Anhui Zhongtianheng Law Firm "Administrative Measures for Investment Partners and Non-investment Partners"

All lawyers of our head office and branches:

 

In order to ensure our firm's overall structure and high-level development, and to improve the firm's internal management rules and regulations, according to the requirements of standardized management and scientific management, and in accordance with the Ministry of Justice's "Administrative Measures for Law Firms" and the firm's regulations, the “Management Measures for Funded Partners and Non-funded Partners”, will be implemented from April 4th.

 

During the implementation of these measures, if there is a need for revision and improvement, please report back to the administrative agency of the law firm in a timely manner and submit it to the partner meeting for research.

 

Hereby notified.

 

 

Attachment: Anhui Zhongtianheng Law Firm "Administrative Measures for Investment Partners and Non-investment Partners".

 

 

                                                     Anhui Zhongtianheng Law Firm

April 4, 2020

 

 

 

 

Copy: Anhui Provincial Department of Justice, Anhui Provincial Lawyers Association

 

 

Anhui Zhongtianheng Law Firm

"Administrative Measures for Investment Partners and Non-investment Partners"

 

According to the “Law of the People ’s Republic of China”, the “Administrative Measures on Law Firms” of the Ministry of Justice, the “Administrative Measures on Lawyer Practices” and the “Anhui Zhongtianheng Law Firm (Hereinafter referred to as "the law firm") Regulation (2019 Revision) "(hereinafter referred to as the" Regulation "), the law firm is now formulating the" Administrative Measures for Investment Partners and Non-investment Partners "(hereinafter referred to as the" Measures ") .

 

Article 1 Funding partners and non-funding partners implement unified management and hierarchical management

1. Contributing partners and non-contributing partners

1.1 According to the provisions of the “Administrative Measures for Law Firms” of the Ministry of Justice, the partners registered and filed with the judicial administrative organ are the investment partners.

1.2 According to the Regulation and the Measures, partners who are not registered and filed with the judicial administrative organ, but who are registered and filed with the law firm are non-funded partners.

 

1.2 Unified management and hierarchical management

 

1.2.1 Both contributing partners and non-investment partners are included in the unified management scope of the law firm. The law firm divides the terms of a contributing partner and a non-investment partner into two grades: senior partner and partner. The investment partners are of course senior partners.

1.2.2. The senior partners and partners of the non-funded partners must modally abide by the laws and regulations and the rules and regulations of the law firm and meet the corresponding income-generating standards and operational management fee requirements stipulated by the law firm

 

1.3 Standards for absorbing non-funded partners' business revenue and operating management fee

 

1.3.1. The registered lawyers before the new office building was officially acquired by the firm, and the annual revenue generated by the business has reached RMB 1 million for two consecutive years and can comply with the internal management regulations of the law Firm on December 18, 2012 Those who have paid full operation and management fees may be absorbed as senior partners of the law firm. If the annual revenue generated by the business has reached RMB 500,000 for two consecutive years and can pay the full operating management fee in accordance with the internal management regulations of the law firm on December 18, 2012, it can be absorbed as a partner of the law firm.

 

1.3.2. Lawyers who transferred to the firm after the firm has officially purchased a new office building or transferred from a trainee lawyer to a full-time lawyer after being trained by the firm, the annual business income generated by the firm will be RMB 1.5 million for two consecutive years and can be used in accordance with Article 19. If it is required to pay full operation and management fees, it can be absorbed as the senior partner of the firm; if the annual revenue generation amount reaches RMB 1 million for two consecutive years and can pay full operation and management fees in accordance with the provisions of Article 19 of these Measures, it can be absorbed as Partner of the firm.

 

1.3.3. Those who transferred to the firm after officially purchasing a new office building or changing from a trainee lawyer to a full-time lawyer after being trained by the firm, and served as a non-funded partner for more than four years at the firm, when approved by the funded partner meeting, the operation and management fee standards refer to the “Regulations on Internal Management of the law Firm” implemented on December 18, 2014. However, the law firm's annual assessment of the income-generating standards of non-invested partners shall still be carried out in accordance with the income-generating standards specified in Article 19 of the Measures.

