Education Compliance
JunHe’s education law team consists of partners who have years of practical experience in various segments of the education industry. Our education law team is a cross-disciplinary team that pays close attention to industry trends and developments in the industry. Its members are legal professionals from teams such as compliance, corporate and M&A, domestic and foreign IPO and debt issuance, real estate, private equity/venture capital, intellectual property, taxation, labor and dispute resolution.
Recent Representative Cases
JunHe’s Education Compliance services include:
Compliance in Relation to Campus Safety Risks. JunHe provides compliance systems and safety plans for schools in relation to the safety of teaching facilities, school buildings and sites, teaching activities, medicines, food and drinking water, corporal punishment and disguised corporal punishment. We also provide compliance systems relating to students’ dangerous behavior, sudden illness or injuries, special physical needs or specific diseases, student safety information management and other matters common in education management activities and assist schools in dealing with safety disputes.
Compliance in Relation to Financial Risks to Schools. JunHe provides compliance services in relation to financial risks caused by school founders, such as financial confusion between the founder and the school, related-party transactions, or the founder using the school as a financing platform or for passing on debts. We provide compliance for include risks such as illegal profits from service charges or entrusted fee collection, differential charging standards for students at the same grade level, arbitral donations by the school, financial risks caused by a school’s suppliers and other related issues.
Compliance in Relation to Sino-foreign Cooperative Education Programs. JunHe provides compliance services for educational institutions in relation to Sino-foreign cooperative education programs with overseas educational institutions and carrying out domestic and overseas course training and other activities. We also provide legal services for clients in the establishment of for-profit high schools or the entrusted management of schools.
Classification Management Compliance. JunHe provides the following services for classification management compliance: analyzing the status of an educational institution (including its history, asset ownership, claims and debts, legal relations and internal management systems) and based on the analysis and the Private Education Promotion Law (as amended) (PEPL) and regulations promulgated thereunder, assisting the educational institution and its founder(s) in identifying classification management policies, determining whether to register as a for-profit or non-for-profit private educational institution and formulating future business strategies, providing the educational institution with comprehensive, systematic and targeted solutions to eliminate potential risks arising in its course of business, protecting the legal rights and interests of the educational institution and its founder(s) on an on-going basis, and designing and adjusting the structure and relationship of the educational institution. JunHe assists with drafting legal documents required for the implementation of the plans, including but not limited to service agreements, resolutions of decision-making bodies, loan agreements and articles of association, and advises clients on the revision and application of such legal documents.
Related-party Transaction Compliance. JunHe assists clients in analyzing the basic status of an educational institution and its legal relationships with its affiliates. JunHe assists with drafting, reviewing, revising and perfecting the relevant legal documents, including but not limited to articles of association, loan agreements, education management agreements, logistics service agreements, technological service agreements and board resolutions, and advises the clients on the application of the above-mentioned legal documents.
