang, Hubei Bank, Bank of Taizhou, Bank of Ya'an, Bank of Gansu, Bank of Rizhao, Bank of Guangzhou, Bank of Qingdao, Bank of Luzhou, Bank of Ningxia, Bank of Liaoyang, Guiyang Rural Commercial Bank, Shangrao Bank, Dezhou Rural Commercial Bank, Zhongyuan Bank, Wuhan Rural Commercial Bank, Zhongshan Rural Commercial Bank, Jiangmen Rural Commercial Bank, Luoyang Rural Commercial Bank, Deyang Credit Union, Hunan Provincial Union, Xiangtan Rural Commercial Bank, Puyang Rural Commercial Bank, Chinese Life Property Insurance Company, Hebei Rural Credit Union Chengde Audit Center, Quzhou Municipal Office, Inner Mongolia Autonomous Region United Society, Xinjiang Autonomous Region Association and other institutions as well as provincial financial associations invited to teach practical training courses, the content of the lectures is well received by the students, and he is a well-known domestic expert in credit, guarantee, Internet finance and other industries authoritative risk management and control.
Course fees
Course time: June 26-28 (June 25 is the full day registration)
Training location: Shandong · Qingdao
Charging standard: 3980/person
For more information:
Scan the QR code to add the course advisor's WeChat
Tong Jinbei
13611182280 (same number on phone and WeChat)