 

Article 2 Conditions for joining the investment partner

2.1. The lawyers of the firm who joined the investment partner shall also meet the following requirements:

Basic conditions

(1) Bachelor degree or above, good health, and the initial age as a non-executive funded partner is generally not more than 45 years old;

(2) Three consecutive years of full-time practicing at the Institute and can work normally;

(3) The amount of business revenue generated for two consecutive years has reached or exceeded the collection standard and can pay operating fees in accordance with the provisions of this law firm;

(4) Has a high ideological and moral quality, no violation of laws and discipline records;

(5) The annual assessment results since practicing have been competent.

Special conditions

(1) Absolute loyalty to the firm, responsible for it;

(2) Has a large pattern awareness, scientific development concept and innovative thinking, with high comprehensive quality;

(3) Strong ability to generate income and outstanding performance.

 

2.2 Procedures for newly joining the investment partner

Anyone who intends to join the investment partner shall apply in writing and cash the amount of the investment in accordance with the proportion agreed by the parties of the investment partner, and share the actual operating expenses and debts of the law firm before the base date of this application. It is recommended by a person and approved by the investment partner meeting, and the partner agreement must be signed with the other investment partners before it can formally become a capital partner of the law firm.   

 

Article 3 Withdrawal of partner

The contributing partners may voluntarily withdraw from the partnership, and with the approval of the meeting of the contributing partners, the "Partnership Agreement" signed with other contributing partners shall be released.

 

Article 4 With the consent of the investment partner meeting, the investment partner may transfer all its rights in the firm (including its property in the firm and other accompanying rights) to the full-time lawyers of the firm. Become a new capital partner, and the "Partnership Agreement" signed with other capital partners enjoys the rights and obligations corresponding to the original capital partner; after the transferor transfers all rights, the status of the capital partner is terminated. The "Partnership Agreement" signed between it and other investment partners are automatically terminated.

 

Article 5 If one of the following situations occurs, the investment partner shall withdraw from the partnership. With the approval of the investment partner meeting, the "Partnership Agreement" signed with other investment partners is released:

(1) Failure to normally perform the duties of a capital partner;

(2) The identity of a full-time lawyer is lost;

(3) Whose annual assessment is a case of incompetence or two years of consecutive annual assessments of basic competence or where the investment partner meeting has determined that who has not participated in the annual assessment without justification;

(4) Being declared as a person without civil capacity or with limited civil capacity according to law;

(5) Who died or was declared dead;

(6) Other situations that should withdraw from the partnership.

 

Article 6 After an investment partner withdraws from the partnership, it may be converted into a full-time lawyer of the firm based on his written application and with the consent of the capital partner meeting. If the transfer is required, it shall be handled in accordance with the provisions of the law firm.

 

Article 7 The investment partner who has lost his full-time lawyer status or has his lawyer's practice certificate revoked has the right to obtain the assets he invested in.

 

Article 8 If the investment partner is declared as a person with no or limited civil capacity according to law, its guardian has the right to exercise guardianship over his property in the Law firm and may obtain his Assets formed by the firm's investment.

 

Article 9 If the investment partner dies or is declared dead, his legal heir shall have the right to obtain the property he has invested in the law firm after he has gone through the withdrawal procedures on his behalf.

 

Article 10 The investment partner shall be delisted in any of the following circumstances:

(1) Those who have received administrative punishment or criminal punishment, or who violated the lawyer's practice discipline, have received administrative punishment above suspension of practice and publicly condemned the punishment of the above industry;

(2) Violating the "Articles of Association" and the rules and regulations of the law firm, causing damage or adverse effects to the law firm;

(3) Refusing to perform the duties of a capital partner, or failing to comply with the "Partnership Agreement" signed between the capital partners, and refusing to bear the investment, public operating expenses and debts of the law firm;

(4) Intentionally divulging the firm's business and other related secrets, causing damage or bad influence to the firm;

(5) Cause greater economic losses to the law firm and the parties due to faults;

(6) Those who are privately employed as full-time lawyers who are not suitable for part-time jobs without listening to dissuasion;

(7) Intentionally damage or defame the reputation of the firm and its lawyers, or damage the lawful rights and interests of the firm and its lawyers, the circumstances are serious;

(8) Other circumstances that should be delisted.

