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最高法发布保护合法权益典型案例 法治护航民营经济高质量发展
Jing Ji Ri Bao· 2025-12-05 00:22
依法认定某银行在发放贷款前向企业收取"融资承诺费",超出金融监管规定准许的收费范围;改判已履 行出资义务的民营企业股东受股东有限责任制度的保护,无需被公司债权人追加为被执行人……12月4 日,最高人民法院发布7件典型案例,内容涵盖融资环境优化、股东有限责任激活、历史遗留问题处 置、企业名誉信用保护等多个方面。这些典型案例释放依法平等保护民营企业合法权益强烈信号,激励 更多民营企业家专心创业、放心投资、安心发展,以严格公正司法助力民营经济高质量发展。 明确支持导向破解痛点 融资难、融资贵是长期困扰民营企业的突出问题,此次发布的典型案例精准回应这一痛点。某银行在发 放3.5亿元贷款前,向企业收取1000万元"融资承诺费",却未提供任何相对应的服务。人民法院认定银 行违反金融服务收费公开透明、质价相符原则,在收取贷款利息之外,超出金融监管规定准许的收费范 围,不当增加了借款人的融资成本,按照"砍头息"的裁判规则,将该"融资承诺费"在借款本金中予以扣 除。 在另一起金融借款合同纠纷案中,人民法院认定借款人仅迟延2天支付利息且后续足额履行还款义务, 属于显著轻微违约,且在有多份人保和物保的情形下,银行直接宣布贷款提前到 ...
新“18条”出台 巩固拓展经济回升向好势头
Si Chuan Ri Bao· 2025-12-04 08:41
Group 1: Core Views - The Sichuan Provincial Government has issued a notice outlining 18 specific measures to consolidate and expand the positive momentum of economic recovery, focusing on supporting consumption, reducing costs for enterprises, promoting rapid growth of businesses, and facilitating industrial transformation and upgrading [1] Group 2: Supporting Consumption - Measures to boost consumption include implementing operational incentives for new consumption scenarios, supporting the stable and healthy development of the real estate market, issuing "Shu Li An Yi" consumption vouchers, providing interest subsidies for personal consumption loans, and rewarding second-hand car sales [1] - From October 1, 2025, to March 31, 2026, interest subsidies of 1% per annum will be provided for personal consumption loans under 50,000 yuan and for key areas such as home appliances, education, and healthcare [1] - Eligible enterprises conducting promotional activities will receive a subsidy of 50% of their actual promotional investment, with a maximum of 1 million yuan per enterprise [1] - Second-hand car dealerships will receive a reward of 0.5% of their sales, capped at 500,000 yuan per enterprise [1] Group 3: Reducing Costs for Enterprises - Focus areas for reducing costs include implementing local bank re-loan subsidies for agriculture and small businesses, as well as subsidies for issuing technology innovation bonds [2] - From January 1, 2025, to December 31, 2026, local banks using re-loan funds to support small and micro enterprises will receive a tiered reward of approximately 2‰ based on their re-loan usage [2] - A one-time subsidy of 1% of newly issued loans will be provided for banks issuing loans in the elderly care industry, with a maximum of 200,000 yuan per enterprise [2] Group 4: Promoting Rapid Growth of Enterprises - Incentives for rapid growth include rewards for industrial project completion, production growth in industrial and construction sectors, and targeted procurement incentives for large enterprises [2] - From October 1, 2025, to March 31, 2026, projects that are completed and have an additional production scale of over 20 million yuan will receive a maximum incentive of 1.5 million yuan, capped at 10% of the approved equipment investment [2] Group 5: Facilitating Industrial Transformation and Upgrading - Measures to promote industrial transformation include incentives for stable production and quality improvement in beef cattle, transformation of traditional service enterprises, and incentives for enterprises transitioning to larger scales [3] - From January 1, 2026, to December 31, 2026, eligible beef cattle breeding farms will receive a subsidy of 300 yuan per head [3] - Cities with an increase in the number of enterprises transitioning to larger scales will receive incentives, with specific standards set for different types of enterprises [3]
破解民营企业融资难融资贵问题 最高法发布一批典型案例
Yang Shi Xin Wen· 2025-12-04 04:29
