| Home > Service and Charge |
| Ways of Operation |
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| We offer the following practice according to Article 25 of PRC Attorney Law |
1. Legal consultant for corporations and individuals
2. Agent service for foreign or domestic investment projects
3. Legal Service on issuing and listing of securities
4. Services for large-scale infrastructure bids & tenders
5. Litigation service in civil, criminal and administrative proceedings
6. Agent service in international and domestic arbitration
7. Fulfilling civil or administrative procedures for clients
8. Certifying various legal activities
9. Consulting service on corporation tax and accounting Investigations and other legal services.
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| Distinctive Features |
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We adopt international advanced corporation system of management and operation, considering the law firm as the legal person to business contact and liable for its legal effects. It allocates the legal tasks systematically and efficiently by support of OA, intranet and Internet. Lawyers and their assistants specialized in certain practice areas, will be selected to deal with the engagement in the light of its nature.
We have good relations with government departments, such as the Foreign Investment Commission, Industrial and Commercial Bureau, Real Estate Administration, Technology Export & Import Administration, Foreign Exchange Administration, Customs, Tax Bureau. The relations enable us to provide various non-litigation legal services including corporation project establishment, share transfer, credit investigation, foreign debt registration for overseas commercial loans, technology export & import contract reports, and real estate purchases/leases/mortgages.
WINJUS Lawyers have abundant practicing experience and skills in many fields of business law including:
Corporation (establishment of articles of association and contracts, dealing with various legal affairs concerning about corporation and business activities such as regular documents, various contracts, regulations, business transaction arrangement and other issues)
Labor contracts, labor bylaws, social security policy, training system, secrecy system, competition forbidden system, labor-management disputes
Registration and application, searching, transfer, licensing, fighting against the infringement, customs protective measures for intellectual property rights related to patent, trademark, know-how, copyright, computer software, domain name of internet etc.
Merge and acquisition of share, merge and acquisition of assets, corporation reorganization and restructuring, capital increasing, assets reorganization (merge/acquisition/division), shares arrangement (share transfer, shareholder agreement, futures plan)
Ordinary liquidation, special liquidation, bankruptcy liquidation
Foreign direct investment and re-investment project (documents arrangement, set-up and consequential procedures in joint venture / cooperative corporations /sole corporations) and domestic investment project
Stockholder loan arrangement, banking finance arrangement and venture capital
Securities (issuance, listing and distribution of stock) and futures
Banking, finance and insurance
Lease and transfer of state-owned land use right, land requisition, compensation for demolition, tender and bidding of construction project, draft and negotiation of construction contracts, acquisition of real estate project, finance and trust of real estate project, commercial and residential sale, transaction and lease of real property (land use rights and houses), property management, delivery of real estate, settlement of the dispute arising in the process of real estate development and management
Marketing system and domestic trade( underlying contract、simple contract and trade settlement)
International trade (transaction documents, finance and settlement, transportation, customs supervision, commodity inspection and quarantine), import and export, foreign exchange, tax, letter of credit, international factoring.
Responsibility for quality products, protection for consumers' rights and interests, against unfair competition.
Internet, media and E-business
Arrangement of guaranty (general suretyship, surety of joint and several liability, mortgage, pledge, lien, and deposit).
The legal arrangement for tax and accounting
Chain business, franchising
The non-performing debts collection
Conducting due diligence investigation and credit investigation
Civil and commercial litigation, administrative litigation
Domestic arbitration, international business & trade /maritime arbitration, labor arbitration, enforcing the related judgment and arbitration awards
Assets and property trust
Handle with various legal procedures, conducting various legal researches, engaging in various negotiation and bargaining activities
Lawyer's notarization
(Please get in touch with our Law Firm according to “Contact Us” if more detailed information is required) |
| Working Mode |
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As a law firm insisting on providing the highest standard of service for our purpose, WINJUS will endeavor to construct and improve our workflow continually. By effectively managing documents, records, internal audit, flawed service, analysis and improvement, we will adjust our working mode to be more fitting, sufficient and effective.
