Q&A
Q:
What is the list of must-haves for common policies by category? 07-14
A:
(1) For Chinese of foreign nationalityA. Application formB. Proof of work permitC. Employment certificate issued by employerD. Employer’s registration certificate and annual inspection certificateE. Proof of tax recordsF. Noncriminal record certificate authenticated by the embassy or consulateG. Ph.D. degree certificate (only for Chinese Ph.D. applicants)H. Residence certificate cancellation issued by the former countryI. Chinese passport before naturalizationJ. Certificate of naturalization(2) For market-oriented talentsA. Application formB. Proof of work permitC. Recommendation letter and four-year salary certificate issued by employerD. Employer’s registration certificate and annual inspection certificateE. Proof of tax records for four consecutive yearsF. Noncriminal record certificate authenticated by the embassy or consulate
Q:
What are the common policies for foreign talents working in Shenzhen? 06-02
A:
Three common policies for permanent residents:(1) Talents recommended by governmentThese are high-level foreign talents and their spouses, plus minor children who meet the standards recommended by Qianhai Authority or Shenzhen Municipal Government.(2) Chinese of foreign nationalityThese are foreigners working in Shenzhen with a Ph.D. degree or have worked in Shenzhen for more than four years and live in China for no less than six months each year.(3) Market-oriented talentsThese are foreigners who have worked in China for more than four consecutive years and live in China for no less than six months each year, with an annual salary of no less than 400,00 yuan and annual individual income tax of no less than 70,000 yuan.
Q:
What is the foreign permanent resident ID card in China? 08-02
A:
A foreign permanent resident ID card issued by the People’s Republic of China.It’s a legal document for foreigners with permanent residence status to prove their identity in China and a tangible certificate for foreigners with permanent residence to enjoy preferential treatments in China.
Q:
What are the consequences should the registered capital not be paid by the shareholders? 01-13
A:
The capital contribution not yet paid by the shareholders shall be regarded as liquidation property.When the company’s property is insufficient to pay off its debts, the shareholders as well as other shareholders or subscribers at the time of the company’s incorporation, who have not paid their capital contributions, shall bear joint and several liabilities to pay off the company’s debts within the scope of the unpaid capital contributions.
Q:
What can you do with the registered capital? 02-01
A:
Registered capital can be used to pay all the business operation expenses, such as office rent, staff salaries and payment for goods and services the company needs.
Q:
How and when to pay the registered capital? 03-03
A:
Shareholders can set up the rules of paying registered capital in the Articles of Association.
Q:
What can be valued as registered capital? 09-13
A:
Cash, intellectual property rights, land use right, know-how, trademarks, machinery and equipment can be valued as registered capital.
Q:
What is registered capital? 09-13
A:
Registered capital is the capital raised by the company at the time of establishment, stated in the Articles of Association and registered by the company registration authority, and is the amount of capital contribution subscribed by the shareholders.
Q:
What are the legal representative’s duties? 09-13
A:
He or she takes responsibility for organizing and leading production and operation activities within the company and shall act on the company’s behalf to sign legal documents.He or she undertakes the responsibilities required by laws, regulations or the company’s Articles of Association, including hosting the board of directors or shareholders’ meetings.
Q:
Who can be a legal representative? 09-13
A:
According to the Company Law, the chairman of the board, the executive director or the company’s manager can act as the company’s legal representative.
Q:
What is a legal representative? 09-13
A:
A legal representative is the major principal who acts on behalf of the legal entity to perform its civil rights and obligations according to laws and the company’s Articles of Association.To some extent, serving as the company’s legal representative usually means controlling the company’s core power.
Q:
Q: What are the legal suggestions for precontract? 08-11
A:
A: It is better to sign a contract when the parties have agreed on the critical items such as price, subject and quantity. For any open items, they can use a supplementary contract to set these items down later. This will enable them to avoid using a precontract in some circumstances.However, if a precontract is inevitable, the parties need to set forth calculation methods on the liquidated damage or at least an amount of liquidated damage for the default party who refuses to conclude a formal contract after a precontract became effective.
Q:
Q: What are the consequences breaching the precontract? 08-11
A:
A: Parties are legally bound by the precontract when it comes into effect. The party who breaches a precontract by refusing to enter a formal contract shall assume the liability of contract. Due to the principle of the freedom of contract, the Chinese courts will not force a party to conclude a contract.
Q:
Q: What is the precontract? 08-11
A:
A: To lock in a transaction, usually, the parties may conclude a subscription contract, subscription order, letter of intent and the like; stipulating that the parties shall enter a final contract within a certain period in the future. The aforesaid subscription contract, subscription order or letter of intent are regarded as the “precontract” and the final contract is called formal contract in Chinese law. The substantial difference between the precontract and the formal contract is that parties aim to conclude a formal contract by signing a precontract.
Q:
Q: What are the consequences of force majeure? 08-11
A:
A: Postponement of the contract or termination of the contract.
Q:
Q: What are the features of force majeure? 08-11
A:
A: Main situations: natural disasters such as typhoons, floods and hail; government actions such as expropriation and requisition; abnormal social events such as strikes and riots.
Q:
Q: What is force majeure? 08-11
A:
A: Force majeure is a common clause in contracts which essentially frees one or both parties from liability or obligation, when an extraordinary event or circumstance beyond the control of the parties prevents one or both parties from fulfilling their obligations under the contract.
Q:
Q: What role does insight, or understanding why I’m upset, play in all of this? 08-11
A:
A: The basic premise of cognitive therapy is that our beliefs drive our emotions. So, insight gives us hope for growth and greater control of our emotions while also implying a sense of responsibility for our reactions. Emotions are less automatic than we often realize. Our goal is to identify overly rigid or inaccurate beliefs about ourselves, other people, and the world. Then, we want to refine those beliefs into versions that are more flexible and appropriate.
Q:
Q: If I want to manage my emotions in a healthy way, where is the best place to start? 08-11
A:
A: Describe, in as detailed a manner as possible, how you physically feel whenever you have strong emotions. When you’re feeling anxious, do your muscles tighten? Does your neck tingle? Does your jaw clench? Do you feel waves of hot or cold down your back? Does your breathing change? We need to identify all of the various body cues that signal a strong emotion. Identifying the differences between our body’s baseline and how it feels when we are anxious, upset or angry is extremely important. Often, we carry emotions around, and they impact our lives without us even realizing what is happening.
Q:
Q: What are the dangers of downplaying or avoiding emotions? 08-11
A:
A: Think of a person stuffing their emotions inside. When those emotions eventually become too overwhelming, that person will explode. Another result of this behavior might be these “stuffed” emotions causing misdirected resentment. In other words, those negative feelings will leak out in the form of passive aggressive behaviors directed toward others who are not at fault. However, people seldom realize there is a risk greater than these first two. That is, discounting or avoiding our emotions, when they hurt, can separate us from all their benefits.Emotions are closely intertwined with the meaning of our lives. If we get into the habit of downplaying our emotions, we are at risk of living our life without motivation. This kind of life feels flat, hollow, empty, and unsatisfying.