Prolink_New Quote 16176_Legal

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律师事务所档案号: File No. of the Law Firm:


XX律师仅就本法律意见书补充意见出具日以前已经发生或存在的事实根据现行有效的中国法律进行法律审查并发表法律意见;本法律意见书补充意见仅作为XXX先生判断是否做出题述事项变更参考之用。 Our lawyer XX only carried out legal reviews and issued the legal opinions by basing on the existing effective laws and regulations in China for the facts occurring or existing before the date of issuance of the supplementary legal opinions; and the legal opinions are only for reference by Mr. XXX to judge whether to make change of the issues as mentioned in the subject.


于此同时,临时清盘人提供的法律意见书的签字人XX律师是XX律师在同一家律师事务所的执业律师。 At the same time, Lawyer XX the signatory signing on the legal opinions provided by the provisional liquidators is a practicing lawyer in the law firm same as Lawyer XX.


我们理解,XX律师所拥有的双重身份,及其与XX律师的关联关系,已经使得XX永申律师事务所不能保证其中立性,以公允而中立的态度来审视和判断本事项的背景情况和事实,并客观地就本事项的真实情况发表法律意见。 In our opinion, due to the double positions possessed by Lawyer XX and the affiliation relationship with Lawyer XX, XX Partners cannot ensure its neutral position to review and judge the background situations and facts in the case in a neutral and fair way and issues the legal opinions on the true facts of the case objectively.


该等诉讼案件目前正处于法院审理阶段。 The lawsuits are currently in the stage of inquisition by the courts.


律师: Lawyer:


依据《中华人民共和国企业破产法》第 5 条有关“对外国法院作出的发生法律效力的破产案件的判决、裁定,涉及债务人在中华人民共和国领域内的财产,申请或者请求人民法院承认和执行的,人民法院依照中华人民共和国缔结或者参加的国际条约,或者按照互惠原则进行审查,认为不违反中华人民共和国法律的基本原则,不损害国家主权、安全和社会公共利益,不损害中华人民共和国领域内债权人的合法权益的,裁定承认和执行。 According to the provisions in Article 5 in the Law on Bankruptcy of Enterprises of the People’s Republic of China that “As for any judgment and award made by any foreign court for any bankruptcy case with legal validity, where any property of any debtor in the People’s Republic of China is involved and any application or request is submitted to the People’s Court for acknowledgement and execution, the People’s Court will comply with the relevant international treaties contracted or participated in by the People’s Republic of China or comply with the mutual benefit principle to carry out review, and where it is considered that the basic principle of the laws and regulations of the People’s Republic of China is not violated, and the sovereignty, security and social pulic benefits of the State are not harmed and the legal rights and interests of the creditors in the People’s Republic of China are not harmed, the case will be judged for acknowledgement and execution.







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