
On 30 September 2025, the Supreme People's Court issued the ‘Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Company Law of the People's Republic of China (Draft for Comment)’, sparking widespread discussion across society. To provide an in-depth analysis of the practical key points of this draft for soliciting opinions and assist solicitors in accurately grasping legal developments, JAVY Law Firm successfully hosted the event ‘Practical Interpretation of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Company Law of the People's Republic of China (Draft for Soliciting Opinions)’ on 24 October 2025.
Mr Zhao Cenghai, Director of JAVY Law Firm, delivered the opening address for this event. Ms Tian Qiuying, Partner and Chairperson of the Public Interest and Social Responsibility Committee, and Mr Wei Wei, Partner and Chairperson of the Commercial Law Committee, served as the keynote speakers. Mr Wang Wenyong, Chairperson of the Environmental, Energy and Resources Law Committee and Senior Partner, and Mr Wang Yue, Partner and Chairperson of the Company Law Committee, also participated in the event. Partner Tian Qiuying, Chair of the Commercial Law Committee/Partner Wei Wei served as keynote speakers. Senior Partner Wang Wenyong, Chair of the Environmental, Energy and Resources Law Committee/Senior Partner, and Ge Youshan, Chair of the Company Law Committee/Director of the Supervisory Committee, provided commentary. Senior Partner/Dezhou Branch Director Liu Yaqi attended the event.
At the outset of the event, Director Zhao Cenghai extended a warm welcome to all guests on behalf of Jia Law Firm. He noted that while the implementation of the new Company Law provides a fresh legal framework for corporate governance, it also presents practical challenges that require urgent resolution. Each revision of the law remains intrinsically linked to the day-to-day work of legal practitioners. This event not only enhances lawyers' learning capabilities but also actively responds to corporate clients' needs. He stressed that practice drives expertise, and expertise serves clients. He hoped lawyers would gain insights from this event to collectively advance legal practice.

During the keynote address, Solicitor Tian Qiuying systematically outlined each clause of the Draft for Comment with her solid expertise and clear logical reasoning. She elaborated on the background and main content of the judicial interpretation. She noted that the Draft Consultation Paper comprehensively covers the entire lifecycle of a company, from establishment to liquidation, featuring extensive content and broad coverage that meticulously regulates various corporate aspects. During her interpretation, Ms Tian conducted an in-depth analysis of core provisions, including: refining the statutory representative system; detailing external guarantee mechanisms; strengthening regulations on related-party transactions; systematically establishing the doctrine of piercing the corporate veil; and clarifying accelerated maturity of subscribed capital contributions. Ms Tian highlighted that a systematic comparison with the original judicial interpretation reveals a shift from ‘narrow’ to ‘broad’ and from “fragmented” to ‘comprehensive’ coverage, placing greater emphasis on systemic and holistic approaches. She further elaborated on practical operational points concerning corporate governance, shareholders, directors, supervisors, senior management, and creditors, raising pertinent disputes and considerations to stimulate in-depth discussion among the lawyers.

Wei Wei shared a representative case concerning an enforcement objection lawsuit. Following the formal implementation of the new Company Law on 1 July 2024, Article 88(1)'s blanket retroactive application provisions sparked controversy, exposing many historical shareholders under the subscribed capital system to risks. In late December 2024, the Supreme People's Court issued the ‘Reply on the Non-Retroactive Application of Article 88(1) of the Company Law of the People's Republic of China,’ clarifying that this provision applies only to share transfers occurring after 1 July 2024 where the capital contribution period has not yet expired. The case handled by Ms Wei commenced after the new law's implementation but prior to the issuance of the reply, with the central dispute centring on the applicability of Article 88(1) of the revised Company Law. She provided a detailed account of the case's background, analysed its legal complexities and points of contention, and emphasised the importance of continuously monitoring legal developments and updates to judicial interpretations. Ms Wei stated that only by promptly grasping the latest judicial information can one accurately apply the law in practice and effectively safeguard clients' interests.
During the interactive discussion session, the atmosphere was highly animated. Attendees actively contributed their perspectives, sharing insights and experiences to foster in-depth exchanges.

During the commentary session, Mr Wang Wenyong highly commended the presenters' outstanding contributions, stressing that lawyers must boldly articulate their views and actively engage in legal practice. He further noted that the draft amendments consolidate five existing judicial interpretations into a single document while incorporating contemporary revisions, thereby providing clearer guidance for legal practice. Mr Wang also encouraged young lawyers to strive for self-improvement and foster exchange and learning within the legal profession.

Mr Ge Youshan likewise affirmed the presenters' professionalism and dedication. He underscored the profound significance of the New Company Law series, noting that each preceding session had focused on distinct aspects of the legislation. Through this series, participants could gain a more comprehensive and profound understanding of the New Company Law and its related interpretations. This initiative not only advances knowledge but also equips lawyers to adapt to legal transformations and enhance their practical capabilities. He encouraged young lawyers to actively participate, seize learning opportunities, continuously accumulate experience, and grow through legal practice, thereby meeting societal demands with higher-quality legal services.
© Beijing JAVY Law Firm Beijing ICP Registration No. 18018264-1