Weipa | 60 key points of contract risk prevention and control do you know?

With the development of economic development, contracts are widely used in all areas of society, and corresponding contract disputes are increasing. How to prevent the risks in the process of contract signing and performance has become an important consideration for the contract for the contract. Today, I will share with you the article "60 Key Points of Contract Risk Prevention and Control" for reference only.

1. Precautions for establishing a contract

1. No contract without transaction

The changes in the economic situation have caused some enterprises to fail to perform normally, and a small number of enterprises will use the lack of contract procedures between enterprises to escape the liability for breach of contract. Complete written contracts are very important for ensuring the security of transactions and maintaining the long -term relationship with customers. It is recommended to sign a multi -copy contract with the other party as much as possible to maintain the entire content of the contract and keep it properly.

2. Stalks if you have action

Prove the following information that is properly cured for the specific content of the contract between the two parties: the invoice signing and fulfilling related invoices, the delivery voucher, the remittance voucher, the acceptance record, the email, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax, fax. Letter and other information. During the performance of the contract, the two parties change the cooperation agreement, including the quantity, price, delivery, and payment period, and also leave a written voucher.

3. Use the official seal carefully

It is recommended to improve the system for the storage and use of the official seal, and prevent the stolen cover and other behaviors that may seriously endanger the interests of corporate interests. When signing the multi -page contract, it is stamped with a ride seal, and the last line of text is signed and stamped adjacent to the contract book to prevent the other party from adopting pages and adding methods to change the content of the contract.

4. Use the authorized document with caution

Enterprise business personnel need to be authorized when signing a contract. It is recommended to list the scope of authorization as well as as well as as much as possible in the relevant introduction letter, authorization attorney, contract and other documents to avoid unnecessary disputes. After the business is completed, it is recommended to recover the introductory letters, authorized attorney, contract and other documents that have not been used as soon as possible.

5. Requesting relevant customers

After the enterprise business personnel leave the enterprise, it is recommended to send a written notice to the customers responsible for contact with the business personnel while handling the transfer procedures with him to inform the business staff to leave.

6. Rejuvenation issues contract attention timeliness

If the other party is considered to have fraud and coercion during the signing of the contract, or after the signing of the contract, he has a major misunderstanding of the contract content. If the contract's rights and obligations are arranged and failed to be fair, the court may request the court to revoke the contract. But be sure to exercise the withdrawal of the withdrawal within one year from one year from the date of the revocation of the revocation (self -knowing or the date of the revocation of major misunderstandings or the date of the revocation of the cancellation. Of course, whether the request made within the period of revoking the right to revoke the right to get the court support will depend on whether the evidence is sufficient.

7. Pay attention to the deposit clause

When signing a contract, the other party may be required to pay the deposit in order to ensure the performance of the contract. Since the "deposit" has specific legal meanings, be sure to indicate the word "deposit". If you use the words "deposit", "margin" and in the contract, there is no clear statement that once the other party's breach of contract will not be returned, and once the contract is doubled, the court will not be able to view it as a deposit.

8. The guarantee clause should be clear

If the other party is required to provide guarantees, please be sure to express the clear meaning of guaranteeing guarantee for the performance of the debt when signing the guarantee contract with relevant customers. The court will not be able to determine that the guarantee contract is established.

9. Pay attention to the guarantee period and method

If you need to provide a guarantee to others, whether it is a creditor or a guarantor, it is recommended that the guarantee period is stated when signing the guarantee contract. If there is no clear or clear agreement, the law will be six months from the date of the expiration of the main debt performance period during the guarantee period of the guarantee period. Choosing "joint guarantee" or "general guarantee" has a significant impact on the rights and obligations of both parties. It is recommended to ensure the word "connection guarantee" or "general guarantee" in the contract. If there is no agreement or an agreement in the guarantee contract in the guarantee contract, it shall bear the guarantee responsibility in accordance with the general guarantee of the guarantor.

