Training zu Recht und Gesetz

Die German Centre Taicang Academy bietet folgende Trainings zu Recht und Gesetz an.

Datum: Freitag, 22. März 2024
Zeit: 14:30 – 16:30 Uhr
Ort: German Centre Taicang
Sprache: Englisch
Preis: 600 RMB pro Person

Course Introduction

Anti-corruption is a theme that every company has to face in compliance management. As the authorities have intensified their investigation and punishment toward corruption activities, we need to think about how to avoid corruption scandals: a devastating blow to the goodwill that a company has built up over the years. How to establish and improve internal anti-corruption rules? How to detect and prevent possible corruption in daily business? How can a company and its management avoid being held liable if the bribe is actually provided by an employee out of personal will? We will focus on these topics and provide you with compliance guidance in the light of the latest enforcement practices.

Target audience

General Managers, Business Owners, Corporate Counsel, Human Resources Managers, Risk & Compliance Professionals and anyone interested in gaining knowledge

Training Content

Identification of Corruption-related Risks

  • Typical acts of corruption (Case Sharing)
  • Who shall be held liable? And what are the consequences?
  • Latest enforcement practice in Jiangsu, Zhejiang and Shanghai

Risk Control Guidance

  • How to improve internal rules and regulations?
  • How to enhance daily management?
  • Creating a compliance firewall: preventing liability of company & its senior management

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on corporate/M&A, complex disputes, employment law, data compliance, intellectual property protection and tax law.

Datum: Freitag, 19. April 2024
Zeit: 14:30 – 16:30 Uhr
Ort: German Centre Taicang
Sprache: Englisch
Preis: 600 RMB pro Person

Course Introduction

Trade secrets of enterprises often deal with core technology and business information, which has an important impact on the competitive advantage and profitability of enterprises. By protecting trade secrets, enterprises can avoid imitation and theft by competitors and maintain their leading position in the market. In this seminar, our speaker will introduce you to China’s trade secret protection policy as well as rights defense procedures and other information, and provide effective and pragmatic enterprise management tools for trade secrets protection.

Target audience

Lawyers & Legal Professionals, General Managers, Business Owners, Corporate Counsel, IT Professionals, Human Resources Managers, Risk & Compliance Professionals, Contract Administrators and anyone interested in gaining knowledge

Training Content

Trade Secret Management

  • What are Trade Secret
  • How are Trade Secrets protected in China
  • Relationship between Trade Secrets and Non-Compete Restrictions
  • What can you do

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on corporate/M&A, complex disputes, employment law, data compliance, intellectual property protection and tax law.

Datum: Freitag, 21. Juni 2024
Zeit: 14:30 – 16:30 Uhr
Ort: German Centre Taicang
Sprache: Chinesisch
Preis: 600 RMB pro Person

Course Introduction

The course titled “Compliance Review on Supply Chain” explores the recent developments in China’s supply chain industry while incorporating a broader perspective. The course will cover key aspects such as an overview of the supply chain, identification of key stakeholders, and potential compliance risks. It will delve into the process of conducting a compliance review, including data gathering, assessing legal requirements, and evaluating adherence to industry standards. Strategies for mitigating compliance risks, such as developing policies, conducting due diligence, and implementing monitoring and auditing practices, will be discussed. Emphasis will also be placed on continuous improvement and monitoring, including establishing a compliance monitoring system, regular policy review, and training programs for supply chain stakeholders. Real-world case studies of successful compliance programs and lessons learned from supply chain compliance failures will be shared.

Target audience

Lawyers & Legal Professionals, General Managers, Business Owners, Corporate Counsel, Supply Chain Managers, Procurement Officers, Risk & Compliance Professionals, Contract Administrators and anyone interested in gaining knowledge

Training Content

I. Understanding the Supply Chain

  • Overview of the supply chain
  • Key stakeholders involved
  • Potential compliance risks in the supply chain

II. Conducting the Compliance Review

  • Gathering relevant data and documentation
  • Assessing compliance with legal requirements
  • Evaluating adherence to industry standards and best practices

III. Mitigating Compliance Risks

  • Developing compliance policies and procedures
  • Supplier selection and due diligence
  • Monitoring and auditing practices

IV. Continuous Improvement and Monitoring

  • Establishing a system for ongoing compliance monitoring
  • Regular review and update of compliance policies and procedures
  • Training and awareness programs for supply chain stakeholders

V. Case Studies and Examples

  • Real-world examples of successful compliance programs
  • Lessons learned from supply chain compliance failures

VI. Q&A Session

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on corporate/M&A, complex disputes, employment law, data compliance, intellectual property protection and tax law.

