风险控制-英文
Let customers take the standard picture better.
Risk identification and control of performance
Written by Super User.
(a) the risk and control of the performance capability of the customer
The main performance of the risk of customer compliance capacity: customer legal qualification certificate material is not perfect, the enterprise qualification level does not meet the requirements of engineering construction, enterprise financial situation is not good, the construction of enterprise experience is not rich, etc..
Any of the above problems, will likely lead to the risk of the Guarantee corporation.
Risk control measures: due diligence on the enterprise, the specific work is as follows:
L, guarantee the legal subject qualification of the applicant: including business license, legal person code card, tax registration certificate, loan card, articles of association and qualification grade, etc..
2, enterprise characteristics and management level, the operating status of the survey: including past experience, honor, organization and management information, industry and competitors, economic strength, business performance, etc..
3, guarantee the financial status of the applicant: through the field survey angle, check the physical, personnel visit, to understand the past engineering records, in the construction of the performance records and other methods to audit the financial statements of the enterprise.
4, the applicant's capacity to build, that is, the enterprise for the project in the people, financial, and material aspects of the preparations are in place.
5, through the investigation of third parties: through the construction of the competent departments, banks, business, tax and court and other units of the visit, to further understand the real business situation of enterprises.
According to the information collected from the survey, the division of the enterprise performance ability to score, determine the level of enterprise performance ability, determine whether to cover.
(two) process control risk and its control
In the construction process of neglect of investigation and the lack and construction supervision mechanism for the exchange of information, thereby ensuring people can't timely detection of problems, resulting in the original is possible in a timely manner to resolve or prevent defaults to the reality of the compensatory.
Construction supervision unit is the most important bridge between the owner and the construction unit, as the independent and professional third party, directly to the construction progress, construction quality and other important performance factors, these opinions for Guarantee Corporation to understand the construction process, the risk and the risk of evidence, claims and other links provide an important basis, in the process of engineering construction supervision and guarantee the effective combination, can effectively for each participating in the process to the results of the complete firewall.
Therefore, it is recommended that the company sent to the construction site to the construction site, consult the supervision of the company, to participate in the relevant engineering meetings, as soon as possible to find the problem, solve the problem.
(three) risk and control of the security measures
When the inevitable breach of the contract, the contractor, due to improper settings of the anti security measures, the disposal of the weak, so that the loss of the Guarantee corporation could transfer to change their own.
Control: through the combination of the project, such as the deposit, the property mortgage, the pledge of stock rights, the pledge of intangible assets, the personal unlimited liability, the third party guarantee and so on, as far as possible to improve the cost of the applicant's breach of contract, to avoid the risk of subjective default.
The success of the counter guarantee measures to grasp the core assets of the guarantor, to avoid the moral hazard of the guarantor, and once the breach of contract, it can be through the disposal of the Guarantee Corporation to minimize the risk of the.
(four) human resource risk
On the one hand, because of the lack of professional talents or lack of training and learning, the project can not be completed successfully; on the other hand, it is the lack of professional ethics, the management of the Guarantee corporation.
Control measures: it is recommended that the company implement the system of double - Implementation of due diligence, at least by the project manager A angle and product manager B angle of two people, at the same time, A angle, B angle from different angles independently published comments and the authenticity of the submission of information. A, B angle independent review system reduces the risk of the project managers to investigate the cause of the lack of moral factors or false.
Basic legal knowledge of engineering guarantee
Written by Super UserOn the legal knowledge of the legal knowledge of the project of the Company limited by guarantee of Shenzhen City
The engineering guarantee includes the engineering bid guarantee, the project performance guarantee and the project payment guarantee. The following brief introduction:
(a) the basic concept of project security (Shenzhen City financial investment Company limited by guarantee)
1, the concept of the bid security
Bid security is provided by the guarantor to the tenderer to ensure that the bidder shall participate in the bid invitation in accordance with the provisions of the tender documents. The Bidder withdraws the bid documents within the validity period of the bid, or does not provide a performance guarantee after the successful bidder does not sign the construction contract, or does not provide a performance guarantee, the guarantor shall perform the obligation of guarantee in accordance with the contract.
