Enterprises are required to fulfill their social responsibilities through operations and management based on the rule of law and related regulations. This not only holds significant historical importance for the comprehensive governance of the country by rule of law, but also serves as a crucial mechanism for enhancing the management standards of enterprises. By conducting operations and management in accordance with legal frameworks, enterprises can elevate their management standards and form a law-based business model. Law-based management not only facilitates the evolution of profit growth models but also enhances the market competitiveness of enterprises.
Dacheng’s compliance teams consist of professionals from diverse countries, regions, and practices. Through the seamless integration of professional resources and collaborative efforts, our teams offer one-stop, high-level, innovative and valuable legal services to large enterprises. Our professionals boast top domestic and overseas law school backgrounds and hold qualifications to practice in multiple jurisdictions, proficient in various languages. They have rich experience in collaborating with government organs, judicial departments and central enterprises.
Dacheng is dedicated to advancing research and development in the automation and digitization of enterprise legal affairs. Leveraging cutting-edge digital technology, Dacheng’s compliance products are designed to efficiently oversee and regulate the organizational structures, institutional frameworks, operational processes, and cultural aspects integral to corporate compliance management. While reducing costs and improving efficiency, digital and intelligent management tools can gather scattered data and introduce digital technologies such as big data and artificial intelligence to monitor, identify, and analyze compliance risks intelligently. In addition, the tools can also provide real-time, visualized and quantitative evaluations of the effects of compliance implementation, helping enterprises effectively prevent and monitor compliance risks to respond quickly after incidents, and promoting the digital transformation of compliance for enterprises.
Compliance legal services include:
The development of a compliance management system, namely establishing an organized and planned management system tailored to the actual situation of enterprises, with the aim of effectively preventing and controlling compliance risks, focusing on business management behaviors of both the enterprise and its employees. The activities involved include system formulation, risk identification, compliance review, risk response, accountability, performance evaluation and compliance training.
Providing special compliance services in key areas, namely assisting enterprises in establishing and improving special compliance management systems focusing on key areas based on their production and business needs.
Providing compliance evaluation service, which means lawyers provide assessments of the enterprise's compliance situation.
Conducting investigations into the enterprise's compliance situation.
Providing trainings to enterprises and relevant personnel on compliance knowledge and skills.
Assisting in responding to enforcement investigations, namely helping enterprises correctly deal with administrative investigations by government departments and criminal investigations by criminal law enforcement organs in accordance with laws, excluding other non-enforcement investigations.
Other legal services related to enterprise compliance management.
The types of compliance legal services mainly include perennial compliance legal services and special compliance legal services.
(1)Perennial compliance legal services refer to the establishment of compliance management systems and compliance support systems in the forms of:
Contract review, including drafting, review and modification, making contract templates and refine contract management processes.
Human resources matters, including legal consultation on employee recruitment and dissolution, review of labor policies and employee handbooks, and consultation on labor disputes and arbitration.
Rules and regulations related matters, including review of rules and regulations, consultation on corporate compliance management, and design and consultation on corporate governance plans.
IP matters, including search on trademark, patent, and copyright registration, review and consultation on brand protection plans, and consultation on IP infringement.
Financing matters, including preliminary legal consultation on corporate equity financing, debt financing and financing cooperation etc.
Litigation and arbitration, including preliminary consultation on litigation or arbitration involving enterprises.
Crisis legal public relations, including early legal consultation in case of crisis or other emergency.
Common legal training, including providing general training of new laws for the management and employees to enhance legal awareness.
Standardization of legal work, including providing consultation and assistance in standardizing and modularizing the basic and routine legal operations of enterprises.
Making annual legal risk assessment report, summarizing litigation, disputes and industry risks and issuing the annual risk assessment report.
Compliance consultation, including consultation on diagnosing and analyzing compliance management system, risk control measures, and the establishment of compliance organizational structure of enterprises.
Compliance diagnosis report, diagnose compliance problems of business lines and product lines of the enterprise, and issue medical examination reports.
Argument on difficult and important cases, namely providing third-party legal argument for difficult and important cases when necessary.
Legal management organization structure, that is, setting up legal department and legal management process suitable for business and business model for enterprises.
Legal personnel training, namely providing professional training, exchange activities, for the legal and compliance management personnel of enterprises.
Other forms of legal services.
(2)General forms of special compliance legal services include:
Special compliance legal services for banking, insurance and other financial sectors.
Special compliance legal services for daily business operations, major transactions, mergers and acquisitions, financing, restructuring and other tax-related matters.
Special compliance legal services for corporate equity acquisition, asset acquisition, merger and division.
Special compliance legal services for enterprises or corporate executives suspected of criminal crimes, and rectification legal services for enterprises involved.
Compliance services for state-owned enterprise property rights and equity transactions, including special compliance legal services for state-owned enterprise asset transfer, equity transfer, capital increase and capital reduction.
Special compliance legal services for securities issuance and trading.
Corporate bond issuance compliance legal services.
Special compliance legal services for export control and economic sanctions.
Anti-monopoly, anti-unfair competition special compliance legal services.
Special compliance legal services for network information security and data protection.
Safety and environmental protection compliance legal services.
Other special compliance legal services.
Dacheng is noted for its expertise on data protection law, IT compliance matters and export controls as they apply to the tech sector. The team benefits from the firm's global network as well as a wide network of offices across China. Its TMT sector service is bolstered by the firm's strong capabilities in capital markets and other financing matters. The firm is a frequent choice of legal counsel for both Chinese and American multinationals in the internet technology, telecommunications and semiconductor sectors.
——2023 Chambers greater China region guide
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