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2025年3月,为贯彻落实新《公司法》和资本市场“1+N”政策体系相关要求,中国证监会对《上市公司信息披露管理办法》作出修订(以下简称新《信披办法》),并将于2025年7月1日起实施。此次修订涵盖多个关键领域,对上市公司信息披露规则进行了重塑。新《信披办法》对于上市公司而言,究竟是限制其行为的“紧箍咒”,还是助力其发展的“助推器”?
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股东知情权,作为一项由法律赋予公司股东的重要权利,旨在保障股东获取公司相关信息,是其作为公司股东参与公司治理、维护自身权益的基本权利之一。新《公司法》对股东知情权进行了详细的规定,2025年3月28日中国证监会最新修订的《上市公司章程指引》(以下称《章程指引》)也遵循新《公司法》的要求,在条文中直接表述为“股东要求查阅、复制公司有关材料的,应当遵守《公司法》《证券法》等法律、行政法规的规定”。
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于2024年7月1日正式实施的《公司法》全面强化了董事的忠实、勤勉义务及董事的责任,新修订的《上市公司章程指引》(以下简称“新《指引》”)则在《公司法》的基础上,结合上市公司的特点及监管实践,对上市公司董事的勤勉、忠实义务及责任类型进行了拓展与细化。
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2023年12月29日,第十四届全国人民代表大会常务委员会第七次会议审议通过了《公司法》,自2024年7月1日起施行。为贯彻落实新《公司法》,进一步提升上市公司规范运作水平,中国证监会在广泛调研、深入研究的基础上,结合上市公司监管实践,于2025年3月28日公布了修订后的《上市公司章程指引》(以下简称“《章程指引》”),自公布之日起施行。本次《章程指引》的修订,在新《公司法》的基础上,对上市公司董事制度进行重构,本文主要对《章程指引》中涉及的上市公司“各类董事”进行简析。
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Corporate and M&A
Hengtai provides various legal services necessary for the incorporation, operation, M&A, and liquidation, of a company/partnership.
Securities and Capital Market
Hengtai is one of the first firms qualified for securities business with the approvals from the Department of Justice and the China Securities Regulatory Commission.
Construction and Real Estate
Construction and real estate is an important practice area of Hengtai. Some senior members of our team have more than 20 years of related experience.
Intellectual Property
Hengtai's intellectual property team can provide full-range legal services to our clients.
Private Equity and Investment Funds
Hengtai is a leading player in the private equity and investment funds sector.
Medicare and Life Sciences
We are active in the healthcare and life science sectors and are committed to providing our clients with professional, timely, prudent and practical legal services in a constantly changing and rapidly expanding market.
Corporate and M&A
Securities and Capital Market
Construction and Real Estate
Intellectual Property
Private Equity and Investment Funds
Medicare and Life Sciences
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Founded in 1998, Hengtai Law Offices is headquartered in Shanghai and has a branch office in Suzhou. Hengtai has nearly 100 practicing lawyers and paralegals. With over 20 years of accumulation, Hengtai has developed into a boutique law firm with commercial legal services serving as our main business and covering most areas of the law.
Industry experience
With over 20 years of accumulation, Hengtai Law Offices has provided legal services to numerous private, state-owned and foreign enterprises, individuals as well as government authorities. “Make the most prestigious law firm with exceptional service and reliability” is the objective and commitment of Hengtai Law Offices.
Professional lawyer
We have over ten lawyers serving as directors, committee members or arbitrators at legal professional institutions such as the All China Lawyers Association, Shanghai Bar Association and its working committees, Shanghai Law Society, China International Economic and Trade Arbitration Commission, and the arbitration commissions in Shanghai, Hangzhou, Shenyang, Shijiazhuang and Ningbo.
Practice Areas
Corporate and M&A、Securities and Capital Market、Construction and Real Estate、Intellectual Property、Private Equity and Investment Funds、Medicare and Life Sciences、Dispute Resolution、Wealth Management and Inheritance、Family Law、Labor and Employment、Foreign-related Business、Criminal Defense and Criminal Compliance.