合同管理

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吉林高速: 吉林高速公路股份有限公司合同管理办法
Zheng Quan Zhi Xing· 2025-08-27 13:17
Core Points - The article outlines the contract management measures of Jilin Expressway Co., Ltd. to standardize contract management, prevent and control contract risks, and protect the company's legal rights [1] - The measures are based on relevant laws and regulations, including the Civil Code and the basic norms for internal control issued by the Ministry of Finance [1] Summary by Sections Definition of Contracts - Various types of contracts are defined, including purchase contracts, construction contracts, loan contracts, lease contracts, and service contracts [2] - Major contracts are defined as those exceeding 500,000 RMB for the company and 2,000,000 RMB for subsidiaries [2] - Minor contracts are those under 100,000 RMB, while general contracts fall between major and minor [2] Contract Management Procedures - The company implements a system of contract management that includes a responsible person system, review system, and filing system [2] - Contracts must be reviewed by the company's legal advisor before being signed [2][3] - The management of contracts involves multiple departments, and each department must provide review opinions based on their responsibilities [4] Responsibilities of Departments - The legal compliance department is responsible for managing contract affairs and ensuring compliance with laws and regulations [3] - The finance department provides opinions on financial matters related to contracts and supervises the collection of receivables [4] - The audit department conducts regular audits of contract processes [4] Contract Signing and Approval - Contracts requiring board or shareholder approval must follow the appropriate decision-making procedures [3][10] - Contracts must be signed by authorized representatives and stamped with the company seal [9][10] Contract Execution and Monitoring - The responsible person must organize the execution of the contract and maintain records of performance [12] - Departments are required to establish a legal dispute warning mechanism and regularly check the performance of contracts [12][17] Handling Changes and Disputes - In cases of contract changes or disputes, the responsible department must negotiate with the other party and follow the established procedures [14][15] - If a party breaches the contract, the company can pursue penalties or compensation as stipulated in the contract [15][16] Documentation and Archiving - All contract-related documents must be properly archived and managed according to company regulations [16][17] - The company must conduct regular evaluations of its contract management practices and provide feedback for improvement [17][18] Compliance and Accountability - The company emphasizes compliance with laws and regulations in contract management and holds responsible parties accountable for violations [18] - The contract management measures are subject to review and revision by the audit and legal compliance departments [18]
海陆重工: 合同管理规定(2025年8月)
Zheng Quan Zhi Xing· 2025-08-25 16:31
合同管理规定 苏州海陆重工股份有限公司 合同管理规定 第一章 总则 第一条 为规范苏州海陆重工股份有限公司(以下简称"公司")合同管理, 维护公司合法权益,根据《中华人民共和国合同法》及有关法律、法规的规定, 结合公司实际情况,特制定本规定。 第二条 公司合同实行公司统一管理、分级负责,即公司总经理、归口管理 部门(经营计划处)和合同经办部门三级负责。分公司由经理、归口管理部门(办 公室)和合同经办部门负责。 第三条 公司合同实行制度化管理,建立法律法规学习制度、合同管理机构 和人员岗位责任制度、法人授权委托及合同签订前评审制度、合同签订履行变更 和解除制度、应收帐款追收管理制度、失信及违法行为责任追究制度,确保合同 管理正规有序。 第四条 公司经营计划处为公司合同管理机构,负责组织修订本规定和制定 相关制度,组织学习合同法律法规条例,培训合同管理员业务,检查指导督促本 规定的执行,从组织上保证本规定的落实。公司控股企业亦应成立相应管理机构, 负责本公司合同管理。 第五条 公司各职能部门、内部核算单位与本公司以外的单位签订合同须遵 守本规定。 公司控股企业与本公司以外的单位签订合同原则上按照本规定执行,可结合 ...
济民健康“萝卜章”谜案
Jing Ji Wang· 2025-05-16 08:36
Core Viewpoint - The company, Jimin Health, is facing significant financial losses due to a scandal involving the forgery of company seals by its vice president, He Qinghong, which has led to legal disputes with distributors and a projected loss of 28.32 million yuan for 2024 [1]. Financial Impact - Jimin Health reported a net profit loss of 59.71 million yuan for 2024, which is similar to the previous year's losses, and the expectation of reducing losses by approximately 50 million yuan has not materialized [1]. - The sales revenue generated by He Qinghong's team amounted to approximately 117 million yuan, representing about 7% of the company's total revenue during 2023 and 2024 [5]. Legal and Management Issues - The company is under scrutiny for its internal control and management practices, particularly regarding the unauthorized signing of contracts by a high-ranking executive [5][6]. - Legal experts suggest that the contracts signed under the forged seals may still be considered valid, placing the company at risk of having to fulfill its obligations to the distributors [8][9]. Company Response and Future Measures - Jimin Health has stated its intention to improve governance and internal controls to prevent similar incidents in the future [5]. - The company has terminated He Qinghong's employment following the revelation of the scandal [4]. Contractual Obligations - The disputed supplementary agreement allows distributors to return products and claim a 10% compensation for funds occupied if sales targets are not met within a specified period [7]. - Legal opinions indicate that the company may be held liable for the actions of its employees, even if those actions involve criminal misconduct [8][9].