 

Article 11 The de-listing of the deputy partners shall be determined by the deliberation of the deputy partners meeting, and shall take effect when the notice of de-listing is served or announced.

 

Article 12 After the investment partner is delisted, the "Partnership Agreement" signed between the delisted capital partner and other capital partners and the contract signed between the firm and other investment partners based on the status of the investment partner, agreements, memos, etc. are automatically annulled.

 

Article 13 If the investment partner is delisted, the lawyer shall not continue to practice in the law firm. The law firm may, according to the specific circumstances, report to the judicial administrative agency or the lawyers association to recommend the administrative punishment or abolition of industry sanctions.

 

Article 14 After the investment partner is delisted, he or she shall carry out financial settlement and business handover in accordance with the provisions of this Law firm; if there is any outstanding business or internal administrative affairs, the settlement shall be settled after the settlement. Those who have not carried out financial settlement, business hand-over or all outstanding administrative affairs in this book shall not go through the transfer procedures.

 

After the investment partner is delisted and transferred to the Law firm, its office conditions, business income-generating commission ratio, etc., shall be handled in accordance with the regulations of the firm’s full-time lawyers.

 

Article 15 If a contributing partner retires or is removed from the partnership, his or her assets, claims and debts in the Law firm shall be dealt with in accordance with the resolution of the meeting of the investment partner. If a retired or delisted investment partner disagrees with the resolution of the investment partner meeting regarding its commitment to property rights and debts, he or she may apply to the competent judicial administrative agency or the bar association for mediation and resolution, or he may file a lawsuit with a competent court.

 

Article 16 If the investment partner withdraws from the partnership or is delisted, he or she shall compensate for the economic loss caused by the fault according to law. If he or she constitutes a crime, it shall be transferred to the judicial organ to pursue its criminal responsibility according to law.

 

Article 17 If the number of capital partners is lower than the quorum due to the withdrawal or delisting of the capital partners, the capital partners may be increased to meet the quorum within six months from the date of the fact.

 

Article 18 If a non-investment partner meets the requirements of the Regulation, "Partnership Agreement" and these Measures as a capital partner, he or she may change to a investment partner. The procedures for change shall be handled in accordance with the relevant regulations of the law firm.

 

Article 19 Conditions and procedures for joining non-investment partners

Lawyers who join non-investment partners shall meet the following requirements:

(1) Bachelor degree or above, good health, and the initial age as a non-funded partner is generally not more than 45 years old;

(2) Having been practicing full-time for three consecutive years in this institute, he can work normally;+

(3) Ability to meet business income generation standards in strict accordance with the provisions of the law firm and timely pay operation and management fees. Divided into the following two situations:

1. The registered lawyers before the formal purchase of an office building by the firm have achieved or exceeded the income-generating standards stipulated by the firm for two consecutive years (the senior partners ’annual revenue for two consecutive years is not less than RMB 1 million, The partner ’s annual revenue for the two consecutive years shall be not less than RMB 500,000), and he shall be able to submit to the Bank in accordance with the standard of operating management fees paid in the “Administrative Regulations of Zhongtianheng Law Firm” on December 18, 2012.

2. After the formal purchase of an office building by the firm, it is transferred to the firm or a full-time lawyer trained by the firm to be a trainee lawyer, and the annual revenue of the business has reached or exceeded the income-generating standards stipulated by the firm for two consecutive years. The two-year annual income generation is not less than RMB 1.5 million, and the partner's annual income generation is not less than RMB 1 million for two consecutive years), and can be based on 20% of all its business income (all after-tax net ) Timely submit the operation and management fee to the law firm;

(4) Has high ideological and moral qualities and no violation of laws and discipline records;

(5) The results of the annual assessment since practicing have been competent.

