Docvit News | The Launch Ceremony of Docvit Central SOE Compliance New Product Line was successfully held
Source: Time: 2019-07-09 11:22:17 Author:
Introduction: On July 6, 2019, the Launch Ceremony of Docvit Central SOE Compliance New Product Line & Seminar on New Trends in Central SOE Compliance in the Context of Sino-US Trade Conflict was successfully held. Prof. HE Liping, director of Institute of International Finance, BNU Business School, expert member of Chinese Economists 50 Forum, lawyer LIU Guangchao, director of Beijing Docvit Law Firm, Mr. XI Xiaohong, senior adviser of Beijing Docvit Law Firm, and lawyer SHI Guanghu, senior partner of Beijing Docvit Law Firm, jointly released the Docvit central SOE compliance new product line, guests from central SOEs, SOEs, financial institutions and judicial systems attended the forum and conducted in-depth exchanges on the construction of central SOE compliance management system in the context of Sino-US trade conflict.
At the news conference, Prof. HE Liping delivered a keynote speech on three subject terms of "trade conflict, compliance management and corporate governance". Against the context of current Sino-US trade dispute, Prof. HE pointed out that it is not the interruption of the globalization process, but the new structural adjustment of the globalization process. If the adjustment is made well, it will go backwards; on the contrary, there will be opportunities for development. And two conclusions can be drawn from the current development situation: first, current Sino-US trade conflicts or negotiations will be protracted. Second, Sino-US trade conflicts and frictions will be expanded. The Sino-US trade conflicts cover geopolitical factors, will expand to areas other than trade, specifically involving investment, technology, enterprises, etc.
Speaking of corporate compliance, Prof. HE said that the demands for compliance management of Chinese enterprises, SOEs and central SOEs will be further increased in the future. Implicit subsidy and implicit guarantee are issue behind low information transparency, unregulated corporate governance structure and financing behaviors not fully in line with the market. In the past, enterprises did not pay attention to these aspects, but with the further opening up and development of China's economy, the issue of corporate compliance involves the complexity of policies, which has become a major legal event.
Finally, Prof. HE proposed that the corporate governance structure is actually a set of mechanisms and norms that are known by the outside world to coordinate the relationships among all stakeholders. Achieving compliance within the scope of an enterprise's ability and achieving the construction of corporate governance structure within the scope of its ability are closely linked. Central SOEs and SOEs in particular need to strengthen in this respect and follow the law and professional opinions in the process of specific operations.
Later, Prof. HE Liping, director LIU Guangchao, Mr. XI Xiaohong and lawyer SHI Guanghu jointly unveiled the Docvit central SOE compliance new product line.
After the launch ceremony, lawyer SHI Guanghu, the main principal of the research and development team of Docvit central SOE compliance product line, interpreted the product line and shared the central SOE compliance management in combination with the No. 106 document system issued by the State-owned Assets Supervision and Administration Commission. Lawyer SHI said that, in the context of Sino-US trade conflict, the compliance management of central SOEs and SOEs has become an issue and development trend that cannot be ignored. Meanwhile, Docvit mainly serves central SOEs, SOEs and financial institutions, so it is imperative to comprehensively diagnose the corporate compliance management issues from the perspective of law, provide professional legal advice, effectively realize compliance operation and prevent risks. Therefore, the Docvit central SOE compliance product line emerged at the right moment.
Subsequently, lawyer SHI explained in detail from four aspects, namely, compliance and compliance management, responsibilities and key points of compliance management, how to carry out compliance operation and how to guarantee compliance inside central SOEs. Lawyer SHI emphasized the seven steps of compliance management in central SOEs, introduced the departments and specific responsibilities involved in compliance management, and further analyzed the systemic risks faced by central SOEs in the context of current Sino-US trade disputes and how to prevent and control risks.
Mr. XI Xiaohong, senior adviser of Docvit, combined with his years of experience, shared his opinions on how central SOEs to effectively deal with overseas arbitration exclusively. Citing data and official research reports, Mr. XI summed up the status quo of overseas arbitration faced by Chinese enterprises. He thought that the overseas arbitration faced by Chinese enterprises had gone through a dangerous situation, almost "hard times in each stage". Due to the lack of experience in international investment, Chinese enterprises do not know how to use laws and appropriate dispute resolution mechanisms to safeguard their rights and interests, thus resulting in repeated huge losses in foreign investment.
Mr. XI said that the arbitration agreement is the basis of everything. We should pay attention to such problems as the validity of the terms, the decision-maker, and the selection of arbitration organization, place of arbitration and arbitrators. Meanwhile, he pointed out the characteristics and shortcomings of Chinese lawyers in overseas arbitration, and explained why Chinese enterprises would select foreign arbitration organization instead of domestic arbitration organization for arbitration. Taking a real case of a central SOE, Mr. XI made a vivid and in-depth interpretation of how the central SOE effectively dealt with overseas arbitration. Finally, Mr. XI concluded that the dispute resolution is equal to a war, in which "the brave wins when two enemies meet" and "the wiser win when the brave meet". Chinese enterprises need to deal with overseas arbitration in a coordinated manner.
At last, the participants had in-depth exchanges on how central SOEs to plan the top-level architecture of compliance management, the means of compliance investigation and compliance control for business partners of central SOEs under the new regulatory situation, overseas investment compliance and risk control, how to establish and improve the compliance management system from the legal perspective, and which compliance warnings that enterprises need to focus on.
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