Company contract management system
Chapter I General Provisions
Article 1 In order to achieve legal governance of enterprises, promote the development of the company's foreign economic activities, regulate foreign economic behavior, improve economic efficiency, and prevent unnecessary economic losses, this management method shall be formulated in accordance with relevant state laws and regulations.
Article 2 Any economic activity that occurs in the name of a company shall be signed into an economic contract.
Article 3 To enter into an economic contract, it is necessary to abide by the laws and regulations of the state and implement the principles of equality, mutual benefit, consensus, and equal pay.
Article 4 The contracts included in these Measures include contracts for design, sales, procurement, borrowing, maintenance, insurance, etc., excluding labor contracts.
Article 5 In addition to the immediate liquidation, the contract shall be in written form, and the documents, diagrams, and faxes that modify the contract shall be part of the contract.
Article 6 If the state stipulates that the standard contract text is adopted, the standard text must be adopted.
Article 7 The company shall be fully responsible for the contract management work, and guide and supervise the contract establishment and performance of the relevant departments, as authorized by the general manager.
Chapter II Conclusion of the Contract
Article 8: To reach an economic exchange intention with the outside world, an economic contract shall be concluded after consensus.
Article 9 Before entering into a contract, it is necessary to understand and master the business qualifications and credits of the other party. Units without business qualifications or credits may not enter into an economic contract with them.
Article 10 In addition to the legal representative of the company, any other person must obtain the written authorization of the legal representative to entrust a written economic contract.
Article 11 The authorization to enter into an economic contract shall be divided into two types: the fixed-term entrustment and the business entrustment. The important personnel specially designated by the legal representative shall be authorized by a fixed-term entrustment. Other general personnel shall adopt the authorization method of business entrustment.
Article 12 The matters entrusted by the company shall be specially managed by the company's legal counsel. Authorized personnel shall go through the registration formalities, collect and fill out the power of attorney, and the authorization shall take effect after being signed by the legal representative of the company and affixed with the official seal.
Article 13 If one of the following circumstances is met, the economic contract shall be concluded in writing:
1. The amount of a single business reaches 10,000 yuan;
2. Guarantees such as guarantees, mortgages or deposits;
3. We will perform the contract first;
4. There are requirements for sealing samples;
5. The contractual counterparty is a foreign unit;
Article 14 The economic contract must have the subject matter, quantity and quality, price or remuneration, the time limit, place and method of performance, and the main clauses such as liability for breach of contract can be stamped with the official seal or the contract. The economic contract can enter into guarantees such as deposits and mortgages.
Article 15 If there is no national standard for the subject of the contract and it is difficult to describe it in writing, the sample shall be sealed and sealed by both parties, sealed with official seal or contract, and kept separately.
Article 16 If the amount of the contract is less than 10,000 yuan, and the written contract shall be concluded in accordance with the provisions of Article 13 of these Measures, the non-written contract substitution form must be filled in advance, indicating the main terms of the contract as specified in the present Measures. The reasons for entering into a written contract are approved by the general manager, otherwise the business cannot be established.
Article 17 The name, address, contact person, telephone number and bank account number of the contracting party must be indicated on the text of each contract or on the contract of the contract. If it cannot be specified one by one, it must be in the company's total Sign the contract for the stay.
Article 18 After the contract text has been drafted, the contractual circulation document shall be validated by the official department, the legal counsel, the financial department and other functional department heads and the general manager of the company after the approval and approval of the official seal or special seal of the contract.
Article 19 The company manager has the final decision on the conclusion of the contract.
Article 20 The audit opinions in the process are signed on the contract circulation document and a contract original. The contract circulation document as the record and certificate in the contract review process is retained by the seal custodian after the contract is sealed and archived in time.
Article 21 The economic contract concluded by the foreign party is strictly forbidden to stamp the blank text and in principle, the signature and seal of the other party shall be signed and sealed by the other party. It is strictly forbidden to sign the signature of the other party by fax or letter. Chapter; if there are exceptions, the general manager must be approved.
Article 22 A single contract text of more than two pages shall be stamped with a seal.
