1 Birth certificate Death certificate

If other evidence is sufficient to overturn the above recorded time, the time proved by this evidence shall prevail (hospital birth certificate)

Household registration or other valid identity registration (interference items)

Tip: Look at the birth certificate first, then the registration, unless the above are all fake

If it involves the protection of the interests of the fetus such as inheritance, acceptance of gifts, etc., the fetus has the capacity for civil rights.

Over 18 years old; over 16 years old but under 18 years old, with their own labor income as the main source of living

Those over 8 years old and under 18 years old; adults who cannot fully identify their own behavior

Representation by legal agent; consent and ratification by legal agent; pure profit; adaptability

If a 10-year-old child receives a pen as a gift, it is limited but must be kept by an agent.

Under 8 years old; people who cannot recognize their own behavior

To be represented in civil activities by his legal representative

In our country's guardianship system, it not only covers minors (no one, limited persons) but also people without civil capacity (people with mental illness)

Perform guardianship duties in accordance with the principle that is most beneficial to the ward. The guardian shall not dispose of the ward's property except to safeguard the interests of the ward.

The date when the judgment is made; if the whereabouts of the accident are unknown, the date when the accident occurs

personal

property

An independent organization with civil rights capacity and civil conduct capacity

profit-making legal person

Non-profit legal person

Seven-year-old child shopping

Such as yin and yang contract tax avoidance

Such as maintenance agreement, wife exchange agreement

However, this is excepted if the mandatory provisions do not render the civil legal act invalid.

For example, selling biscuits in a mobile phone store is against the administration, but the sale of biscuits is legal.

Like taking advantage of others' danger

The party concerned should be aware of the revocation within 1 year

The party concerned shall have one year from the date when the coercive behavior ceases.

The party involved in the serious misunderstanding shall have 90 days from the date of becoming aware of the reasons for the revocation.

Within 5 years from the occurrence of the civil legal act

Tip: 90 days a year in the short term and no longer than 5 years

People's court or arbitration institution

Perform civil legal acts in the name of the principal

The actor has no authority to act as an agent

The perpetrator has something he or she believes in: Such as contract with official seal, power of attorney, letter of introduction

The counterparty is unaware (good faith)

Such as clearing the garbage at the door

3 years

More than 20 years old, no protection

If the performance is to be performed in installments, it will start from the expiration date of the last installment.

No one or existing person has the right to claim his legal representative, Calculated from the date of termination of legal agency

Minors who are sexually assaulted Calculated from the date the victim turns 18 years old

Within the last six months of the statute of limitations, because Accident, The right holder cannot continue to exercise the right, The calculation is suspended and will be made up for six months after it is completed.

Within the time limit (I want money, you agree, follow the procedures) The obligee makes another request for performance to the obligor The obligor agrees to perform the obligation The right holder initiates litigation or arbitration

real estate

movable property

Equal compensation, joint and several compensation

Land contract rights, construction land use rights, homestead use rights and easements, and residence rights

Such as upstream and downstream

Real estate, movable property, rights (construction land use rights)

Land ownership, homestead and other land use rights School Kindergarten Medical Institution Ownership is unclear and seized according to law Others responsible for mortgage according to legal and administrative regulations

Movable property, rights (stocks, funds, bonds, etc.)

movable property

Written divorce agreement, in person at the marriage registration office

Two 30 days

Bigamous cohabitation, violent abuse, gambling and drug abuse, and two years of separation

declared missing

No divorce allowed for another year, divorce allowed

Financial asset management companies (Huarong, Great Wall, Oriental, Cinda, banks) trust investment company Finance Company financial leasing company

Reason for taking over

purpose of takeover

consequences of takeover

measures to take over

Termination of takeover

termination

There are two mother and son, and the human and financial affairs are handled by the mother.

People and hands, the branch completely obeys the orders of the head office, and the debts are repaid by the head office

Branches need to register, obtain a business license, and litigate independently

Initiate the establishment

Recruitment and establishment

Sponsor (essential)

shareholder

controlling shareholder

The actual controller

Registered capital

Binding force: The company’s shareholders, directors, supervisors and senior management do not bind employees

Modification: Approved by the shareholders’ meeting with more than 2/3 of the voting rights

Prohibition regulations otherwise provide

1️⃣All shareholders 2️⃣The matter is determined by the Articles of Association 3️⃣Change of articles of association, capital increase, company merger, division, dissolution or change Must be approved by shareholders with more than 2/3 voting rights

1️⃣Three to thirteen people 2️⃣The term of directors shall not exceed three years and may be re-elected. 3️⃣Convene and preside over the meeting. Order: chairman - deputy director - more than half of the directors elect a director (one person, one vote)