While serving our clients, we will comply with normative workflow to corporation mode of operation during the following working periods: |
| Client Contact |
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| Clients can contact us to discuss types of business, brief, intention and documents by telephone, fax, E-mail or logging in our website (see “Contact Us”) and leave their contact ways, if you have legal issues (litigation or non-contentious business). Face-to-face meeting is arranged 3 working days in advance. |
| Confirmation of Fees |
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Our price policy is based on Law on Lawyers of the People’s Republic of China, Pricing Law, Administrative Measure of Legal Service Charges, Law Firm Procedures and Rules of Charges and other regional administrative measures of legal service charges. The following factors should be concerned when clients are discussing detailed fees with us: service quality, possible risks and responsibilities, difficulties of cases, the number of staff providing service, the extent to which partners involved with cases, clients’ affording ability, social reputation, cost calculation and so on. Legal service charge will be confirmed with clients during the process of cases or in a very short time. Methods are included as following:
According to legal service time, complexity of cases, the number of money involved and responsibility based on general estimation of cases in advance, we will confirm legal service fees on the basis of cost calculation, including fixed fees, risk charge and so on;
Charges by a fixed rate in accordance with the actually consumed hours (charge by hour)
According to legal service time based on general estimation of cases, we will charge legal service fees by fixed rates and provide service during the estimated time. Charge by a fixed rate in accordance with the legal consultation agreement but offering the agreed free service hours
Note: Referring to ordinary legal services, comprehensive/special legal services, litigation/arbitration services and other services, we establish clear and reasonable charging standards. Clients can contact us for more deep understanding of our pricing policy and obtain the charging standards
Clients may select one of the following methods for the engagement.
Co-sign legal consul service contract. (refer to “Establishing Long-term Legal Consul Relationship ”);
Co-sign law hiring contract for a specific engagement;
Send us acceptable confirmation by fax and then send us the original document in written;
Send a acceptable confirmation letter enclosed with signature via fax and mail the original;
Send us acceptable confirmation via E-mail usually enclosed with signature in E-mail for identity confirmation. |
| Phase of Operation |
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Before and in the process of the engagement, we will request our clients to submit the necessary materials and documents as soon as possible including the followings:
Details of the case known to the client;
Copies, originals, information disc and files in relation to the engagement;
Real ideas and ultimate and reasonable objectives/effects the clients need to achieve.
Special requirements the clients may have.
Based on the information provided to the full, we will be committed to our engagement efficiently:
Select the most proper lawyers according to the client's requirement and the nature of the engagement and specialty of our staff;
Organize related professional lawyer to hold an internal seminar of law analysis to carefully judge the legal nature of cases and draft schedule/scheme/outline;
Meet the clients and other related individuals for full understanding of their requirements and objectives so that lawyers can conduct professional legal analysis and set operational plan to take any possible measures to protect the clients’ interests.
Draft related legal documents (analysis report/legal advice/legal opinion\credit report/litigation files) and deliver them to the clients with necessary explanation for full understanding after examination by at least two lawyers and approval by the director.
Maintain close contact and communication by different means with the clients and related individuals and endeavor to take any possible measures to get the support by governments/courts/arbitration tribunal /other authorities involved. |
| Phase of Summarization and Settlement |
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During this phase, we will report and evaluate results of cases after cases are totally finished or partly finished, we will usually be engaged in the following activities according to clients’ requirements and the nature of cases:
Report the process of cases dealt with in oral or written to clients;
Confirm the extent to which predetermined objectives are reached with clients;
Evaluate results of the fulfillment with clients;
Put forward related follow-up measures about cases. |
| Establishing Long-term Legal Consul Relationship |
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| From the phase of an objective determined to the phase of the objective reached, corporations have to take lots of risks. If potential risks can not be found and prevented with effective legal measures, or risks can not be effectively dealt with when occurring, they are improbable to survive. By helping you to take advantage of our professional service, we will provide a full range of legal consul services in the process of the corporations’ management, and minimize your risks. |
| Major Services that We Provide for Clients |
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Clients who need long-term legal consul services can make an agreement with us by signing Long-term Legal Counsel Contract, which qualifies these clients to be our long-term legal clients. The following service products are provided for you:
Consultation. Provide legal analysis and oral or written legal consultation to questions and problems in clients’ routine management;
Examination and Modification. According to clients’ requirements, check and modify clients’ agreements, contracts and other legal documents with third parties for routine business, and provide legal advice
Negotiation. Represent clients to negotiate with third parties about creditor’s rights and debt disputes and other legal entanglement. Provide attorney opinion letters and vindicate clients’ lawful rights;
Legal announcement. According to clients’ requirements, draft an announcement out and promulgate it in public in the name of clients;
Latest legal information. Provide latest legal information to clients periodically if necessary;
Legal training. According to clients’ requirements, provide legal training to their employees;
Participation in decision-making. Provide preliminary legal advice in oral when merge and acquisition, reorganization, listing, finance and other important business plans of clients are being determined.