10. Pay attention to ensure timeliness

For creditors, if the "general guarantee" method of guarantee the contract guarantees that the contract guarantees does not repay after the expiration, please be sure to file a lawsuit or arbitration to the debtor and guarantor during the guarantee period. If the "connected guarantee" method of guarantee the contract guaranteed in the contract without repayment, please be sure to clearly request the guarantor to immediately perform the guarantee obligations to the guarantor during the guarantee period. If the creditors do not exercise the above rights within the guarantee period, the guarantor may claim the exemption of guarantee liability.

11. Mortgage is valid

If the other party is required to provide a mortgage guarantee, it is recommended to immediately go to the relevant registration authority when signing the mortgage contract to go through the registration procedures. Only the mortgage contract without registration procedures may cause the basis of equity to be realized. Unnecessary delays and delay may make the mortgage guarantee for the same mortgage in the same mortgage before the mortgage guarantee. If the other party delays and refuses to assist in the mortgage registration procedures after signing the mortgage contract, it is recommended to sue to the court as soon as possible to deal with it.

12. Pickup to transfer possession

If the other party is required to provide a pledge guarantee, it is recommended to immediately go through the transfer procedures for the handling of pledges or rights certificates with the other party when signing the contract. If only the pledge contract is signed without the actual possession of the pledge, the pledge right is not established.

2. Precautions in the Performance of the Contract 13. Enterprise Replacement does not affect the contract

If there is no compulsory provisions that violate laws and administrative regulations, harm public interests, and violate public order and good customs if there are no contracts such as violations of laws and administrative regulations, which are effective contracts protected by law. Essence Whether the unit changes the name, the equity of the enterprise is easy, or the legal representative, the person in charge, and the scriptures, it cannot be a reason to not perform the contract. This is also an important guarantee for maintaining customers and business business reputation.

14. Market changes, the termination of the contract must be cautious

Changes in the economic situation often lead to severe fluctuations in the market price of the goods. It is recommended not to easily choose to solve the active breach of contract, termination of contracts, or filed a lawsuit. The solutions that both can accept with the other party and find both parties can be more conducive to reducing losses. Even in the proceedings, accepting the mediation under the court will be more helpful for the protection of corporate interests.

15. The payment method must be reliable

When determining the payment method, whether it is the payer or the receiver, in addition to a small amount of transactions, please try to settle through the bank as much as possible. Cash settlement involves the signed by the personnel. The signing effect may bring unnecessary trouble.

16. Accepting objection to timely

Buying goods is a daily business operating by the enterprise. Please pay attention to the timely acceptance and find that the goods are not in line with the contract agreement. Please be sure to make a clear objection to the other party as soon as possible within the period of the contract. Unnecessary delay may affect the realization of claim rights.

17. Commercial secrets must be protected

In the process of negotiating and fulfilling the contract, the business information of trading partners is inevitably exposed to the business information of trading partners. After consultation, performance of the contract, or even fulfilling, please do not leak or use this information, otherwise it may bear the corresponding responsibilities.

18. Reasonable exercise of restless defense

During the performance of the contract, if there is exact evidence to prove that the other party's operating conditions are severely deteriorated, the property is transferred, or the funds are evaded to evade debt, lose the business reputation, lose or lose other circumstances The contract agreement should be fulfilled first, waiting for the other party to provide appropriate guarantees. If the other party fails to restore its performance within the reasonable period and does not provide appropriate guarantees, the contract can be lifted. Do not directly lift the contract or refuse to perform, otherwise it will bear the liability for breach of contract.

19. Lift the objection to mention it in time

Once one party notifys the termination of the contract and the contract has objections to this, if the contract agreed in the contract, be sure to propose to the other party in writing within the agreed period. If the objection is filed after the agreed time limit expires and the court prosecutes the court, the claim may not be supported.

20. The other party must also stop the loss in time

If one party breaks the contract, no matter what the reason, the contractor of the contract should take measures in a timely manner to prevent the loss of losses, the reasonable costs incurred will be borne by the breach of the contract. If the losses are expanded negatively, the expanded losses will not be protected.

