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In July, new regulations came, involving company shareholders, consumer loans, unemployment insurance, etc

author:Dongying Net

improve the registered capital subscription registration system; It is forbidden to "kill ripe big data" and standardize "automatic renewal"; In 60 cities, the electronic use of motor vehicle driving licenses has been piloted...... From July, these new rules will come into force, which will affect your life and my life.

[Nationwide]

The New Company Law increases the protection of the legitimate rights and interests of shareholders and others

The newly revised Company Law of the People's Republic of China, which will come into effect on July 1, 2024, aims to regulate the organization and behavior of companies and protect the legitimate rights and interests of companies, shareholders, employees and creditors. The New Company Law improves the company capital system, abolishes the full subscription system of registered capital, and changes to a limited liability company to complete the full payment within five years from the date of establishment; In the case of a joint-stock company, "the promoter has set up a company with full paid-in".

In terms of strengthening the protection of shareholders' rights, the New Company Law strengthens shareholders' right to know, and clearly stipulates that shareholders have the right to inspect and copy documents such as the company's articles of association, meeting minutes, financial and accounting reports, and may request to inspect the company's accounting books and vouchers. If a controlling shareholder abuses its shareholder rights and seriously harms the interests of the company or other shareholders, the new company law stipulates that other shareholders have the right to request the company to acquire their equity at a reasonable price.

The term of the personal consumption loan shall not exceed 5 years

The revised Measures for the Administration of Fixed Asset Loans, the Measures for the Administration of Working Capital Loans, and the Measures for the Administration of Personal Loans will come into force on July 1, 2024.

The amendment clarifies that: first, the term of fixed asset loans is generally not more than 10 years, and if it is really necessary to apply for a loan with a term of more than 10 years, the head office of the lender shall be responsible for examination and approval, or the corresponding level shall be prudently authorized to be responsible for examination and approval according to the actual situation. Second, the term of the working capital loan shall not exceed three years in principle, and the maximum shall not exceed five years if the recovery period of operating cash flow is longer. Third, the term of personal consumption loans shall not exceed five years; The term of personal business loans is generally not more than five years, and the maximum is not more than ten years for those with a long recovery period for operating cash flow corresponding to the purpose of the loan.

The implementing regulations of the Law on the Protection of Consumer Rights and Interests came into effect

The Regulations for the Implementation of the Law of the People's Republic of China on the Protection of Consumer Rights and Interests, the first supporting administrative regulation of the Consumer Rights and Interests Protection Law, will come into force on July 1, 2024, and make special provisions on consumer pain points such as prepaid consumption, live streaming, "one old and one young", overlord clauses, order speculation, big data killing, automatic renewal, and forced tie-ins.

For example, with regard to live streaming, the regulations require that it must be clear "who is bringing goods" and "whose goods are being brought", clarifying that "everyone is responsible" for platforms, live broadcast rooms and anchors, and clarifying the consumer dispute resolution mechanism. For prepaid consumption, the regulations give consumers the right to terminate the contract for the first time, and the operator has to refund not only the balance of the advance payment, but also the performance of the contract and the breach of contract. The Regulations focus on the "overlord clause", which stipulates that business operators shall not use standard clauses to unreasonably exempt or reduce their liabilities, increase consumers' responsibilities, or restrict consumers' rights to modify or terminate contracts in accordance with the law, choose litigation or arbitration to resolve consumer disputes, or choose the goods or services of other business operators.

The Ministry of Public Security has introduced eight new measures for public security traffic management

The Ministry of Public Security has launched 8 new measures for the reform of public security traffic management to facilitate the people and benefit enterprises, which will be implemented from July 1, 2024, to further deepen the promotion and application of electronic licenses, reduce licenses to facilitate the people, optimize the organization of non-motorized vehicle traffic at urban intersections, and innovate "Internet + traffic management" services.

Specifically: pilot electronic motor vehicle driving license; Implement the "one-pass service" for motorcycle registration; Facilitate the masses to handle the car cancellation procedures online; the implementation of express door-to-door service to facilitate the masses to do things; optimisation of test subjects for re-application of driving licences; optimize the organization of non-motorized traffic at urban intersections; Implement online precise guidance services for traffic management business; Launched the "Traffic Management 12123" APP unit user version. According to preliminary estimates, after the implementation of the eight new measures, it is expected to benefit hundreds of millions of people and reduce service costs by about 3 billion yuan.