Group 1 - The Supreme People's Court has released seven typical civil and commercial cases that protect the legitimate rights and interests of private enterprises, covering aspects such as optimizing the financing environment, activating shareholder limited liability, addressing historical legacy issues, and protecting corporate reputation and credit [1] Group 2 - The court aims to help resolve the financing difficulties faced by private enterprises by ensuring financial institutions comply with regulations, thereby lowering financing costs and expanding financing channels [2] - The court emphasizes the principle of equal protection for both state-owned and private enterprises, ensuring that legal rights are upheld without retroactive application of laws [3] - The court addresses issues arising from corporate restructuring, ensuring a balance of interests while preventing enterprises from evading debts through restructuring [4] Group 3 - The court upholds the limited liability system for shareholders, which is crucial for enhancing the confidence of private enterprises and entrepreneurs in investment and entrepreneurship [5] Group 4 - The court innovates execution measures to maintain the credit of private enterprises, ensuring that enforcement actions do not disrupt business operations or negatively impact corporate reputation [7]
最高法发布7大典型案例 银行违规收取“融资承诺费”位列第一
Zheng Quan Ri Bao Wang· 2025-12-04 03:56
Core Viewpoint - The private economy is a driving force for China's modernization and a crucial foundation for high-quality development. The Supreme People's Court has released seven typical civil and commercial cases that demonstrate the equal legal protection of private enterprises' legitimate rights and interests [1]. Group 1: Legal Protection of Private Enterprises - The seven typical cases cover various aspects, including optimizing the financing environment, activating limited liability for shareholders, addressing historical issues, and protecting the reputation and credit of enterprises [4]. - The cases reflect the latest progress made by the courts in legally protecting the legitimate rights and interests of private enterprises [4]. Group 2: Financing Challenges - The courts aim to address the financing difficulties faced by private enterprises by regulating financial institutions' behaviors, which is essential for ensuring the survival and development of these enterprises [5]. - Through the adjudication of financial loan disputes, the courts enforce national financial regulatory policies and promote the optimization of inclusive financial services [5]. Group 3: Equal Protection of Rights - The principle of non-retroactivity is upheld to ensure equal protection of the legitimate rights of both state-owned and private enterprises [9]. - The courts consider the complexities of enterprise restructuring while balancing the interests of all parties involved, ensuring that enterprises do not evade debts through restructuring [10]. Group 4: Shareholder Limited Liability - The courts maintain the independence of corporate assets and the separation of responsibilities between shareholders and companies, which is vital for enhancing the confidence of private enterprises and entrepreneurs [11]. - Legal responsibilities are enforced against controlling shareholders and actual controllers who misuse their positions, ensuring the protection of honest shareholders' rights [11]. Group 5: Maintaining Enterprise Credit - The courts innovate execution measures to protect the credit of private enterprises, ensuring that enforcement actions do not disrupt their operational management or financial flows [12]. - In a specific case, the courts implemented measures that allowed for the efficient resolution of disputes while safeguarding the financial stability and reputation of the involved enterprises [12].
昆明和动商贸有限公司成立 注册资本50万人民币
Sou Hu Cai Jing· 2025-12-03 10:55
Core Insights - A new company, Kunming Hedong Trading Co., Ltd., has been established with a registered capital of 500,000 RMB [1] - The legal representative of the company is Li Jifeng [1] - The company's business scope includes food sales, liquor operations, and retail of tobacco products, subject to necessary approvals [1] Business Scope - The company is authorized to engage in food sales, specifically pre-packaged food [1] - It also plans to conduct online sales of pre-packaged food and sell daily necessities [1] - The company will operate independently based on its business license, except for projects requiring approval [1]
绵阳里德商贸有限公司成立 注册资本10万人民币
Sou Hu Cai Jing· 2025-12-03 07:16
天眼查App显示,近日,绵阳里德商贸有限公司成立,法定代表人为王威,注册资本10万人民币,经营 范围为许可项目:食品销售;食品互联网销售。(依法须经批准的项目,经相关部门批准后方可开展经 营活动,具体经营项目以相关部门批准文件或许可证件为准)一般项目:食品销售(仅销售预包装食 品);食品互联网销售(仅销售预包装食品);保健食品(预包装)销售;特殊医学用途配方食品销 售;日用品批发;日用品销售;旧货销售;家用电器销售;新鲜水果批发;新鲜蔬菜批发;新鲜水果零 售;新鲜蔬菜零售。(除依法须经批准的项目外,凭营业执照依法自主开展经营活动)(涉及国家规定 实施准入特别管理措施的除外)。 ...
