Summary of legal work

Summary of legal work

XX Real Estate Group Shanghai Co., Ltd. has been established for nearly a year. The legal work has been carried out under the care and support of the Group's Legal Compliance Department and Shanghai company leaders, from contract management, four audits, legal risk prevention and control, legal training to legal publicity. A lot of in-depth and solid work. The main legal work of the Shanghai company and the future legal work ideas for the past year are summarized as follows:

First, strengthen system construction and improve staffing.

Established an internal control and risk management leading group

In order to establish and improve the five-in-one internal control and risk management mechanism of “financial, auditing, discipline inspection, legal affairs and confidentiality”, improve the company's internal control and risk management standards, prevent risks, and promote the company's sound and rapid development, the Shanghai company was established. The internal control and risk management leading group led by the general manager is responsible for internal control and risk management, and enhances the company's decision-making and support capabilities in major operations.

Hire external legal counsel with full-time legal staff

After the establishment of the Shanghai company, in order to protect the company's sustained, stable and healthy development, and to eliminate all kinds of legal risks from the source, Shanghai Company and XX Law Firm signed a perennial legal advisory service contract for relevant business management, various economic contracts, financing. Provide legal counseling services for reviewing partner credit, legal training and other matters. Subsequently, with the support of the group company, the Shanghai company has deployed full-time legal personnel to be responsible for the company's daily legal affairs, including contract review, case handling, legal issues handling, risk internal control, legal training and contact with external legal counsel. Through the combination of external legal counsel and internal legal personnel, the company is guaranteed to operate compliance management according to law.

Introducing legal affairs management measures

While cooperating with other departments to complete the system construction, the Shanghai company legal personnel constantly improved the construction of its own legal affairs system, and formulated the "Measures for the Administration of Legal Affairs" with reference to the management methods of the Group's legal affairs, and applied for four legal examinations and external employment. Legal counsel management, legal propaganda and other work have been standardized from the system, and a legal risk prevention mechanism has been gradually established.

Second, actively carry out legal work to protect the company's stable operations.

Implement four audits.

In accordance with the requirements of the group company, the Shanghai company has continuously established and improved the legal risk prevention mechanism, and promoted the legal review of rules and regulations, economic contracts, important decisions, and power of attorney. In the economic contract review, the division of responsibilities between external legal counsel and internal legal personnel was clarified, the review process was optimized, and the efficiency of the audit was improved.

Legal risk prevention and control report work

In promoting the prevention and control of legal risks, the Shanghai company actively strengthened the construction of the pre-existing prevention system. The company's leaders put forward the idea of ​​establishing risk prevention and control statements based on the complex market environment and strong customer rights awareness in Shanghai. According to the company's business operations, the legal personnel promptly reminded the relevant departments through the form of statements, and tracked the legal risk processing results through feedback mechanisms, and improved the legal risk prevention capability from the process.

Legal training work.

Based on the "Sixth Five-Year Plan", the Shanghai company actively carried out legal training. In the first half of this year, with the assistance of external legal counsel, the Shanghai company organized all employees to learn the laws and regulations related to real estate management, and improved the employees' legal concept and understanding of the rule of law. In the second half of the year, in response to the upcoming opening of the company's project, the Shanghai company conducted legal risk training for the sales agency company, raised the risk awareness of the sales staff of the agency company, and reduced the possibility of legal disputes from the source.

Third, the problems in the management of legal affairs

Inadequate legal staff

Corporate legal affairs work has the characteristics of strong professionalism, and has high requirements for legal theory knowledge and professional experience. In particular, legal personnel of real estate also need to be familiar with real estate industry knowledge. As a newly established company, the Shanghai company lacks the knowledge and experience of legal personnel and needs to be further improved.

Contract review execution is weak

After the establishment of the Shanghai company, from the preliminary planning to the marketing opening, a large number of contracts need to be reviewed, time is tight, and tasks are heavy. In the course of conducting business, some departments have the problem of implementing the contract after the implementation, which has virtually increased the legal risk. In the future work, it is necessary to further strengthen the contract review and follow the contract review system to prevent risks.

Fourth, 2019 Shanghai corporate legal work plan

Improve the internal risk prevention and control system

In 2019, under the leadership of the internal control and risk management leading group, the Shanghai company will further improve the enterprise risk management system construction, formulate the risk management specific process and improve the enterprise risk management level in accordance with the requirements of the joint stock company and the group company risk management system.

Strengthening four legal review work

On the basis of 2019, in accordance with the requirements of the Shanghai Legal Affairs Administrative Measures, the four legal review work will be further strengthened, the auditing standards will be improved, the auditing efforts will be strengthened, and the post-event auditing situation will be eliminated to ensure the compliance of the company's compliance operations.

Improve legal training and legal publicity

In 2019, the Shanghai company will further improve the level of legal training and improve the pertinence of training. Relying on the requirements of the "6th Five-Year Plan", we will continue to strengthen legal publicity work and raise the standard of all personnel of the Shanghai company in accordance with the law.

Summary of legal work

Time flies. In a blink of an eye, I have been working in the Legal Department of Nanjing Zhongyuan for a month. I have reviewed the work and life of this month and learned a lot of real estate laws and business knowledge. I am very grateful to the leaders and colleagues for their enthusiasm and help. Familiar with the workflow and smoothly carry out the basic work of legal affairs. Below I will write a summary of my recent major work, report to the leadership, in order to self-proclaim.