2, the concept of performance guarantee
Performance guarantee is provided by the contractor to the employer or to the general contractor for the contractor to ensure that the contractor or subcontractor shall perform the obligations stipulated in the contract. Performance guarantee is divided into many kinds:
The first is a comprehensive performance guarantee, that is to say, as long as the guarantor (contractor or subcontractor) fails to fulfill the obligations under the contract, such as the quality is not qualified, not on time, and so on, to ensure that people assume the responsibility for the performance or compensation.
The second is a single performance guarantee, mainly including:
A, quality assurance is the quality of the project is not qualified, the guarantor to assume responsibility for a guarantee;
B, the completion of the guarantee: is to ensure that the contractor to ensure the completion of the project in accordance with the plan.
C, guarantee guarantee: it means that the guarantee of the contractor in the warranty period to fulfill the warranty obligations.
D, advance payment guarantee guarantee: refers to the guarantee that the contractor will advance payment application in the construction of the project, the guarantee is paid by the construction contractor, in general, after the start, the owner (Jia Fang) general to the contractor to provide 30% or so of the advance, in this case, the owners worried that the Contractor does not put in the project, or abuse, which requires the contractor to provide a guarantee, to prevent the occurrence of such incidents.
There is also a kind of guarantee, the actual in the project procurement often occurs, is the supplier performance guarantee, this kind of guarantee is the guarantee that the supplier in accordance with the supply contract to fulfill the obligation of delivery of goods. Ensure the quality of the goods on time, guarantee the quality and ensure the guarantee.
3, payment guarantee (payment guarantee) concept
Payment guarantee is provided by the contractor to the contractor, or to the contractor, or to the contractor, the contractor, the contractor, the contractor, the contractor, the contractor, the supplier of materials and equipment, the construction worker to pay the cost and price, and the guarantee of the wages and other payments.
The common payment guarantee mainly includes four types:
The first one is the payment guarantee, which is submitted by the employer to the contractor, and the guarantor shall guarantee that the project shall be paid in accordance with the contract;
The second one is the payment guarantee provided by the contractor to the subcontractor, which is paid by the contractor to the subcontractor in time;
The third one is the payment guarantee provided by the contractor to the material supplier, which shall be paid by the contractor in accordance with the contract;
The fourth one is the payment of the wages paid by the contractor or the employer of the contract, which is guaranteed by the contractor or the employer (the owner).
4, credit certificate
Credit certificate business refers to the bank in accordance with the requirements of the applicant, in the form of bank credit certificate, to the tender, when the applicant (bidder) bid, in the successful project construction process, the bank to provide its commitment to support the project in the amount of the required credit support of a legal instrument.
Credit certificate business is suitable for the enterprise to participate in the construction bidding.
Credit certificate business, bid guarantee, performance guarantee is generally Guangdong Province bidding (such as Shaanxi, Yunnan) process, the tender requirements (construction enterprises) bidder submit the credit provide proof, you can participate in the tender, later need not provide performance guarantee.
(two) the maximum amount of project guarantee and guarantee period (Shenzhen City financial investment Company limited by guarantee)
1, the maximum amount of the bid guarantee, guarantee period
According to the current state and Shenzhen city law, the amount of the bid security is not more than 2% of the total price of the project, and no more than 800000 yuan.
Current practice practice generally in accordance with the total price of 2% calculation, such as the calculation of more than 800000 yuan, the amount of the guarantee by 800000.
During the period of validity for the period of 28 days for the period of validity of the period of bid validity. The period of validity of the tender shall be stipulated in the tender documents as of the date of the tender.
2, the maximum amount of performance guarantee, guarantee period
According to the current state and Shenzhen city law, the amount of the performance bond is generally not less than 10% of the bid price, but to take the lowest bid method, the amount of security is not less than 15% of the bid price.
The current operation, in addition to the above provisions, such as price and between the base price difference exceeds in price 10% or 15% (the lowest bid method), many take the shortfall guarantee way, is the amount of the guarantee is the difference between the price and the price.