In one of the following circumstances, with the consent of the investment partner meeting, the restrictions on the practice period and age of the firm’s lawyers when they initially joined the non-investment partner may be appropriately relaxed:

1. Talents urgently needed for the business development of the firm;

2. Excellent comprehensive quality;

3. Outstanding performance.

 

Lawyers of the firm who intend to join the non-funded partner should apply by themselves and can only be formally absorbed as a non-funded partner after the research and approval of the funded partner meeting.

 

Article 20 Meeting of non-funded partners

In order to strengthen the democratic management of the firm and give full play to the important role of the firm’s key lawyers, the firm established a non-funded partner meeting system.

The non-investment partner meeting is the main way for non-investment partner to assist and participate in the management of the firm. It is based on the proposal of the investment partner meeting or the controlling partner and is convened and presided by the investment partner. All non-investment partners participate in the research and voting Meetings on matters related to the firm. Under special circumstances, the meeting of the investment partner or the controlling partner may authorize the non-investment partner to preside over the meeting.

 

To convene a meeting of non-investment partners, all investment partners shall participate.

The non-investment partners meeting to vote and pass relevant matters shall be approved by more than two-thirds of the non-investment partners participating in the meeting.

 

Article 21 Rights and obligations of non-investment partners

1. The rights of non-invested partners

(1) Participate in meetings of non-funded partners;

(2) To express opinions on relevant matters submitted by the meeting of the investment partners;

(3) To supervise the implementation of the resolutions of the meeting of non-funded partners;

(4) With regard to the daily management, major decision-making, strategic development, etc. of the firm, it has the right to make recommendations to the meeting of funded partners;

(5) Have priority in the personal development opportunities provided by the Law firm.

 

2. Obligations of non-funded partners

(1) Loyalty to the firm and abide by the development philosophy of the firm;

(2) Abide by the lawyer's professional ethics and practice discipline, and have no violations of law and discipline;

(3) Abide by the rules and regulations of the law firm. Conscientiously implement the resolutions of the investment partner meeting and the non-investment partner meeting, and actively participate in the activities of the law firm;

(4) To complete the tasks assigned by the directors, holding partners, investment partner meetings and non-investment partner meetings;

(5) Complete the annual business income-generating tasks determined by the Law firm, and pay the operation and management fee in accordance with the ratio specified by the Law firm;

(6) Private part-time jobs are not suitable for full-time lawyers.

(7) Strictly abide by our business and other related secrets;

(8) The results of the annual assessment are all competent;

(9) One of the following matters shall be reported to the investment partner meeting and the controlling partner or the director of the institute in a timely manner, and shall not do anything without approval:

1. The departure time is more than one month;

2. Social part-time jobs that can be held as a full-time lawyer;

3. Go abroad;

4. Litigation and arbitration matters related to the non-funded partner himself;

5. Hidden dangers that may cause damage to the firm and its lawyers;

6. Other matters that should be reported.

(10) Other obligations that should be performed.

 

Article 22 Withdrawal and delisting of non-investment partners

Non-funded partners may apply for withdrawal in writing, but they must be approved by the funded partner meeting.

In one of the following situations, the non-investment partner shall withdraw:

(1) Losing the status of a full-time lawyer;

(2) The annual assessment is incompetent or the two-year consecutive assessment is basically competent;

(3) Failure to meet the income-generating standards stipulated by the law firm for two consecutive years and fails to pay the full operation and management fees:

1. Those who has been absorbed as a non-funded partner before the new office building is officially purchased, the revenue generated by the business for two consecutive years has not reached the revenue generation standards stipulated by the Law firm(the annual revenue generated by senior partners for two consecutive years is not low At RMB 1 million, the partners ’annual revenue for two consecutive years is not less than RMB 500,000), and fail to make full payment in accordance with the internal management regulations of Zhongtianheng Law Firm on December 18, 2012 Operation management fees;

2. After the purchase of the new office and absorbed as a non-funded partner, whose revenue generated by the business for two consecutive years has not reached the revenue-generating standard stipulated by the law firm not less than RMB 1.5 million, and whose annual revenue for two consecutive years is not less than RMB 1 million), and fails to pay the full operation and management fee in accordance with the provisions of Article 19 of these Measures;

3. Although they do not meet the income generation standards and operating management fee requirements of senior partners, but meet the income generation standards and operating management fee requirements of partners, they can be converted from senior partners to partners in accordance with the provisions of these Measures.