11月物流业景气指数50.9% 需求保持扩张
Yang Shi Xin Wen· 2025-12-02 22:53
Core Viewpoint - The logistics industry in China shows continued expansion in demand and positive expectations, with key indices remaining in a prosperous range [1]. Group 1: Logistics Industry Performance - The logistics industry prosperity index for November is 50.9%, reflecting a month-on-month increase of 0.2 percentage points [2]. - The business volume index for the central and western regions is 51% and 51.2%, respectively, surpassing the national average, while the eastern region's index is 50.5%, with a month-on-month increase of 0.1 percentage points [2]. - The logistics demand for industrial products has rebounded compared to the previous month, while energy logistics demand continues to decline [6]. Group 2: Investment and Future Expectations - The fixed asset investment index for the logistics industry in November is 55.4%, indicating a high level of prosperity [9]. - Research indicates that trade logistics companies have high investment demand in areas such as equipment sharing and adaptation of upstream and downstream facilities [9]. - The business activity expectation index for November is 54.9%, remaining in a high prosperity range, with multi-modal transport, air transport, and postal express industries maintaining high levels of business activity expectations [9].
石家庄麦科商贸有限公司成立 注册资本10万人民币
Sou Hu Cai Jing· 2025-12-02 21:11
Group 1 - A new company, Shijiazhuang Maike Trading Co., Ltd., has been established with a registered capital of 100,000 RMB [1] - The legal representative of the company is Wu Yuansheng [1] - The business scope includes sales of paper products, manufacturing and sales of rubber products, wholesale of hardware products, retail of auto parts, sales of office supplies, daily necessities, building materials, and internet sales (excluding items that require licensing) [1]
深圳市海邦商贸有限公司成立 注册资本100万人民币
Sou Hu Cai Jing· 2025-12-02 06:15
天眼查App显示,近日,深圳市海邦商贸有限公司成立,法定代表人为韩威,注册资本100万人民币, 经营范围为一般经营项目是:金属制品销售;电子产品销售;机械零件、零部件销售;塑料制品销售; 紧固件销售;机械设备销售;货物进出口。(除依法须经批准的项目外,凭营业执照依法自主开展经营 活动),许可经营项目是:无。 ...
项城市碧一商贸有限公司成立 注册资本1万人民币
Sou Hu Cai Jing· 2025-12-02 04:15
天眼查App显示,近日,项城市碧一商贸有限公司成立,法定代表人为解陆伟,注册资本1万人民币, 经营范围为一般项目:日用品销售;日用品批发;日用杂品销售;日用化学产品销售;互联网销售(除 销售需要许可的商品);文艺创作;个人互联网直播服务;组织文化艺术交流活动;化妆品零售;服装 服饰零售;个人卫生用品销售;办公用品销售;厨具卫具及日用杂品批发;销售代理;运输货物打包服 务;国内货物运输代理;政府采购代理服务;采购代理服务;商标代理;普通货物仓储服务(不含危险 化学品等需许可审批的项目);装卸搬运;仓储设备租赁服务;技术服务、技术开发、技术咨询、技术 交流、技术转让、技术推广;太阳能发电技术服务;互联网数据服务;网络技术服务;信息技术咨询服 务;科技中介服务;市场营销策划;供应链管理服务(除依法须经批准的项目外,凭营业执照依法自主 开展经营活动)。 ...