Auditing system. According to clients’ requirements, review its internal management system, labor contracts and related training agreements and confidentiality agreements;
Contact assistance. Assist clients to contact related government departments and your business partners for business operation;
Communication and Negotiation. Representing clients to communicate and negotiate with third parties about disputes between them. |
| Preferential Service to Clients |
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For clients who keep long-term consul relationship with us, we will provide extensive legal service in time and improve efficiency by eliminating the complicated process of negotiation and confirmation of ordinary legal consultation and individual payment in advance;
We have a special team to provide extensive long-term service to these clients with assurance of quality, language and connection. For complex legal issues, lawyers involved will make use of the integrated energy of the firm to provide legal service to satisfy clients’ needs;
For litigation, arbitration and other complex legal service, we will provide consul charge at a very preferential rate to these clients;
For keeping long-term cooperative relationship, we will provide more detailed legal service voluntarily and continually with more comprehensive legal assistance;
For clients of large scale with frequent legal affairs, on a basis of reasonable consideration, we may send our professional lawyers to clients' corporation to handle your legal issues in-house.
We give priority to engagement of clients having long-term legal counsel relationship with us.
We offer preferential and convenient service in seminars and legal journals to clients having long-term legal counsel relationship with us.
Foreign corporations, foreign-invested enterprises and domestic corporations can designate core corporations to establish long-term legal consul relationship with us in contract. According to clients’ requirements, we can provide overall and preferential legal services to the whole group (usually refer to affiliated companies);
Clients who have long-term legal consul relationship with us can proclaim WINJUS law firm as their legal consul in corporations or in public, individuals or corporations involved can contact us directly. We will do our best to vindicate clients’ lawful interests. |
| Standards of Charges |
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Charge by estimated working time. If consul fees are charged based on lawyers’ working time in a year, no any extra fees will be charged when fees are paid in full and lawyers work within the time;
Charge by determined work. If consul fees are charged based on the content of work, no any extra fees will be charged when fees are paid in full and lawyers work within this scope.
Signing-on fees. If the content of lawyers’ work and the workload can not be determined beforehand, signing-on fees can be paid to retain long-term legal consul and actual fees can be paid in other ways after work begins (both of ways mentioned above can be adopted or payment decided by negotiation). |
| Ways of Service |
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“Undertaking responsibility by professional lawyers, cooperation of all staff, unified management”. Details including:
Professional lawyers. For corporations with a few legal issues and those which only need certain legal service, an appointed lawyer will provide legal service and work in corporations according to the difficulties of cases and clients’ requirements;
Lawyer team. For large scale corporations with many legal issues, two lawyers and one assistant will be appointed as a team to provide legal consul service. Lawyers will be responsible for dealing with legal issues and the assistant for businesslike issues;
Resident lawyers. For larger scale corporation s with many legal issues, professional resident lawyers can be appointed to assist corporations to deal with ordinary legal issues at a reasonable consideration;
Group Service. Foreign corporations, foreign-invested enterprises and domestic corporations can establish long-term legal consul relationship in the name of core corporations with us in contract. According to clients’ requirements, we can provide overall and preferential legal services to the whole group. |
| Service Plan |
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We consider one year as our service term and provide our services according to the following plans::
1. Understand the situation. Mainly acquaint with the basic situation of consultant corporations, including the history of the corporations growing history, past failed cases and success experience, the current operation situation, the management and the department structure, workflow and copy the documents about the industrial and commercial license, tax registration.