Date: Friday, 27  October 2023
Time: 3:00 pm – 5:00 pm
Venue: German Centre Taicang
Language: Chinese
Price: 800 RMB per person
Participants: max. 15

Course Introduction

Companies are generally aware of the tax implications of cross-border payment of royalties in cross-border trade and will therefore declare, withhold and pay tax to the Chinese tax authorities in accordance with the law. However, it is often easy for companies to overlook the customs implications and fail to declare taxable royalties to Customs in a timely manner, which may result in customs audits and even referral to the Customs Anti-Smuggling Department for investigation and penalties. Through the sharing of cases and practical experience, this seminar aims to help companies identify and assess the customs tax obligations arising from cross-border royalty payments and provide compliance tips on how to declare taxable royalties in different circumstances, so as to facilitate companies to enhance and achieve compliance in cross-border trade.

Target audience

Compliance Professionals and Customs and Finance staff in charges

Training Content

Determination of Dutiable Royalties

  • What royalties should be included in the dutible price of imported goods?
  • Any double taxation in case of being taxed by both tax and customs authorities? How to avoid it?

Compliance declaration of dutible royalties

  • How to make a compliant declaration (import declaration requirements, declaration time, etc.)
  • Remedies for failure to comply – voluntary disclosure mechanism
  • Daily compliance management (objective quantitative standards, cost apportionment, documentation recording management, etc.)

Case Study: Customs Audit of Royalties

  • Procedures and timing of customs audit
  • Focus of royalty audit
  • Possible results

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on corporate/M&A, complex disputes, employment law, data compliance, intellectual property protection and tax law.

Date: Friday, 2 June 2023
Time: 3:00 pm – 5:00 pm
Venue: German Centre Taicang
Language: Chinese
Price: 800 RMB per person
Participants: max. 15

Course Introduction

Since the sales department is directly related to the financial benefits of the enterprise, and the sales staff of the enterprise also represents the image of the enterprise in the process of interacting with external customers, agents, distributors, other parties, etc., Compliance loopholes in the sales process may not only lead to financial consequences in terms of lost profits, but could also cause serious damage to the reputation and brand image accumulated by the enterprise over the years. Therefore, sales compliance is undoubtedly an important part of an enterprise’s compliance system. This seminar, by sharing cases and practical experiences, aims to helping enterprises identify the compliance risks in the sales process and establish a compliance firewall in the sales process from various dimensions such as workflow management, rules and regulations design and sales staff management.

Target audience

Compliance Professionals and Sales related Mid-senior management in all industries

Training Content

Identification of Sales Related Compliance Risks

  • Introduction of typical risks (bribery, conflict of interests, anti-trust etc.)
  • Getting serious with compliance risks in sales process (case sharing)

Improvement of Internal Procedures and Regulations

  • Review and improve sales procedures (price management, maintainance of client resources)
  • Sales Channels: Key points in the selection of distributors and the formulation of distribution agreements
  • How to involve sales related compliance requirements in general regulation of the company (Code of Conduct, Employee Handbook, etc.)?
  • “Red Flags” in the policies relating to appraisal and incentive of sales employees

Management of Sales Activities

  • Case sharing focusing on investigation and evidence collection of fraud cases committed by sales employees
  • Main focuses in daily management (reimbursement, sales related documentation, etc.)
  • Specific compliance audit, how to make it as an efficient supplement to daily management?

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on corporate/M&A, complex disputes, employment law, data compliance, intellectual property protection and tax law.

Date: Friday, 21 April 2023
Time: 3:00 pm – 5:00 pm
Venue: German Centre Taicang
Language: English
Price: 800 RMB per person
Participants: max. 15

Course Introduction

In recent years, China has enacted a series of laws, regulations, implementation rules, and standards in the field of cyber security and data protection. As China’s regulatory framework for cybersecurity and data protection becomes ever more clear, the need for companies to conduct and demonstrate compliance with the requirements of regulated authorities is imminent. For MNCs, the bigger concern is the cross-border data compliance. How to securely and legally enable data transfer across border in China? Facing all these challenges, we wonder “Data Compliance Challenge?” In this seminar, you will hear from our speaker ‘s views on how SMEs can comply with China’s strong data security regulation requirements step by step.

Target audience

Lawyers & Legal Professionals, General Managers, Business Owners, Corporate Counsel, IT Professionals, Human Resources Managers, Risk & Compliance Professionals, Contract Administrators and anyone interested in gaining knowledge

Training Content

Overview of China’s legal framework for cybersecurity and data protection

  • Legal hierarchy: CSL, DSL, PIPL
  • PIPL vs GDPR – commonalities and key differences
  • Information safety management (the basics for every organization )
  • Getting serious with MLPS: data classification, graded protection & registration/certification system
  • Industry-specific regulations and standards

Cross-Border Data Compliance (Case Sharing)

  • Different use cases in cross-border business
  • Analyzing your cross-border data flows: data mapping & classification
  • Which one do you need: self-assessment, certification, or security assessment?
  • What is it and how to perform data transfer impact analysis?
  • The Standard Contract – Magic tool for MNCs?