Selected by the Board of Directors and accountable to the Board of Directors

1️⃣ Large companies must have no less than 3 people, small companies can 2️⃣Shareholder representatives and employee representatives (not less than one-third) 3️⃣Served every three years, renewable 4️⃣Meet at least once a year 5️⃣The board of supervisors may propose to convene an extraordinary meeting of the board of supervisors

1️⃣Once a year 2️⃣Resolution, passed by half of the voting rights present 3️⃣Change of articles of association, capital increase, company merger, division, dissolution or change Must be approved by shareholders with more than 2/3 voting rights

1️⃣5-19 people 2️⃣Directors and deputy directors must be elected by more than half of all directors 3️⃣At least twice a year 4️⃣The resolution needs to be passed by half of the votes

Same as above 1️⃣Convene at least one meeting every 6 months 2️⃣Dong Gao may not concurrently serve as a supervisor

Qualification restrictions

Board of Supervisors: To have a board of supervisors, there must be no less than 1/3 of the total number of employee representatives.

The prosecution of shareholders, directors and supervisors is invalid

minor imperfections It will not be revoked if there is no substantial impact.

Violation of company articles of association

Convening procedures and voting methods are illegal

Ltd: The preemptive subscription right shall be exercised according to the paid-in proportion; joint stock company Shareholders have no pre-emptive rights

Premium capital increase: the part not included in the registered capital is included in the capital reserve fund

Absorption and merger A B=A

Create a new merge A B=C

debt repayment left

If there are reasons for dissolution of the company, it will organize itself within 15 days.

The composition of the liquidation team: limited company: shareholders; joint-stock company: directors and persons determined by the general meeting of shareholders

Self-liquidation cannot be carried out smoothly

Applicant: creditors, shareholders, directors, other interested parties

The composition of the liquidation team: shareholders, directors, supervisors and senior management; intermediaries; professionals from intermediaries

Reason: No flowering (meeting) in 2 years; No results in 2 years (unable to make effective resolutions); Quarrel (long-term conflict between company chairman)

Subject of litigation: shareholders with more than 10% of the voting rights

It is not allowed to apply for both dissolution and liquidation

If the bond can be paid off: 1️⃣Pay the clearing fee 2️⃣Pay employees’ wages 3️⃣Pay taxes 4️⃣Clear debts 5️⃣Shareholders distribute remaining assets proportionally

The person who lost the bill requests the payer to stop payment

It is only valid for three days, and you still need to go to the court to remove it later.

It is not a necessary procedure for public notice and litigation procedures.

Apply directly Indirect application: within 3 days of reporting loss

program

time draft

Bill of exchange due

Installment draft

principle of consideration

Recorded matters

The drawer may record “not transferable”

1️⃣Must be registered 2️⃣Continuous 3️⃣Not transferable (it will become invalid later, whoever continues to transfer will be responsible)

The payer shall accept or refuse within three days after receiving the prompt for acceptance.

1️⃣No conditions attached 2️⃣ Multiple people jointly and severally liable 3️⃣Not applicable to checks

Auction announcement, tender announcement, prospectus, price list

If it does not meet the regulations, it can be rejected.

The money will be given in two parts. You will be paid for whatever you do.

"you've changed" Deterioration of business conditions Transfer property and avoid debts loss of business credibility Possible to lose debt capacity

Notify the other party in a timely manner and the other party provides a guarantee and should resume performance. The contract can be terminated if no guarantee is provided during the termination period

Teaching contract Agreement cannot be transferred According to the law, no transfer of personal rights (alimony, right to claim for support, etc.) is allowed.

If the person who gave the deposit defaults, the deposit will not be refunded.

If the person who receives the deposit defaults, the deposit will be returned in double the amount.

If the liquidated damages are higher than the losses caused, the amount can be appropriately reduced. The same applies.

One room for rent: 1. All are legal, and possession takes precedence. 2. If none of them are legally in possession, priority will be given to those that have been registered. 3. If neither of them has been occupied or registered, the one with the contract established will take precedence.

Sublet: The lessee needs to obtain the lessor’s consent before subletting. If the lessor knows but does not indicate it within 6 months, it will be deemed to be consent.

Buying and selling without breaking the lease: During the lease period, the lessor sells the house to another party, The original lease contract and sales contract are both valid (just a new owner)

Right of first refusal: Close relatives of the lessor>lessee>others

If the agreement is not clear, follow the general guarantee

General guarantee: 1. Bear supplementary responsibilities 2. The right to sue first (you can sue, and the debtor's property can refuse to assume the guarantee liability until the executor cannot perform according to law) 3. Can be exempted 1️⃣ Six months from the expiration date 2️⃣ Both parties to the combination contract colluded 3️⃣ The creditor committed fraud and coerced the guarantor

Generally, property comes first, but property rights do not always take precedence over creditor's rights.