Review And Approval Of Contracts
Contractual
Examination and approval
1. Before signing the contract, the contract must be reported according to the regulations.
Leader
Only after examination and approval can it be formally signed.
Two.
contract
The authority for examination and approval is as follows:
1. Under normal circumstances, the contract is authorized by the chairman and approved by the general manager.
2. The following contracts shall be examined and approved by the chairman.
Those with a bid exceeding 500 thousand yuan, and invest more than 100 thousand yuan in joint venture, joint venture, cooperation and foreign-related contracts.
3, the contract exceeding the company's assets of 1/3 or above shall be examined and approved by the board of directors.
Three. The contract shall be handled by the head of the Department in principle. After drawing up the draft, it must be examined and approved by the deputy general manager and examined and approved according to the examination and approval authority of the contract.
Important contracts must be examined by the legal adviser.
The main points of the contract review are:
1. Contract
Legality
。
It includes: whether the parties have the power and ability to perform the contract or not, whether the contract content is in accordance with the state laws, policies and the provisions of this system.
2, the tightness of the contract.
It includes: whether the terms and conditions of the contract should be complete; whether the rights and obligations of both parties are specific and clear; whether the expression is accurate or not.
3, the feasibility of the contract.
It includes: whether the parties, especially the other party, have the ability and conditions to fulfill the contract; the economic benefits and possible risks that are expected to be achieved; and the economic losses that may be suffered when the contract is not performing normally.
Fourteen, according to the law or actual needs, the contract should also be submitted to the higher authorities for verification, approval, or to the industrial and commercial administrative department for verification, or notarization office notarization.
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