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on corporate/M&A, complex disputes, employment law, data compliance, intellectual property protection and tax law.

Date: Wednesday, 16 November 2022
Time: 3:00 pm – 5:00 pm
Venue: German Centre Taicang
Language: English
Price: 800 RMB per person
Participants: max. 15

Course Introduction

Human Resource is the key to the business success. An effective HR professional has knowledge and experience of all compliance issues relating to employee benefits & compensation, leave entitlement, confilict of interest and disciplinary management. It is crucial that HR professionals have knowledge of laws that affect HR management and that they are capable of desiging and implementing internal guidelines that take the legal requirements into consideration in a compliant way, because any overlook/neglect of the relavant legal requirements might result in penalties, labor disputes, damanaged reputation and lost profits.

In this course we will help you get a clear HR management framework, and help HR professionals, from the perspective of labor disputes, to develop internal policies in a more simpler and more compliant approach and deal with day-to-day matters in accordance with the policies in a more comprehensive manner.

Target audience

Mid-senior managment and HR Professionals in all industries

Training Content

I. Policies and labor disputes

  1. Requirements on policies
    1. Legitimacy
    2. Reasonableness
  2. Overview of labor disputes
      1. Daily disputes
      2. Report, labor arbitration, litigation

II. Design of policies

  1. Remuneration
    1. Structure
    2. Bonus
    3. Overtime payment
      Case study: RMB 2 million overtime claim? Are departing employees still entitled to year-end bonuses?
  2. Holiday management
    1. Annual leave
    2. Sick leave
      Case study: Is the company required to pay compensation for unused company leaves? Is „sick leave“ a „gold medal“ for exemption from termination?
  3. Reimbursement
    1. Application requirements
    2. Application period
      Case study: How can a company confirm that the invoices for false claims were submitted by the employees themselves?
  4. Conflict of interests
    1. Definition
    2. Requirements
      Case study: How was the use of a close family member to start a competing company discovered?
  5. Disciplinary
    1. Management by levels
    2. Compliant process
      Case study: How to define the damage caused to the company? How to determine the boundaries of reasonableness of disciplinary action?

III. Procedural requirements of the policies

  1. Legal requirements
  2. Local practices

IV. Conclusion

About Shahoe Law Firm

Shaohe Law Firm is a full-service Chinese law firm with local expertise and global reach. Founded in 2007, Shaohe Law Firm has become one of the most trusted legal service providers for foreign, especially European, business in China. We cover a wide range of practice areas with an emphasis on complex disputes, corporate/M&A, employment law, data compliance, intellectual property protection and tax law.

Date: Friday, 2 September 2022
Time: 1:30 pm – 5:30 pm
Venue: German Centre Taicang
Language: Chinese
Price: 1,200 RMB per person (the participation fee includes coffee break)
Participants: max. 15

About Luther

Luther Rechtsanwaltsgesellschaft mbH, with some 420 lawyers and tax advisors, is one of the leading corporate law firms in Germany. In addition to having offices in every economic centre throughout Germany, Luther is also present in ten locations across Europe and Asia.

Luther Law Offices in Shanghai employs more than 20 international and local lawyers and is the largest German-speaking law firm in the city.

Luther Shanghai is fully licensed to offer legal services in China and provides advice on all questions of Chinese law. We support foreign investors in the Greater China region on all legal matters with focus on Complex Disputes, Employment law, Corporate/M&A, Compliance & Internal investigations, Commercial and distribution law, IP law, Construction law, IT Law and Tax law. We also provide “one-stop” services covering corporate secretarial services, bookkeeping services, tax filing and payroll services.

Course Introduction

Professional sourcing and procurement staff should have adequate legal knowledge to identify pitfalls and minimize risks, and thus ensure smooth development in the procurement process and secure the supply of all goods and services required for business operation. This course covers a wide spectrum of topics including legal structuring of procurement, contract negotiation and management, export control system, warranty/product liability and dispute settlement, aiming to help local sourcing and procurement staff of multi-national companies get better equipped when identifying reliable suppliers for their overseas headquarters and conducting businesses with Chinese suppliers.

