Investigation of Investment Made by the Other Party as Community Property
It’s common that one party may use community property for investment or even for obtaining loans for company operation. It’s important for the attorney to know all the investments of the other party. The lawyer shall investigate based on information provided by the client about all the enterprises that the other party, or both parties invested in, the lawyer may visit the Administration of Industry and Commerce (also known as “AIC”). The following information shall be collected:
(1) The applicant, legal representative or person (generally promoters) in charge of the establishment of the enterprise;
(2) the name list of the investors, the proportion of capital contribution, the way of capital contribution and the registered capital at the time of the establishment of the enterprise;
(3) the accounting reports and financial statements of the annual inspection of the enterprise, including the balance sheet, the cash flow statement and the profit and loss statement;
(4) whether there is any change in the registration of the enterprise in the Administration for Industry and Commerce;
(5) whether the other party has secretly transferred any investment rights or interests of the enterprise during the marriage and when a family dispute occurs, whether there is a transfer of the assets of the enterprise and whether there is any malicious forgery of corporate debt.
(6) the current operating conditions, market share and market prospects of the enterprise in order to understand the market value of the corresponding investment interests of enterprises, especially for the part invested using community property;
(7) While collecting the above industrial and commercial materials, lawyers should pay attention to the information of primary bank account and other bank account information being used by the enterprises in order to make fund inquiries if necessary;
(8) A lawyer may also collect the above information through other channels, such as business websites, publicity materials, tax bureau, and so on.