2. Deal with the remaining problem of history. Deeply understand the situation of the corporations, put forward suggestions about the improvement of internal management and control of the corporations; clear the remained problem of history, solve problems concerned with legal issues and ensure the smooth operation of the corporations.
3. Standardize all kinds of contracts. Collect all kinds of contracts of corporations (including labor contracts, sales contracts, contracts for work, sales contracts for import and export and so on). According to the contract collected, combine with the practical situation, analyze and investigate from the professional law point of view, standardize important various elements of the contracts, amend and examine deficiencies of original contract and help make standard form contracts.
4. Mid-term summary. When more than half of the service period have pasted, we will analyze and study the problem of operation arising in the first half of the year. We will have deep discussion with the clients. Summing up the past and look towards the future, we will make proper adjustments to the service mode and the executive plan.
5. Legal training for labor and management. Appoint our senior lawyers who are professional in labor law to analyze the legal issues, solve labor problems and guide the relevant staff the skill of signing a labor contract.
6. Assist in the perfection of the rules and regulations. Find out the defects and seek the improving plan after the acquaintance of the corporations’ framework and operation conditions. Make full use of the energy of all units; implement and perfect rules and regulations. Work out an effective controlling and stimulating mechanism and pursue profit-maximization of corporations.
7. Legal training for senior officers. Provide legal training for senior officers in consul corporations for free. According to different situation, dispatch relevant professional lawyers capable of teaching and have teaching background and improve their legal literacy and consciousness.
8. Suggestions on tax. Aim at problems that occurred in the process of tax paying and authorized tax withholding and collection, dispatch professional lawyers on tax, and explain and analyze how to pay tax legally and how to get maximum tax privilege to achieve the aim of saving tax legally.
9. Annual summary, comprehensive evaluation. Look back on the service condition of the whole year, have consul corporations make comprehensive evaluation on the service quality and working method; bring forward professional and comprehensive evaluation to the situation of consul corporations; negotiate with the consul corporations to make the service plan of next year. |
| Principles That we confirmed our fee rates |
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Fair and reasonable
Complying the capacity of clients
Complying with the nature of the legal service
Meeting the requirements of the necessary cost accounting of our law firm
Standard of Charge
The fee standard mainly includes the fees for the following legal services
the long-term legal counsel services
General Legal Counseling (hourly rate)
Fee for Drafting Formal Legal Opinion / Certificate / Contract
Investment / Reorganization / Share Transfer / General liquidation / Special-purpose
Investigation and other Special Legal Services
Agency Fee for Litigation / Arbitration
Other Legal Affairs
Our clients will obtain our fee standard via:
Telephone, facsimile, email and etc. Please refer to the sub-item of Location and Contact within the item of “ABOUT WINJUS”
Please refer to the item of “Online Consulting “to contact us
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| Cost Currency and Exchange Rate |
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Actual case expenses and costs (e.g. accommodation, meals, fare, investigation expenses, documentation charges, communication costs, governmental charges, and allowance) shall be borne by the client.
A billed service hour refers to an "effective work hour", based on hours spent actually engaged in casework, in accordance with usually accepted service hours in the legal practice.
In case of being specially required by a client to provide out-door service, (in and out of the same city) the actual traffic hours shall be included in "effective work hours".
In case of being specially required by a client to work overtime or provide an instant service, we retains the right to add an additional 30% urgency fee charge according to the actual condition
In case of being specially required by a client to arrange several of WINJUS’S staff doing effective work simultaneously. We may charge a collective fee for the service hours of each of the staff according to the actual condition.
For payment from clients in Chinese territory, we collect RMB through our RMB bank account; For payment from clients out of China, we collect USD through our USD bank account.
Payables of clients in Chinese territory shall be disbursed to our bank account within 5 days; Payables of clients out of China shall be disbursed to our bank account within 20 days.
n the event that we must exchange currency, we usually adopt the exchange that we have agreed or the middle market spot rate publicized by the People's Bank of China and provided by the State Foreign Exchange Administration Bureau. |
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