21. Actions must be moved in the current effect of litigation

The phenomenon of customers in arrears in the process of corporate operations occurs. Please pay attention to the law of law on the timeliness of lawsuits, and request the court to protect civil rights to protect civil rights. It is generally three years. In order to protect the rights from being lost because of the passage of time, it can be processed by sending letters or data telegraphs to the other party before the expiration of the lawsuit. Content of the payment.

3. Precautions for corporate governance

22. Shareholders' contributions are not responsible for joint and bringing responsibilities

The true and sufficient registered capital of enterprises will not only help protect the interests of customers, but also closely related to the vital interests of enterprises and shareholders. If the registered capital of the enterprise is false or the escape during the operation, it will cause the company's shareholders to lose the protection of the limited liability system and may be involved in a lawsuit filed by the creditors.

23. Other shareholders are involved in false funds

When investing in enterprises with other people, please be sure to pay attention to whether partners have fulfilled their investment obligations. This not only affects the interests of the enterprises they invest, but also to its own interests. If the partner does not fulfill its investment obligations, in the case of foreign liabilities, it may be responsible for the creditors. Although it can be recovered with the partner after being responsible for the liability, this will undoubtedly increase the risk.

24. Establish a company must sign a real signature

The registration procedures when setting up the company are relatively complicated. Please be sure to sign legal documents such as the company's articles of association in person. Otherwise, once a dispute occurs, the signature behavior of others will cause great trouble, and it may even cause unexpected factors to the company's equity ownership.

25. Poor shareholders are risky

Although hidden investment is not banned by the law, it contains large legal risks. The law has a strict requirements for the standards for shareholders' qualifications for hidden investors, and the qualifications of hidden shareholders cannot fight for third parties. It is recommended to choose a company with other people with caution.

26. To acquire equity must be registered

When you acquire the company's equity from others, please be sure to go through the procedures for changing the business registration of the enterprise as soon as possible after the acquisition of the contract, otherwise it will face the risk of unable to really obtain the equity. If the registration is not registered or the third party cannot be confronted, the target equity may be transferred to others again.

27. The company's articles of association sign carefully

The company's constitution is one of the most important legal documents of the company, and is binding on the company, shareholders, directors, supervisors, and senior management. Once the dispute occurs, it will also become the main basis for the court to judge the rights and obligations of all parties. It is recommended to carefully measure when participating in the formulation of the company's articles of association, signing it carefully, and not recommended to use format text. 28. Diligence obligation must be obeyed

The company's controlling shareholders, directors, supervisors, and senior managers have loyal obligations and diligence obligations for the company. Be sure to abide by the provisions of the company's laws and other laws and regulations, and violations of these regulations may lead to liability for damage compensation.

29. Small and medium shareholders must respect

Under the situation of changes in the economic environment, all shareholders need to work together and work together. Small and medium shareholders and controlling shareholders are also investors of the enterprise. Please treat small and medium shareholders, respect their right to participate, voting, protect their right to know, and protect their rights of profit distribution. Many companies are unable to operate normally because large shareholders do not respect small and medium shareholders. The internal disputes of the company can easily lead to an deadlock in the company's governance. Not only can it be involved in the company and shareholders in the lawsuit, the consumption of the company's manpower and material resources may cause the company to dissolve in extreme circumstances.

30. Solve the differences in accordance with the prescribed procedures

The difference between the company's investors is very normal, and it is recommended to follow the procedures stipulated by the company's articles of association to resolve disputes. Before holding a shareholders 'meeting, be sure to inform the shareholders in accordance with the period, method and content stipulated by the company's articles of association. If the notification obligations are not properly fulfilled, the shareholders' meeting and the board of directors formed may be revoked by the court. It is recommended to resolve the internal differences of the company by negotiation.

31. Clean the operation of the operation

The limited liability company that enterprises invest and establish may be closed due to various factors. Be careful to fulfill the liquidation obligations of investors on schedule. If the performance of liquidation obligations leads to the depreciation of the company's property depreciation, loss, damage, or loss of company accounts, and important documents, shareholders will face the risk of directly undertaking the company's entire debt.