Adjustment of preferential policies for vehicle and vessel tax

From July 1, 2024, the Ministry of Industry and Information Technology, the Ministry of Finance, and the State Administration of Taxation will adjust the technical requirements for energy-saving and new energy vehicles and vessels to enjoy preferential vehicle and vessel tax. Relevant energy-saving and new energy vehicles need to meet certain conditions in order to enjoy preferential policies.

Among them, in terms of new energy vehicle products, the pure electric driving range of plug-in hybrid passenger cars (including extended range) passenger cars should meet the conditional equivalent all-electric mileage of not less than 43 kilometers; The driving range of pure electric buses (excluding fast-charging pure electric buses) shall not be less than 200 kilometers; The pure electric driving range of plug-in hybrid (including extended range) buses shall not be less than 50 kilometers; The driving range of pure electric trucks shall not be less than 80 kilometers; Plug-in hybrid trucks (including range extenders) have a pure electric driving range of not less than 50 km. For fuel cell commercial vehicles, the driving range of pure hydrogen shall not be less than 300 kilometers.

The new judicial interpretation on anti-monopoly civil litigation came into force

The Supreme People's Court recently issued an interpretation on several issues concerning the application of law in the trial of monopoly civil dispute cases, which will come into force on July 1, 2024, with a total of 51 articles, which provide for anti-monopoly civil litigation procedures, relevant market definitions, monopoly agreements, abuse of market dominance, and civil liability for monopolistic acts.

The judicial interpretation makes it clear that if the plaintiff directly files a civil lawsuit with the people's court in accordance with the Anti-Monopoly Law, or files a civil lawsuit with the people's court after the anti-monopoly law enforcement agency determines that it constitutes a monopolistic act, and the conditions for acceptance are met, the people's court shall accept it. Where the plaintiff only requests the people's court to confirm that the defendant's specific acts constitute a monopoly, but does not request the defendant to bear civil liability, the people's court will not accept it.

Forty-six new psychoactive substances, including bromophine, were included in the control list

On June 16, 2024, the Ministry of Public Security, the National Health Commission, and the State Food and Drug Administration issued the Announcement on Listing 46 Substances such as Bromine Morphine in the Supplementary Catalogue of Controlled Varieties of Non-medical Narcotic Drugs and Psychotropic Substances, deciding to add 46 new psychoactive substances such as bromine to be controlled, which will come into force on July 1, 2024, aiming to strictly prevent the abuse and spread of new psychoactive substances and crack down on related criminal activities.

This addition is the most complete and largest number of substances in recent years, covering substances such as metonizine, medetomidate, and bromamine. With the addition of the new psychoactive substances, the number of new psychoactive substances under China's control will reach 234.

The basic rules for the operation of the electricity market shall be implemented

The Basic Rules for the Operation of the Electricity Market issued by the National Development and Reform Commission (NDRC) will come into force on July 1, 2024, and relevant entities in emerging areas of the clean energy industry, such as energy storage enterprises, virtual power plants, and load aggregators, will be clearly defined as new business entities in the market, and their industrial status will be clarified.

According to the rules, the electricity market operator is responsible for organizing and implementing electricity energy trading in accordance with the electricity market operation rules, and the two parties to the electricity transaction can also negotiate the transaction on their own. In the process of trading, business entities should avoid improper behaviors such as collusion in quotations, price gouging or disrupting market order. In addition, for power generation enterprises consisting of multiple power plants, centralized quotations should be avoided in electricity energy trading.

[Regional]

Shanghai has adjusted the standard for the payment of unemployment insurance premiums

According to the Shanghai Municipal Bureau of Human Resources and Social Security, from July 1, 2024, Shanghai will adjust the payment standard of unemployment insurance premiums. The specific adjustment method is as follows: the payment standard of unemployment insurance in the first to 12th months will be increased by 80 yuan to 2,255 yuan per month; The payment standard for the 13th to 24th months is adjusted to 1,804 yuan/month; The payment standard for extension is adjusted to 1,595 yuan/month. To receive unemployment insurance money, the following conditions must be met at the same time: the employer and the person have paid unemployment insurance premiums for one year; Interruption of employment not due to the person's will; Have been registered as unemployed and have a request to seek employment.

