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Economic Law Case Analysis Questions~~Urgent

1. Li Hong can claim compensation from Company D or C

2. (1) Article 27 of the "Company Law" stipulates that the amount of monetary contribution of all shareholders shall not be less than a limited amount. The liability company accounts for 30% of the registered capital, so the cash contribution should be 900,000.

Non-monetary properties used as capital contributions should be appraised and valued, and the properties should be verified.

(2) Article 4 of the "Law of the People's Republic of China on Sino-Foreign Joint Ventures" stipulates that in the registered capital of a joint venture, the investment proportion of foreign partners is generally not less than 100% Twenty-five. Therefore, the capital contribution of the German company should be RMB 500,000. The dissolution of a company is made by resolution of the shareholders' meeting or general meeting of shareholders.

3. The company is established by raising shares, and the shares subscribed by the promoters must not be less than 35% of the company’s total shares, which is 28 million.

The promoters shall host a company founding meeting within thirty days from the date of full payment of shares.

If the promoter does not convene the founding meeting within thirty years, the subscriber may require the promoter to return the amount paid plus bank deposit interest for the same period.

4. It is not unfair competition. Unfair competition behavior refers to the behavior of operators that violate the provisions of the Anti-Unfair Competition Law, damage the legitimate rights and interests of other operators, and disrupt the social and economic order.

According to the provisions of the "Anti-Unfair Competition Law", the following 15 behaviors belong to unfair competition:

(1) Counterfeiting other people's registered trademarks; (2) Using well-known trademarks without authorization The unique name, packaging, and decoration of the product, or the use of a name, packaging, and decoration similar to that of a well-known product, causing confusion with other people's well-known products and causing buyers to mistake them for the well-known products; (3) Unauthorized use of other people's business names or name, leading people to mistake the goods for others; (4) Forging or fraudulently using quality marks such as certification marks and name marks on the goods, forging the place of origin, and making misleading false representations of the quality of the goods; (5) Public use An enterprise or other operator with an exclusive position according to law restricts others from purchasing the goods of its designated operator in order to exclude other operators from fair competition; (6) The government and its subordinate departments abuse administrative power and restrict others from purchasing the goods of its designated operator. (7) Operators use property or other means to bribe to sell or purchase goods; (8) Operators use advertising or other methods to determine the quality and ingredients of the product.

5. Factory A committed unfair competition. Article 9 of the Anti-Unfair Competition Law: Operators shall not use advertising or other methods to make misleading and false propaganda about the quality, ingredients, performance, uses, producers, expiration dates, origins, etc. of goods. Advertising operators shall not act as agents, design, produce, or publish false advertisements without knowing or should have known.

Therefore, Factory B has the right to demand compensation from Factory A based on its own economic losses.