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企业法律顾问服务内容清单英文版?

用户:167****8757 南澳县 2025-02-01 12:03 法律顾问 浏览量:41653
精选律师最佳回答:
拓娜娜
拓娜娜*律师/15319558077(微信同号) 专职律师 立即咨询
陕西益图律师事务所
擅长领域: 法律顾问、公司上市、房产纠纷、离婚律师、债权债务

The user is seeking an English version of the service content list for corporate legal counsel, aiming to understand the scope of services provided by senior legal advisors in China from five aspects. Herein, we will outline the typical services offered by corporate legal counsel in China and provide relevant legal references where applicable.

1. Drafting, Reviewing, and Negotiating Contracts

Corporate legal counsel plays a pivotal role in ensuring that all contracts and agreements are legally sound, protecting the company's interests. This includes drafting new contracts, reviewing existing ones, and negotiating terms on behalf of the company.

  • Legal Basis: Article 467 of the Civil Code of the People's Republic of China (2021) states that "a contract is a civil legal act through which parties establish, change, or terminate civil rights and obligations relationships."

2. Compliance and Regulatory Advice

Counsel advises on compliance with national and local laws, regulations, and industry standards. They monitor changes in legislation and advise the company on necessary adjustments to remain compliant.

  • Legal Basis: Article 5 of the Company Law of the People's Republic of China (2018) stipulates that "companies must operate in accordance with law, abide by commercial morals, accept government and social supervision, and bear social responsibility."

3. Dispute Resolution

Legal counsel assists in resolving disputes either through litigation, arbitration, or alternative dispute resolution methods. They represent the company in court or before arbitrators when necessary.

  • Legal Basis: Chapter IV of the Arbitration Law of the People's Republic of China (1995) outlines the procedures for initiating arbitration, emphasizing the importance of written agreements between parties.

4. Intellectual Property Protection

Counsel ensures that the company's intellectual property (IP) is protected, including trademarks, patents, copyrights, and trade secrets. They handle IP registrations, licensing agreements, and infringement cases.

  • Legal Basis: Article 12 of the Trademark Law of the People's Republic of China (2019) specifies that "any trademark that is identical with or similar to a well-known trademark registered in China by others shall not be registered nor used."

5. Corporate Governance and Board Advisory

Legal counsel advises on corporate governance issues, ensuring that the company operates in line with its bylaws and applicable laws. They also provide advice to the board of directors on legal matters.

  • Legal Basis: Article 37 of the Company Law (2018) details the responsibilities and powers of the board of directors, emphasizing their role in overseeing the company's operations and strategic direction.

In conclusion, the role of a corporate legal counsel in China is multifaceted, encompassing contract management, regulatory compliance, dispute resolution, IP protection, and corporate governance. These services are essential for maintaining the legal health and operational integrity of any business operating within the country.

Note: The legal references provided are based on the most recent versions available as of the date of this writing.

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解答律师
拓娜娜 专职律师
陕西益图律师事务所
法律顾问、公司上市、房产纠纷、离婚律师、债权债务
服务地区:西安市
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