4. Precautions for corporate labor employment

32. Avoid significant layoffs

Under the situation of economic and environmental changes, it is normal for enterprises to produce some difficulties. It is recommended not to easily lay off a large layoffs. This can not only prevent the legal risks caused by many layoffs, and avoid the company's long -term development of the company's sense of belonging to the company's sense of belonging, but also the social responsibility that the enterprise needs to bear.

33. Regulations and regulations discuss publicity

The formulation and amendment of the corporate rules and regulations must follow the democratic procedures of the Labor Contract Law, and must publicize it to the workers. The content must be complied with the law. If this is ignored, rules and regulations will not be used as a basis for enterprise employment management. Enterprises will also face the risk of employees to lift the labor contract and pay economic compensation at any time. Pay attention to the preservation of the written evidence of the professional conference or the discussion and negotiation of all employees. The retaining employee manual signing records, rules and regulations training and sign -in records, rules and system examination papers, etc. are all good evidence that proves the rules and regulations of the enterprise.

34. Book the contract first and then work

Be sure to establish the concept of ordering the contract first and then employment. At the latest, the labor contract must be established within one month from the date of employment; if the worker is still working on the employer after the termination of the labor contract, the contract shall be established within one month. If the worker refuses to sign the labor contract, please retain relevant evidence such as the request to the labor request to sign the request to sign a contract notice, so as not to sign a written labor contract with the enterprise and ask the enterprise to pay double wages afterwards.

35. Employee is willing to sign a fixed period of contract contract

If the worker is in line with the establishment of a non -fixed period of labor contracts, please respect the chosen of the workers and set up a labor contract without a fixed period according to their wishes. When concluding a contract, you can consult the workers in writing. If it requires a fixed period of labor contract, the employer shall retain written evidence that the workers agree to avoid re -regret afterwards, so that the labor contract should not be ordered without a fixed period without fixed time limit. The employer is required to pay twice the salary.

36. The service period agreement shall be retained

Enterprises provide professional technical training for workers, especially for training abroad, and should sign a special training contract to clarify the rights and obligations of both parties, and reduce the impact of talent loss on the enterprise. At the same time, please pay attention to the relevant evidence of the training expenses to avoid disputes Difficulty in proof.

37. Reasonable use of competition restrictions and protection

Senior managers, senior technical personnel and other persons with confidentiality obligations are valuable wealth of the enterprise. In order to avoid the situation where they went to other employers or start the company to engage in competition restrictions after leaving, causing corporate customers to lose, intellectual property rights are infringed, and damaged production and operation, they can agreed with them to conservative business secrets and intellectual property related to intellectual property rights. The confidential matters are signed at the same time, and the scope, region, and period of the competition restrictions are clearly signed to clarify the scope, region and term of competition restrictions. However, please be sure to pay attention to the limitation period of the competition must not exceed two years. At the same time, after the termination or termination of the labor contract, the labor compensation shall be given monthly on a monthly basis.

38. Make good use of comprehensive timing and irregular time

If an enterprise arranges workers to work overtime, the overtime salary shall be paid. For workers who need to implement the work system and comprehensive computing working hours working system due to the characteristics of work and jobs, it is recommended to pay attention to retaining the attendance records confirmed by the workers, so as to avoid difficulty in proof of proof when argument in overtime facts.

39. Abandoning the annual leisure voucher arrangement to arrange employees for annual vacation is the obligation of an enterprise. If the enterprise arranges employees for a holiday, but employees are unwilling to take a vacation, it is recommended to notify employees in writing in writing, and require employees to confirm whether they leave and when to take a vacation in writing to avoid proofs that cannot be proved when controversy.

40. Be alert to employees to mention "forced lifting"

Paying social insurance premiums for workers in a timely manner is the obligation of enterprises. Please obey, otherwise companies will face greater risks and costs that workers may lift labor contracts and require economic compensation.

41. Unilateral adjustment must be cautious

When the work and salary remuneration of the labor contract agreed in the labor contract, the company and the workers are recommended to record the changes in written forms such as written labor contracts, payments, and job change notices. Disputes are difficult in the dispute.