Content

Overview from legal perspective/Export control

  • Important commercial legislations
  • Chinese export control system

Legal structuring options

  • Import: direct sourcing or through trade agents
  • Sourcing via own entity established in China
  • VAT export refund

Contract negotiation and management

  • Supplier creditworthiness investigation
  • Fundamental principles of commercial contract
  • Letter of intent
  • Pre-contract liabilities
  • Contract conclusion
  • Validity of contract
  • Case study for contract conclusion/important clauses (payment, performance, termination, warranties, IP, damages, governing law, dispute settlement, etc.)

Warranty/Product liability

  • Inspection and compliant
  • Product liability of manufacturer and seller
  • Time limitations in the context of warranty/product liability

Dispute settlement

  • Governing law and jurisdiction
  • Litigation and arbitration (organizations, procedures and comparison between the both)
  • Case study for dispute settlement

Intellectual property protection

  • Art and form of IPR
  • Competent authorities
  • Protection methods for trademarks and patents
Date: Thursday, 20 January 2022
Time: 1:30 pm – 4:30 pm
Venue: German Centre Taicang
Language: Chinese
Price: 1,200 RMB per person (the participation fee includes coffee break)
Participants: max. 15

About Luther

Luther Rechtsanwaltsgesellschaft mbH, with some 420 lawyers and tax advisors, is one of the leading corporate law firms in Germany. In addition to having offices in every economic centre throughout Germany, Luther is also present in ten locations across Europe and Asia.

Luther Law Offices in Shanghai employs more than 20 international and local lawyers and is the largest German-speaking law firm in the city.

Luther Shanghai is fully licensed to offer legal services in China and provides advice on all questions of Chinese law. We support foreign investors in the Greater China region on all legal matters with focus on Complex Disputes, Employment law, Corporate/M&A, Compliance & Internal investigations, Commercial and distribution law, IP law, Construction law, IT Law and Tax law. We also provide “one-stop” services covering corporate secretarial services, bookkeeping services, tax filing and payroll services.

Course Introduction

As the most valuable intangible asset, IP is increasingly becoming an important part of a company’s assets, regardless of its industry or size, as it is a legal monopoly right that acts as a tool to help companies legally capture markets and exclude competitors. In this training, participants will be introduced to intellectual property to gain a solid understanding of intellectual property in general; and examples of how to protect products with intellectual property, what challenges companies may face in terms of intellectual property protection, and how companies can deal with counterfeiters.

Content

Intellectual Property Commercialization

  • What is IP?
  • Why IP is important?
  • Commercialization Process

IP Fundamentals by the Example of Dyson

  • Brief Introduction to IP
    • Patent
    • Registered Trademark
    • Copyright
    • Trade Secret
  • Sample – Dyson
    • Overview
    • Design Patent
    • Invention Patent
    • Registered Trademark
  • Enforcement of IP Rights
    • Overview
    • Civil Case [Case Study]
    • Criminal Case [Case Study]

IP-related Legal Provisions

  • Application of punitive damages [Case Study]
  • Relief of the burden of proof on the right holder
  • Open License

Key Takeaways & Recommendations

Date: Friday, 25 March 2022
Time: 1:30 pm – 4:30 pm
Venue: German Centre Taicang
Language: Chinese
Price: 1,200 RMB per person (the participation fee includes coffee break)
Participants: max. 15

About Luther

Luther Rechtsanwaltsgesellschaft mbH, with some 420 lawyers and tax advisors, is one of the leading corporate law firms in Germany. In addition to having offices in every economic centre throughout Germany, Luther is also present in ten locations across Europe and Asia.

Luther Law Offices in Shanghai employs more than 20 international and local lawyers and is the largest German-speaking law firm in the city.

Luther Shanghai is fully licensed to offer legal services in China and provides advice on all questions of Chinese law. We support foreign investors in the Greater China region on all legal matters with focus on Complex Disputes, Employment law, Corporate/M&A, Compliance & Internal investigations, Commercial and distribution law, IP law, Construction law, IT Law and Tax law. We also provide “one-stop” services covering corporate secretarial services, bookkeeping services, tax filing and payroll services.

Course Introduction

Flexible staffing aims to provide new ideas and methods for the companies to reduce labor costs within the legal scope. It encompasses all aspects of hiring models, working hours, employment management, etc. In this training, we will provide a variety of solutions for companies in terms of hiring, flexible management and remuneration designation.

Content

Various Forms of Flexible Hiring

  • Project-based labour contract
  • Part-time labour contract
  • Labour outsourcing

Working Hours

  • Flexible scheduling under standard working hours system
  • Special working hours system
  • Flexible working hours system
  • Comprehensive working hours system

Remuneration Arrangement

  • Fixed-salary and bonus
  • Overtime salary

Labor Management

  • Performance assessment
  • Contract termination

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