Under current law, the guarantee period ended during the engineering construction contract agreed by the completion of the project qualified after the date of 30 days to 180, but according to the provisions of Shenzhen City, guarantee period ended during the engineering construction contract agreed projects completed on the quality, the current Shenzhen operation according to the general provisions of the Shenzhen operation.
3, the maximum amount of payment guarantee
The performance guarantee and payment guarantee are generally open to the owner, and the owner is also paid to the contractor to pay the guarantee, and the amount of the payment and the amount of the performance guarantee is generally equal.
Payment of the date of payment of the letter of guarantee for the date of the actual payment of the project.
So, relatively speaking, the payment guarantee period is longer, the greater the risk.
4, credit certificate
Credit certificate of the amount of the bid price is generally 10%, the highest bid price is not more than 30%. Credit certificate period is generally 30 days, the maximum not more than 3 years.
(three) project guarantee (Shenzhen City financial investment Company limited by guarantee)
In accordance with the provisions of the Ministry of construction, the project guarantee can be general guarantee, joint guarantee.
The so-called general guarantee, that is to say, the guarantor must first find the guarantor to bear the responsibility, only after the litigation, arbitration and so on, the means of implementation, is to ensure that people still can not fulfill the obligations of the guarantor, the guarantor claims responsibility.
The so-called joint and several guarantees that the guarantor can not only require the guarantor to assume responsibility, but also at the same time to ensure that people assume responsibility.
Whether the general guarantee or joint and several guarantee, the guarantee of the person's right to claim the right of defense.
But in Shenzhen city has clearly ruled out for a general guarantee liability, although the provisions of the suretyship liability of the guarantee for joint guarantee, but also clearly stipulates Shenzhen engineering guarantee for demand and irrevocable guarantee. This kind of guarantee is actually an independent guarantee, that is, as long as the guarantor in accordance with the terms of the guarantee to provide the corresponding proof, to ensure that people do not ask the people to fulfill their obligations, they must assume responsibility for the guarantee. In such an independent guarantee, the guarantor shall not interfere with the basic relationship between the guarantor and the guarantor, and may not claim any defense outside the guarantee.
At present, the practice of the operation in Shenzhen are independent guarantee. Otherwise, the construction bureau is not for the record, but also not issuing construction permits.
(four) a form of guarantee and qualification of the guarantor (Shenzhen City financial investment, investment Company limited by guarantee)
At present, in Shenzhen, guarantees in the form of: cash deposit guarantee, bank guarantee, bank acceptance, acceptance notes, Paul pay by cheque (such as Dongguan permitted), security company guarantee, insurance company guarantee (in Dongguan and other places).
Can be seen, the current has the qualifications of a bank, Guarantee Corporation, insurance companies (such as in Dongguan).
Here, we need to say that the company guarantee, a lot of local construction enterprises and engineering, the relationship is good, Party A only requires the Guarantee Corporation to bid, performance, payment guarantee, Guarantee Corporation issued by the general charges for the lower, generally only 3/1000 to 8/10000, and bank compliance, payment guarantee generally reached three to two percent. This piece of business market is very big, the company's leadership can consider to develop the business, but to pay attention to choose the strength of the relatively strong security companies.
(five) guarantee responsibility (Shenzhen City financial investment Company limited by guarantee)
1, the guarantee liability conditions
(1) in the case of any of the conditions in which the bid bond is to be guaranteed, the guarantor shall bear the responsibility for the guarantee.
First, the Assured shall withdraw the bid within the validity period stipulated in the bid invitation documents;
Second, is the guarantee of the successful bidder or not to sign the construction contract;
Third, the person in the bid after the successful refusal or failure to provide a performance guarantee.
(2) the conditions for the occurrence of a performance guarantee
Notice of a written claim for the guarantee of the signature and seal of the company and the beneficiary.
(3) the conditions for the payment of the guarantee
A written claim notification that the guarantor receives the signature and seal of the beneficiary.
(4) the conditions for the occurrence of the legal liability of credit
The guarantor is unable to carry out the contract and the credit support is needed.
2, specific guarantee responsibility
(1) the responsibility of the bid security
In theory, the bid security responsibility is in the maximum amount of guarantee,
A, the bid invitation to tender; or
B, the difference between the price and the price in the price and the second in the payment;
C, pay bid bond.