42. Regulatory settings to adjust the salary and adjustment conditions

Enterprises can adjust their jobs or salary in accordance with the provisions of the rules and regulations or the agreement with the workers. It is recommended that in the rules and regulations or labor contracts of the enterprise, the situation of changes in jobs and labor remuneration changes in order to assume the legality and reasonable performance of the legality and reasonable performance of adjustment of workers' jobs and salary remuneration when disputes.

43. Clarify the recording conditions

During the probation period, the enterprise has the right to terminate the workers. In order to ensure the right to exercise correctly, it is recommended to take the recruitment level, clarify the recruitment conditions and send the employment letter, the agreed in the labor contract, and the regulations in the rules and regulations to work to the labor. Public publicity conditions. Do a good job of assessment during the probation period, and timely release the contract for workers who do not meet the requirements of the hiring conditions, otherwise the probation period will need to pay a higher dismissal cost.

44. Clarify serious disciplinary and quantitative damage situation

In the case of serious violations of the rules and regulations, the enterprise has the right to unilaterally lift it. In order to ensure the right to exercise the right, it is recommended to make clear and quantitative provisions on serious disciplinary violations and major damage in the company’s rules and regulations or employee manuals. At the same time, pay attention to retain employees The factual basis of serious disciplinary violations, major damage to enterprises, and serious impacts in order to evidence when disputes can occur.

45. There is a legal reason for firing

When the company and the workers are terminated or labor contracts are terminated, they shall be terminated or terminated in accordance with the situation and procedures stipulated in the law, and the economic compensation shall be paid to the workers in a timely manner. Please pay attention to the obligation. The risk of 100%, even twice the number of economic compensation penalties.

46. ​​Employee resignation can be standardized

The unilateral termination of the labor contract is the right to the law. Enterprises should ensure their freedom of resignation in accordance with the law, but they should also pay attention to regulating their resignation behavior. Pay attention to the preservation of written evidence such as resignation of resignation submitted by the workers to prove whether the worker exercises the right to terminate the contract according to law. For workers' violation of the principle of honesty and trust, the labor contract is terminated before the expiration of the labor contract or before the completion of the task of the work task, which causes losses to the enterprise.

Fifth, precautions for corporate intellectual property protection

47. Research and development projects first search

Before the company's product research and development project, please be sure to pay attention to the full search of existing information. Otherwise, once the results of the independent research and development of an enterprise may have long been known about the protection of information or have already applied for intellectual property protection by others, enterprises will suffer unnecessary human and capital losses.

48. Pay attention to protection of the research and development process

During the product development process, because the R & D has not yet been completed, it is not possible to apply for patent protection. Therefore, please pay special attention to the protection of business secrets to prevent others from using research results to complete product research and development first and apply for patents first. After the product research and development are completed, please apply for business secrets through application patents or take confidentiality measures in time, otherwise it may cause the technology of the enterprise to be disclosed or apply for patent by others to apply for patents, causing losses. At the same time, according to the characteristics of different products, it is recommended that the patents, trademarks, copyrights, well -known goods, unique packaging, decoration and other methods can be taken at the same time for all -round intellectual property protection.

49. Pay attention to the production process

In the process of production, please pay attention to physical information and production processes involving business secrets and production processes to prevent unnecessary losses on others to visit, take pictures, and videos because they are not aware of confidentiality. When commissioning others to process, some business secrets of the enterprise will inevitably let the other party know, please pay attention to signing the confidentiality agreement with the other party to restrict it.

50. Pay attention to the cooperation process

Enterprises may cooperate with others in the process of technology research and development. Please be careful to make a clear agreement on the ownership of intellectual property and the rights and obligations of all parties in the relevant cooperation contracts. The negligence of unknown ownership is often very fatal, and often leads to the exclusive permits of patent technology, business secrets or the patent, and commercial secrets that the enterprise expects to obtain. Enterprises cannot obtain competitive advantages. When obtaining intellectual property rights such as transfer and permission, please be sure to pay attention to the certification documents of the transferor and permission to the user to prevent the transferor from being able to use it or the right of rights, or the rights have expired.