(4) Applying for transfer to a place;

(5) Failure to normally perform the duties of a non-funded partner;

(6) Being declared as a person without civil capacity or with limited civil capacity by the court;

(7) Who died or was declared dead by the court;

(8) Other circumstances that should withdraw from the partnership.

The withdrawal of the non-investment partner in the above circumstances shall be subject to the approval of the meeting of the investment partner and the registration of the non-investment partner in the law firm shall be cancelled.

 

Article 23 A non-investment partners shall be delisted in any of the following situations:

(1) Illegal crimes are subject to administrative punishment and criminal punishment by judicial organs, or violations of lawyers ’disciplines and disciplines, and administrative punishment for suspending practice or above, and public condemnation of the punishment in the above industries, or violation of the Articles of Association and the rules and regulations of the Law firm, causing serious consequences;

(2) Failure to perform the duties of a non-funded partner;

(3) Intentionally divulging the firm’s business and other related secrets and causing losses to the firm;

(4) Has caused greater economic losses to the parties due to the fault and greater social impact because of personal reasons;

(5) Those who do not abide by the rules and regulations of the law firm and have bad conduct;

(6) Refusing to pay operating expenses in accordance with the provisions of this Law firm;

(7) Privately employed as a part-time social worker that is not suitable for a full-time lawyer;

(8) If there are matters specified in Article 21, Paragraph 2, Item 9 of these Measures, they fail to report to the investment partner meeting and the controlling partner or the director of the firm in time, or act on their own without approval;

(9) Intentionally damage or defame the reputation of the firm and its lawyers, and damage the interests of the firm and its lawyers, the circumstances are serious;

(10) Other circumstances that should be delisted.

 

Article 24 The delisting of non-investment partners shall be decided by the meeting of the investment partners, and the delisted non-investment partners shall be notified in writing (including announcement). The decision to delist the non-investment partner shall be effective upon delivery, notice or announcement.

 

Article 25 A non-investment partner may turn into a full-time lawyer of the firm after he withdraws. Those who have been delisted shall not continue to practice in the firm. The firm shall report to the judicial administrative agency or the lawyers association for administrative punishment or Industry sanctions.

 

Article 26 If a non-investment partner transfers or is delisted after exiting, it shall perform financial settlement with the law firm in accordance with the regulations; if there is any settlement of the affairs of the Law firm, the settlement shall be made after the settlement. If the financial settlement has not been carried out or the affairs of the Law firm have not been settled, the procedures such as transfer to the Law firm shall not be processed.

If a non-investment partner withdraws or is removed, it shall compensate for the economic losses caused by the fault according to law.

 

Article 27 A non-investment partner is declared as a person with no capacity for civil conduct according to law or is restricted by a civil agent. After representing the agent and completing the exit procedures, the agent shall obtain the benefits he deserves in the Law firm.

 

Article 28 If a non-funded partner withdraws due to death or is declared dead, the guardian of his legal heir, the right of guardianship, has the right to supervise his due interests in the Law firm, and may go through the withdrawal procedures on his behalf After that, they have the right to obtain their due interests in the Law firm.

 

Article 29 Non-investment partners shall supervise the internal management behavior of the law firm through the meeting of non-funded partners.

 

Article 30 Disputes between the non-investment partner and the law firm or the investment partner due to management or property rights and interests shall be resolved through consultation of the investment partner meeting. If the negotiation fails, it shall be implemented according to the resolution of the investment partner meeting.

 

Article 31 If a non-investment partner illegally infringes on the property rights of the law firm and other personnel of the law firm, the owner shall order the partner to stop the infringement and refund the compensation. If it constitutes a crime, it shall be transferred to the judicial organ to pursue its criminal responsibility according to law.

 

Article 32 Measures above shall come into effect after being examined and approved by the meeting of the capital partners of the Law firm, and shall be implemented as of April 4, 2020.

 

Article 33 The power of interpretation of these measures shall be vested in the meeting of the capital-funded partners.

 

Anhui Zhongtianheng Law Firm

April 4, 2020