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May. 2005 |
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ACFE
16th Anti-Fraud Annual Conference will be held at |
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In
April 2005, The Law School of Peking University awarded ‘Steele
Scholarship’ and ‘Steele Stipend’, and the leaders of The Law
School attended the ceremony and had a speech. After the ceremony, the
president of Steele gave a lecture with the topic of ‘Effectively
Controlling Enterprise Risk By Using Business Investigation’, and
subsequently the president accepted the interview by the reporter of
school magazine. |
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The
same in April 2005, Chaoyang Branch of Zhigong Party held a seminar with
the topic of ‘Business Risk Control of Enterprises’, in which the
president of Steele had given a lecture about ‘The Effect of Business
Investigation in Enterprise Risk Control’, and attendants had a
ardently discussion, which has acquired a satisfactory feedback. |
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Pacific
Bar Association15th Annual Conference will be held at |
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<The
Law of Notary > may come out at the latter half year of 2005 for
ruling activities of notary and requiring the notarial organizations and
notaries to implement their duty according to The Law, which can prevent
civil disputes and business disputes and ensure the legitimate interest
of citizens, legal representatives, and other
organizations.
http://www.law-lib.com/fzdt/newshtml/yjdt/20050324105754.htm
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By
the report from ‘China Securities Newspaper’, The People’s Bank of
China has begun to draft out <The Bankruptcy Statute of Financial
Institutions>, in which will focus on those matters including the
administrative precondition of bankruptcy application, the problems of
trustee in bankruptcy, the reforming and solution procedure of
bankruptcy, and the assets disposition of insolvent financial
institutions. |
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New
York Life Insurance Company and Haier Group shall increase the capital
on their organized joint venture -- Haier New York Life Insurance
Company, and its capital will reach to RMB300 million. Moreover Haier
New York Life Insurance Company is planning to set up its third branch
in |
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The
1st General Conference of Insurance Agents will be held in |
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‘Heng
Li Da’ is the new designed integrated insurance product for
enterprises by Pingan Insurance (Group) Company of China Ltd. (PAIC),
which can directly provide the insurance guarantee for small and middle
sized enterprises for which the insurance value is between RMB 0.2
million to RMB5 million.
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Insurance recommendation |
Three indispensable travel insurances |
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Do
not forget to insure the insurance against travel during your ‘May Day
Vacation‘, here below we recommend three types of travel insurance for
your reference. The
first, the
accidental injury insurance for travelers, which can provide the risk
prevention service when you go on a long journey by vehicles. Among the
ticket or steamer ticket, 5% of the sum of the ticket is for the
insurance, and each insurance policy covers the amount insured with
RMB20,000.00. The time term of the insurance begins from pulling in to
coming out. The second, the life insurance for accommodation
travelers, in which the insurance company will pay the insurance
compensation based on different standards during the insurance period if
meets with an accident including extra surprise attack, murder,
deformity or disability, burglary, and plunder. The third, the
personal accident insurance for travelers, in which this insurance only
charges RMB1.00 for one insurance policy, and the highest insurance
coverage can reach RMB10,000.00, but each traveler can buy 10. The time
term begins from entering into the sight spot to leaving the sight spot.
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| Investigation tips |
Protecting Your |
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The
limitation of prosecutions in General Principals of Civil Law is the
time force for ensuring the obligee to achieve its right by using the
judicial proceedings. In judicial practices, it is unfit for general
debt disputes using the long-term limitation, by that some debtors may
use the general limitation of prosecutions as their ‘legal’ umbrella
for debt evasion. The
general tricks debtors may use including 1) Avoiding meeting the obligee
over a long period of time, which causes the obligee can not make the
debtor know the right proposition. If the litigation happens, on the
contrary the debtor blames the obligee has never protested his/her right
caused the litigation invalid. 2) Promising to redeem his/her obligation
only by oral, synchronously the debtor abandons his/her promise over and
over again. When the obligee brings an accusation against the debtor
because difficult to bear the buck passing the debtor will absolutely
deny his/her promised fact in the past. Then the debtor will antagonize
the obligee’s litigation request by the debt dispute beyond the
limitation of prosecutions. 3) The debtor effaces himself/herself by
employing the third party to contend with the obligee, and tries the
best to delay the time. Once the obligee sues the debtor at law, on the
contrary the debtor counterclaims the obligee never using his/her right
during the limitation of prosecutions, which causes the proposition of
obligatory right beyond the limitation of prosecutions, and thus the
obligee gets into a disadvantage circumstance. The
obligee loses the right to win a lawsuit not only because the debtor
viciously evaded the debt but also the obligee slacked to apply the
claim of judicial protection accordingly lost the limitation of
prosecutions. By that the enterprise has to protect the right in
accordance with following aspects. Firstly,
enhancing the awareness about limitation of prosecutions. If there has a
misunderstanding, in objective aspect it may slack using the claim of
judicial protection. Protecting the limitation of prosecutions of an
obligatory right is the precondition and base of protecting your assets,
once losing the limitation of prosecutions, the obligee can not get the
protection by the law because of losing the right to win a lawsuit.
Secondly, liquidating the obligatory right and debt regularly. The
special personnel is in charge of receivables at term, and collecting
and keeping the written documents for payment requirement including
telexes, the manuscript of fax, the return receipt of mailings,
telephone records, letters, repayment guarantee, repayment promise, and
so on, which can effectively avoid missing the limitation prosecutions.
Thirdly, keeping the communion with the judicial organization and brings
an accusation against the debtor in time before the expiration of
litigation of actions, protecting the obligatory right by the judicial
procedure.
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