In July, new regulations came, involving company shareholders, consumer loans, unemployment insurance, etc

Fujian adjusts the upper and lower limits of employees' medical insurance contributions

According to the website of the Fujian Provincial Medical Insurance Bureau, Fujian Province will adjust the upper and lower limits of the basic medical insurance payment base for urban employees in 2024, which will be implemented from July 1, 2024. In 2024, the upper limit of the payment base for basic medical insurance (including maternity insurance) for urban employees will be 22,164 yuan, and the lower limit will be 4,433 yuan; The monthly payment base of basic medical insurance for urban employees with flexible employment shall not be less than 4,433 yuan.

There will be a unified standard for housekeeping services in Zhejiang

The "Zhejiang Provincial Housekeeping Service Regulations" will come into force on July 1, 2024, and the Zhejiang Provincial Department of Commerce will build a unified "Zhejiang Housekeeping" comprehensive management service platform in the province, and will be responsible for the operation, maintenance and management. "Zheli Housekeeping" will give the domestic service organization and domestic service personnel the code and the domestic service personnel code after verifying the identity information through the unified data sharing channel of the public data platform for the domestic service establishments and domestic service personnel who enter information in accordance with the regulations; After comparing the health certificates, skill levels, employment experience and other information of the domestic service personnel through the data sharing channel, the domestic service personnel code is displayed and dynamically updated.

Heilongjiang has issued regulations on home and community care services for the elderly

The Heilongjiang Provincial Regulations on Home and Community Care Services for the Elderly, consisting of 7 chapters and 48 articles, will come into force on July 1, 2024. The first regulation stipulates the working principles of home and community care services for the elderly; The second is to standardize the construction of home and community pension service facilities, and make provisions in terms of the preparation of special plans for pension service facilities, the construction of urban pension service houses, the transformation of pension service facilities, and the transformation of the elderly; The third is to clarify the content and standards of home and community care services, and require that the service system, service process and charging standards should be publicized for home and community care services; Fourth, strengthen the support and guarantee measures for home and community elderly care services, and make provisions in terms of funding guarantee mechanism and work evaluation mechanism.

Xinjiang's rural roads are subject to a three-level road chief system in counties and villages

The Xinjiang Uygur Autonomous Region Rural Highway Regulations, which will come into force on July 1, 2024, include village roads in the scope of rural roads, and stipulate the planning, construction, maintenance, management and operation of village roads, as well as legal liabilities. It is clarified that the people's government of the county (city, district) is the main body responsible for the planning, construction, maintenance, management and operation of rural roads, and stipulates that the three-level road chief system of counties and villages shall be implemented for rural roads, and the road chiefs at all levels shall be responsible for the corresponding work according to their duties; It is stipulated that the construction of rural roads shall save land and protect cultivated land, and the reconstruction and expansion shall make full use of existing roads and facilities; It is clear that the operation of rural roads adheres to the principles of government-led, socialized management, adapting measures to local conditions, urban and rural co-ordination, urban and rural areas, simultaneous development of passengers and goods, and combination of transportation and mail.

Sichuan has increased rewards for young scientific and technological talents

The third revision of the "Sichuan Provincial Science and Technology Incentive Measures" will come into force on July 1, 2024. According to the approach, the provincial science and technology award is reviewed once a year, strictly control the number of awards, improve the quality of awards, optimize the award procedures, and the total number of awards does not exceed 300 each time. At the same time, we will further increase the incentives for outstanding young scientific and technological personnel, on the one hand, adjust the age, from the current "no more than 40 years old" to "no more than 45 years old"; On the other hand, the number of awards will be increased, and the number of awards will be adjusted from "no more than 5" to "no more than 10" each year.

Implementation of Hefei Regulations on the Protection and Promotion of Intellectual Property Rights

The Regulations on the Protection and Promotion of Intellectual Property Rights in Hefei, the first local regulation on the protection and promotion of intellectual property rights in Anhui Province, will be officially implemented on July 1, 2024. The Regulations establish a "full-chain protection" system for intellectual property rights, including administrative, judicial, and social protection, and promote the establishment of an intellectual property compliance commitment system. The regulations propose to implement the Yangtze River Delta regional intellectual property protection linkage working mechanism, and promote the establishment of an integrated intellectual property protection mechanism for Shanghai Zhangjiang and Hefei comprehensive national science centers; Strengthen the protection of intellectual property rights in strategic emerging industries such as next-generation information technology, high-end equipment manufacturing, biotechnology, new energy, intelligent networked new energy vehicles, and new materials, as well as future industries such as artificial intelligence, quantum information, deep space exploration, and life sciences.

Source丨Zhongxin Jingwei

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