What Does a Commercial Lawyer Do?

The term business lawyer comes from the English business lawyer and refers to a lawyer specializing in corporate and business legal services. Commercial law is regarded as a branch of civil law. With the development of the market economy, economic affairs have become increasingly complicated and the division of society has become more and more detailed. The original all-encompassing civil law has been unable to meet the needs of economic and social development. Lawyers are more difficult to handle increasingly specialized legal affairs. More and more independent commercial laws have been formulated, and corresponding business lawyers specializing in commercial legal affairs have emerged as the times require.

Business lawyer

The word business lawyer comes from the English business lawyer, which means professionally engaged in business and commerce

Commercial law generally includes

1. Investment decision.

1.1. Legally analyze and demonstrate the legal feasibility of investment projects, and propose legal basis for project establishment.

1.2. Provide relevant national and local secondary government policies and regulations, produce legal texts or electronic floppy disks for investors.

1.3. Choice of business format.

1.4. Design of business entity forms, such as: designing franchise systems and providing franchise texts based on actual conditions.

1.5. Equity setting and rights distribution.

1.6. Risk control.

1.7. Pack the project, provide market survey report, investment project proposal, business plan, investment plan.

1.8. Issue legal opinion on project investment, legal analysis of investment risk and evasion.

2. Project docking and financing.

2.1. Make a comprehensive legal analysis of the project, including but not limited to: providing legal analysis of project feasibility and transaction feasibility, assisting project owners in making directional choices, preferences analysis for partners and investor groups, and formulating specific legal services Work process to prepare for the work.

2.2. Assist the project owner to set up and compile investor reading documents, and conduct legal review on the authenticity and content integrity of the due diligence information prepared by the project owner. Effective reminders of legal risks.

2.3. Draft, modify, improve and finalize the bidding documents that this project needs to provide to investors, including confidential information memoranda, sales agreements, and bidding guidelines.

2.4. Carry out a lawyer's testimony or represent a party to participate in business negotiations in a neutral position, modify the commercial terms of the project, and complete the investment intention agreement or project cooperation contract.

2.5. Through commercial credit, issue a commercial credit report or corporate credit investigation report, review the qualifications of project owners and investors, review company business licenses, articles of association, shareholders' meetings or board resolutions, and draft investment intents and confidentiality agreements.

2.6. Assist in obtaining bank loans.

2.7. Assist in securing short-term debt financing and provide a written statement to avoid legal risks.

2.8. Witness a loan or other financing guarantee, provide a lawyer's certificate and legal opinion.

2.9. During the negotiation period, participate in the investor's inspection of the proposed investment project, investigation of land, urban planning and other matters.

3. Project launch.

3.1. Assist in setting up a project investment company or other company form.

3.2. Provide legal services for the company, draft sponsor agreements, equity setting plans, articles of association, and board decisions.

3.3. Provide a legal person governance framework and a model business management system.

3.4. Provide human resources, compensation system, and organization setup plan.

3.5. Provide the text of the contract required for the operation.

3.6. Issue legal opinion on project initiation.

3.7. Establish a lawyer service tracking document library.

4. Project construction.

4.1. For projects requiring investment in fixed assets.

4.1.1. Planning permission.

4.1.2. Land acquisition.

4.1.3. Bidding.

4.1.4. Demolition.

4.1.5. Supervision.

4.1.6. Project progress control.

4.1.7. Notice of quality objection and rectification.

4.1.8. Notice of project payment and deferred payment.

4.1.9. Acceptance memo.

4.1.10. Mediation of disputes.

4.1.11. Assist final accounts.

4.1.12. Attorney witness.

4.1.13. Selection and connection of service agencies in the post-project period.

4.2. House lease.

4.3. Issue a legal opinion.

5. Project marketing.

5.1. Provide legal advice. Assist in determining marketing strategy.

5.2. Participate in selecting advertising agencies, participate in negotiations, and provide contract texts.

5.3. Provide lawyer witness.

5.4. Mediation of disputes.

6. Project fund management.

6.1. Investment and use of project funds.

6.2. For the supervision of project income, a lawyer's certificate is issued.

7. Project reorganization.

7.1. Determine the transaction plan and develop the legal framework for the transaction.

7.2. Lawyer due diligence.

7.3. Provide reorganization plan and determine security reorganization measures.

7.4. Provide opinions and suggestions that balance the lowest legal cost with the highest economic benefits to legalize the behavior of the operator.

7.5. Assist in handling strategic legal affairs, such as market development, long-term investment, and joint ventures.

7.6. Assist in handling preventive legal affairs, such as: anti-unfair competition supervision, environmental protection supervision, contract signing and performance supervision, litigation process supervision, supervision of the implementation of company rules and regulations, intellectual property management supervision, labor and personnel supervision, investment risk supervision and Authorized commission system supervision.

7.7. Assist in the treatment of therapeutic legal matters, such as dispute negotiation, mediation, arbitration, litigation.

7.8. Assist in the handling of non-legal matters, such as setting board schedules, meeting minutes, and coordination of legal relationships with affiliates.

8. Project intellectual property protection.

8.1. Assist in the establishment of an internal intellectual property system.

8.2. Assist in the establishment of an invention reward system.

8.3. Assist in establishing a cross-protection system for intellectual property rights.

8.4. Assist in the establishment of trade secrets and technical confidentiality systems.

8.5. Assist in the establishment of a specialized management agency responsible for the acquisition, use and maintenance of intellectual property rights.

8.6. Assist in the training of intellectual property managers.

8.7. Promote the rational use of patent documents and patent systems by enterprises.

9. Aftermath of the project.

9.1. Evaluate the completion of the project and provide a project operation evaluation report.

9.2. Provide a summary report of lawyer follow-up services.

9.3. Other opinions and suggestions.

Business lawyer services

Provide clients with professional scheme design, legal advice and services in the areas of company establishment, change, merger, division, acquisition, merger, equity change (transfer), liquidation, bankruptcy, etc

Assist domestic and foreign customers to set up Chinese-foreign joint ventures, Chinese-foreign cooperation, wholly foreign-owned enterprises, domestic joint ventures and other types of companies and enterprises in China

Provide full legal support for company listing;

Draft various legal documents for clients, including contracts, articles of association and other relevant legal documents;

Participate in relevant negotiations and issue relevant legal opinions as required;

Provide legal advice and services for client decision-making and daily business management.