Article 23 After the contract and seal are in force, the contract administrator shall assign the contract to the number and registration of the contract according to the specifications determined by the company.
Article 24 In principle, the contract text shall be held in a single copy, at least two copies. The text and copy of the contract shall be deposited by the finance department, the office, the legal counsel, the specific business department, etc., and the components shall be held by the finance department. And the office is kept.
Article 25 Non-written contract substitution orders are also regarded as written contracts, which are uniformly numbered.
Chapter III Performance of the Contract
Article 26 After the contract is concluded in accordance with the law, it shall have legal effect and shall be performed in an actual and comprehensive manner.
Article 27 The business department and the finance department shall establish separate accounts according to the contract number, and each account shall have one account, one record according to the progress of the business and the payment and payment situation.
Article 28 The relevant departments shall report to the general manager of the company and notify the legal counsel in a timely manner in case of difficulties in performance or breach of contract in the performance of the contract.
Article 29 The finance department shall perform the payment and collection work according to the contract, and shall refuse to pay for the business with the following circumstances:
1. A written contract should be concluded without a written contract and no non-written contract substitution order is used;
2. The name of the receiving unit is inconsistent with the name of the other party to the contract.
Article 30 Where the name of the payment unit is inconsistent with the name of the other party to the contract, the financial department shall urge the payment unit to issue a proof of payment on behalf of the payment unit.
Article 31 In the process of performance of the contract, the invoice issued by the other party must be reviewed and signed by the specific handling personnel, and signed and approved by the general manager, and then transferred to the financial review and payment.
Article 32 During the performance of the contract, the relevant personnel shall properly manage the contract information, and establish and lend the system to the relevant original materials such as technical documents and charts of the engineering contract to ensure the integrity of the contract.
Chapter IV Changes and Dissolution of Contracts
Article 33 The change or cancellation of the contract must be approved by the responsible person of the relevant functional department and the general manager of the company, such as the business department, the finance department, the legal counsel, etc., in accordance with the contract establishment process.
Article 34 The change or dissolution of our party and the notice of the same place or the agreement between the two parties shall be in writing and shall be affixed with the official seal or special seal of the contract after being examined and approved.
Article 35 The relevant department must notify the general manager of the company and notify the legal counsel within three days of receiving the notice of the other party requesting the change or cancellation of the contract.
Article 36 The notice and reply of the change or cancellation of the contract shall be in accordance with the requirements for the receipt and dispatch of the official document, sent or signed by the other party, and the registration or receipt certificate shall be submitted to the office for custody as part of the contract.
Article 37 The text of the change or cancellation of the contract shall be the legally binding part of the original contract as part or the updated part of the original contract and shall be included in the scope of management stipulated in these Measures.
Article 38 After the contract is changed, the contract number shall not be changed.
Chapter V Others
Article 39 As an important legal basis and vouch for the company's foreign economic activities, the relevant personnel shall keep the contract secret.
Article 40 The business department and the finance department shall, according to the contracted account book, regularly or irregularly summarize the contract conclusion or performance within the scope of their respective work, according to the law.
Ask about the conclusion and performance of this statistical contract and report to the general manager.
Article 41 All relevant personnel shall regularly sort out the relevant information of the contract that has been performed or is no longer fulfilled according to the contract number. After confirmation by the legal counsel, it shall be filed with the file management personnel and shall not be disposed, destroyed or lost at will.
Article 42 The company regularly evaluates the contract management work, and gradually incorporates the contract signing rate, contract text quality, contract performance, and contract accounting records into the company's assessment of the performance of employees and departments.
Chapter VI Responsibility
Article 43 Anyone who causes losses to the company due to failure to deal with the contract in accordance with the provisions, fails to report the situation in time, and loses the relevant information of the contract shall be investigated for economic and administrative responsibilities.
Article 44 If a company causes serious losses to the company due to intentional or gross negligence, it shall be transferred to the relevant state organs for investigation of its legal responsibilities.
Chapter VII Supplementary Provisions
Article 45 These Measures shall apply to the headquarters and departments of Weifan Company.
Article 46 The right to interpret these Measures shall be the general manager of the company.
Article 47 These Measures shall come into effect from the date of issuance.
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