51. Register the trademark in time

In the process of cultivating the business logo, please pay attention to registering trademarks in time, otherwise the dedicated right of trademarks cannot be obtained. Others use the same business logo without constituting infringement to avoid being easily used by the business logos of large amounts of manpower, material resources, and funds. Essence 52. Reasonable registered trademark

When applying for a registered trademark, enterprises should try to avoid use of land names and universal products as trademarks. The design of the trademark should have significant characteristics and easy to identify, and the creation text is a better choice. At the same time, before applying for a registered trademark or registered corporate size, please be sure to pay attention to the full retrieval of the registered information of the first trademark and the company name of the same industry. Rights, or the scope of cross -category protection of other people's well -known trademarks, companies will not only suffer losses, they may also face the claims of the right holder, or face the use of stop infringement, especially stop names.

53. Pay attention to intellectual property rights of OEM

If it is an OEM processing enterprise, when undertaking an order of foreign processing customers, be sure to pay attention to the necessary review of the legitimacy of the intellectual property rights under the order item, otherwise it may lead to products that violate the patent or registered trademark rights for processing and production. Cause losses.

54. Register copying in time

Enterprises should pay attention to the protection of software, text, pictures, patterns, flower types and other works. After the work is completed, the copyright department should be registered in the copyright department in time. The electronic documents formed should be fixed as much as possible using modern network technology such as electronic data authentication and stamping timestamps as evidence of completing the time to complete the work.

55. Avoid infringement of copyright

Enterprises should respect others' copyrights, and avoid product pictures and text descriptions of other people enjoying copyrights on product and product manuals, advertising brochures, and corporate websites. At the same time, when printing product manuals and advertising albums and other enterprises, please be sure to indicate information on the date of printing and distribution, printing units, etc. This information can be used as evidence of copyright power and evidence of non -infringement defense. Cultural and creative enterprises should also pay attention to the reasonable use of other people's works in the process of creation to avoid infringement. Online service companies should also pay attention to avoid infringing on the right of online information dissemination of others, and do not provide online film and television and music works.

56. Establish an intellectual property file

It is recommended to establish intellectual property files as much as possible, and to pay attention to the preservation of the R & D record of the R & D record of intellectual property rights, payment records, intellectual property contracts, the right certificate documents provided by the other party, the original carrier of the copyright; Invoices, product models and other information are indicated when issuing invoices and delivery in order to provide sufficient evidence when conducting rights protection lawsuits or facing allegations of others' infringement.

6. Matters that should be paid attention to in foreign trade exchanges

57. Follow the "National Risk Analysis Report"

When choosing a transaction object, it is recommended to carefully analyze and study the latest "National Risk Analysis Report" released by China Export Credit Insurance Company to track the risk levels of trade -related countries or regions in a timely manner, and try not to occur with high -risk countries' trading objects.

58. Proper use of trade terms

When signing a contract for international goods, pay attention to the use of proper trade terms. Imported goods should be used for FCA or FOB, and export goods should be used for CIF or CIP.

59. Choose to apply Chinese law

When choosing laws, in order to prevent the unpredictability of legal risks, it is recommended to choose to apply as much as possible in my country or the international treaty participated in my country.

60. Select the appropriate settlement method

When choosing the import business settlement method, pay attention to the control of the settlement risk. It is generally recommended to choose a letter of credit (L/C), but try not to choose a high -risk transfer or revoved letter of credit; for the high level of customer credit, you can choose the method of receiving (D/p); If the customer's credit rating is very high, you can use the bill to collect (D/A) or the remittance (T/T) method. If you select the letter of credit (L/C) to settle in the export business, you should pay attention to preventing the incidence of credit fraud. If there is a fake document, a good charge or deliberately delivered value -free goods, it is recommended to apply to the people's court in time to apply for an application for the people's court Stop the order to prevent losses from occurring.

Source: Supreme People's Court of Justice Research Institute

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