Hebang Law Firm is one of the first law firms in China to engage in specialized legal services related to compliance. It conducts forward-looking research on legal developments in the compliance field and has exploratory practices in criminal case compliance, civil and commercial compliance, and administrative compliance. In November 2023, Hebang consolidated its internal compliance legal business resources and assembled a team of 19 practicing lawyers who are qualified as third-party supervisors for compliance of enterprises involved in cases in Guangzhou, certified auditors for compliance management systems, lawyers on the Guangdong Provincial State-owned Assets Supervision and Administration Commission's roster, members of the permanent legal advisory team of the Guangdong Provincial Department of Finance, members of the permanent legal advisory team of the Guangzhou Public Security Bureau, and senior compliance officers. Together, they formed the Compliance Legal Department.
The compliance and legal department team possesses both theoretical knowledge and practical experience in multi-industry projects, enjoying high recognition and extensive influence in the industry. They have been deeply involved in the formulation of multiple domestic legislations, compliance policies, and standards. Their professional influence has been trusted and recognized by the State-owned Assets Supervision and Administration Commission of the People's Government of Guangdong Province, the Department of Finance of Guangdong Province, various government departments in Guangzhou, and standard-setters in the compliance management industry. They have provided compliance and risk control services to a large number of central enterprises, local state-owned enterprises, private enterprises, etc., and possess significant advantages in theoretical and practical experience in the field of compliance and risk control.
Core business of compliance and legal department
1. Criminal compliance field
(1) Compliance legal services related to criminal cases
1. Rectify specific case-related matters. During compliance rectification, the involved enterprise must eliminate the risk factors in specific case-related matters. The specific legal consequences are reflected in the correction of suspected criminal business management behaviors, with the risks in the involved links being comprehensively controlled, eliminating the possibility of worsening risk outcomes.
2. Rectify the corporate governance structure. During the compliance rectification process, the involved enterprise must address the flaws in its corporate governance structure underlying the case-related matters, integrating criminal compliance elements into its governance framework, management processes, and responsibilities and authorities. This means that the involved enterprise can establish compliant internal decision-making, authorization, approval, execution, and supervision mechanisms, filling corporate governance loopholes and eliminating risks at their source.
3. Identify other potential risks. During compliance rectification, the involved enterprise also needs to conduct risk re-identification for other business contents and management activities beyond the criminal matters involved, investigate whether there are other potential risks and the level and extent of related risks, and take corresponding compliance measures to prevent other harmful consequences.
(II) Legal services for compliance third-party supervision involved in cases
1. Require the involved enterprises to submit a compliance plan, specifying the committed completion deadline for the compliance plan.
2. Provide suggestions for revising and improving the company's compliance plan, and determine the duration of the compliance inspection.
3. If the enterprise involved in the case is found to have omitted crimes or committed new crimes, the supervision and evaluation procedure shall be suspended and reported truthfully.
During the compliance inspection period, the implementation of the compliance plan of the involved enterprise shall be inspected and evaluated, with a copy sent to the procuratorial organ.
Upon the expiration of the compliance inspection period, a comprehensive inspection, evaluation, and assessment of the completion status shall be conducted, and a written inspection report shall be formulated and submitted to the third-party mechanism management committee and the procuratorial organs.
6. Be invited to participate in relevant hearings and express relevant opinions.
II. Civil and commercial compliance field
(1) Legal services for the construction and operation of compliance systems in enterprises (institutions)
Including the construction of compliance management system; compliance management system standard implementation certification consulting and coaching; internal control system construction; risk management system construction; "three-in-one" and "four-in-one" multi-in-one management system construction of compliance management, risk management, internal control, legal affairs, etc.; compliance management effectiveness evaluation and other services.
1. Compliance policy formulation and evaluation: Assist clients in formulating compliance policies that comply with local laws, regulations, and industry standards, and regularly evaluate and update policies to respond to changes in the legal environment.
2. Compliance training and education: Provide customized compliance training courses to help clients' employees understand and comply with relevant legal requirements, thereby reducing the risk of non-compliance.
3. Compliance risk assessment and management: Through comprehensive compliance risk assessment, identify and evaluate the legal and compliance risks that clients may face, and provide effective management strategies and solutions.
4. Compliance audit and supervision: Conduct regular compliance audits to ensure that the client's business operations comply with legal requirements, and provide supervision and improvement suggestions when necessary.
5. Compliance legal consultation: The team is ready to provide customers with professional compliance legal consultation services, answer legal questions related to compliance issues, and offer legal risk management advice.
(II) Specialized legal services for compliance of enterprises (institutions)
Our services include system review, compliance audit, compliance due diligence, compliance training, administrative law enforcement investigation response, international sanctions compliance, criminal compliance, corporate investigation and anti-corruption, among others.
(III) Compliance legal services for enterprises (institutions) in key areas
Including services such as contract management compliance, human resources and labor employment compliance, financial and tax compliance, safety production compliance, environmental protection compliance, product quality compliance, advertising and promotion compliance, intellectual property compliance, commercial secret protection compliance, business partner compliance, consumer rights protection compliance, data compliance, privacy protection and data network security, investment management compliance, securities compliance, anti-monopoly compliance, anti-unfair competition compliance, anti-fraud compliance, anti-commercial bribery compliance, international trade and export control compliance, overseas investment and operation compliance, etc.
(IV) Perennial legal compliance advisory services
Including providing daily legal consultation, offering legal advice and suggestions for the daily operation and management of enterprises; drafting, reviewing, and revising various legal documents such as business contracts, agreements, and articles of association involved in the daily operation of enterprises; providing enterprises with internal management systems and process templates necessary for enterprise operations, assisting enterprises in establishing and improving internal management systems; participating in relevant enterprise meetings or business negotiations, conducting legal analysis and argumentation, and providing legal advice; conducting legal argumentation on disputes that enterprises have faced or may face, and proposing solutions; conducting legal knowledge education and training, as well as special lectures for enterprises; regularly or irregularly providing enterprises with the latest relevant legal and regulatory information and other services.
III. Administrative and judicial compliance
1. Provide legal services for compliance review to administrative, judicial, and other state organs.
2. Provide legal services for parties who violate specific administrative regulations, offering exemption (or mitigation) from punishment for first-time offenders, and strive to obtain exemption or mitigation of legal consequences through compliance rectification.