Contract review

The contract review is the most basic business of the Legal Department. After this month's intensive training, the company has a comprehensive understanding of the company's overall structure and specific structure. The basic skills of contract review for each department are already available, but the quality and efficiency of the review are still Need to strengthen, in addition to the need to continue to learn the ability to draft drafts, especially large drafts.

During this time, I participated in the two-month contract review work, which is relatively strong. On the one hand, I want to ensure the validity of the contract, and focus on reviewing the key property rights information, the amount of the house, the deposit agreement materials, the liability for breach of contract and the relevant documents. On the other hand, for some internal workflows of the company, it is necessary to pay attention to reminding legal risks and ensuring legal norms.

Effective communication with the secretary of each branch is also a key point in the process of reviewing the contract. It is both serious and patient, so I must pay attention to the communication skills.

Litigation

The content of litigation matters mainly includes communicating with business personnel to understand the case, collecting and sorting litigation materials, filing a case, contacting a lawyer, and communicating with the court. In this process, the legal system plays an important role as a bridge. From the physical point of view, we need to select the optimal solution to deal with the dispute on the basis of fully understanding the case, and minimize the risk of loss of the company. We must be familiar with the court process and clearly document the procedures. Among them, I feel that what I need to improve is to timely communicate and follow up the case, and the leaders report the progress of the case in a timely manner and effectively advance the progress of the case.

Regularly branch to understand the legal needs and answer the business consultation immediately. Colleagues go to the branch to communicate with business personnel, managers, secretaries, etc. The main branches include Longjiang Branch, Ruiyuan Branch, Ninggong Branch, and Ninggong New Branch. The Qingliangmen branch, this time is mainly to understand the basic situation of the company's stores, and to communicate with the manager on the list involved in the case, to prepare for the trial. At the same time, he also reminded the secretary about the problems that occurred during the recent contract review process and standardized operations.

Answering the telephone number is also one of the daily tasks of the legal affairs. Under normal circumstances, we must first extract the key information of the problem from the salesman. If it is a simple and common problem, it can be directly answered on the spot. If it is more complicated, it needs further inquiry and confirmation. Reply after finding out. For some substantive issues, the proposal, recognition, abandonment and change of some disputes must be approved by the relevant departments and leaders before they can be answered.

These are some of the key work items that I have summarized this month, and the next stage needs to continue to improve:

The company's stores are gradually increasing, the departmental team will continue to grow, and the workload will inevitably increase accordingly. Therefore, I need to deepen my understanding of the company's business processes. I believe that practice makes perfect and is more professional and efficient in contract review and related loan work.

Emphasis is placed on the need to strengthen their ability to negotiate and cooperate, and to study and track the country's continuous introduction of new laws and regulations and some practical jurisprudence, so that their thinking and business needs of the company closer.

Summary of legal work

I have been doing legal work in the company for nearly seven months. Looking back on this half a year, I will write a small summary of my main legal work, from the point of view: contract drafting, review work

The contract review and drafting is the most basic business of the Legal Department. After several months of intensive training, the company has a comprehensive understanding of the company's overall structure and specific structure, and the basic skills of the contract review for each department are already available, but the review Quality and efficiency also need to be strengthened, and the ability to draft drafts, especially large-scale contracts, needs to be continuously improved. 1. For several months, I have mainly participated in various types of purchase and sales contracts for the construction department and the mixing station, various construction contracts for the engineering department, contracting contracts, various technical contracts for the development department, and various types of advertising contracts for the planning department. The review of hundreds of contracts. In the contract review, the problems in the contract can be found. The most important thing is to pay attention to whether the rights and obligations of the two parties are equal, the payment method, the liability for breach of contract, the performance guarantee, etc. In fact, this is a good workflow, and the legal affairs are allowed before the contract is signed. Viewing can greatly improve the contract performance rate and minimize unnecessary litigation.

2. The contract drafted includes a small purchase and sale contract, a small contract for the contract, and various design contracts required by the General Manager. Although it is said that it is drafted by itself, the fact is that the Internet or the use of its own data files can also find a similar contract, modified to the actual contract that can be applied to the company.

Litigation, arbitration, non-litigation and other work

1. In litigation and arbitration, since the company has a professional legal advisory unit, I am still in the learning stage at present. The company has only handled one arbitration transaction separately for seven months, allowing the parties to settle out of court and not let the company Causing losses. In addition, assisting the sales department to solve some of the daily legal knowledge problems of customers and dealing with the situation encountered by Shiqiaopu and Jiayinyuan tenants is also an important task for me, but I know that my ability to work is still insufficient. Will continue to follow Xu lawyers to improve their abilities.

2. According to the needs of the company, it is currently responsible for the management of all the contract files of the company and the minutes of the meetings of the company's conferences and meetings. At present, all kinds of contract files have been classified and ordered, and the minutes of the meeting are also in accordance with the requirements of the General Office. In improving efficiency and quality. 3. The next stage where you need to continue to improve:

In the coming year, the various groups of the company will start construction, and the workload will increase greatly. I believe that practice makes perfect, so I need to deepen my understanding of the company's business processes, and it will be more professional and efficient in the contract review.

We need to strengthen our ability to negotiate and cooperate, and study hard to keep track of the country's continuous introduction of new laws and regulations, and to study online judgments so that our thinking and laws are close to each other. I believe that there will be progress.