Now Shenzhen operation is that the beneficiary of the payment of the amount of the bid to ensure that the people directly.
(2) the responsibility of a performance guarantee
The Contractor shall, for the reason of the non - owner and fail to fulfill the obligations stipulated in the contract of the construction contract, the Contractor shall, in accordance with the following ways, fulfill the obligation to ensure that:
A, providing funds, equipment or technical assistance to the contractor to enable it to continue to perform its contractual obligations;
B, directly take over the project or other contractors agreed with the consent of the owners, to continue to fulfill the contract obligations, the owners are still in accordance with the original contract to pay the project, beyond the original part of the contract, to ensure that the amount paid by the;
C, in accordance with the contract, in the scope of the guarantee, to pay compensation to the owners.
In practice, the operation is generally as follows: the beneficiary to the guarantor to pay compensation, of course, no more than the maximum amount of compensation.
(3) payment of the guarantee
Payment to be paid, the maximum not exceeding the amount of the guarantee.
(4) credit certificate guarantee responsibility
Provide credit funds to the contractor for the construction of the project. Of course, the possibility of providing credit is extremely low.
Business process control and operation procedures
Written by Super UserChapter I General Provisions
The first article is to regulate the project guarantee of the Company limited by guarantee (hereinafter referred to as the financial security), and to improve the quality of the work of the project guarantee business.
Article second financial security business will strictly abide by the state laws and regulations, follow the principle of equality, voluntary, fair and good faith.
Second chapter guarantee business process
Article 3 engineering guarantee business program: engineering guarantee application engineering guarantee acceptance -- the investigation of engineering guarantee project engineering security audit, signed entrust contract guarantees (bid guarantee except charging premium and margin (bid bond roor) -- premiums the Ministry of finance, Invoicing -- the implementation of counter guarantee measures -- to send data to the bank (with the exception of the company guarantee) -- bank / company guarantee -- guarantee during management, renewal -- termination guarantee, letter of surrender -- evaluation of engineering guarantee guarantee - filing
Third chapter guarantee application
Fourth guarantees the applicant to fill in the "application for the project guarantee", and to provide the following information to the financial:
Qualified conditions of project content
1 enterprise business license legitimate business
2 enterprise information is true and effective
3 enterprise qualification level to meet the requirements of the project
4 financial statement of financial position
Three the performance of the contract shall be terminated, disputes, disputes, disputes, arbitration proceedings and proceedings shall be recorded in the 5 years of the performance of the contract.
6 tender documents in line with the provisions of real and effective
7 other documents required to be provided
Note:
1, the information provided are copies, but at the same time to provide the original preparation;
2, the information provided by the official seal;
3, the legal representative of the legal representative of the legal representative of the legal representative.
Fourth chapter project guarantee acceptance
Fifth project managers should receive the information from the date of two days to the customer to apply for information on the form of a comprehensive review, review
Through, to the applicant issued "project of the security information notification of acceptance, the acceptance notice stated that details, then its and the application, the applicant to provide the data after finishing bound volumes.
The fifth chapter of the security project survey
Sixth projects from the project manager A, B project team composed of project investigation team to investigate the project, the project guarantee the applicant to fill in the project guarantee comprehensive survey, the preparation of the project guarantee survey report, in the report should be clear to the investigation team's investigation, the head of the project is responsible for the first instance, by the company's risk audit department approval.
The sixth chapter project guarantee audit
Article seventh of the guarantee amount of five million yuan following the project, by the auditor (including economic auditor and legal auditor) audit, and then to the responsible person in charge of approval, and finally by the company's business director, general manager for review, after the nuclear pass, to the bank to deliver project information, such as the company guarantee project, directly to the customer to issue a letter of guarantee.
Article eighth for the security of the amount of five million yuan or more projects, risk auditor (including economic auditors and law
After the initial audit of the law auditor, the responsible person, the project sponsor, the company's business director, general manager of the company, the company's president, the review will be reviewed by the president's final signature confirmation, to the bank to deliver the project information, such as the company guarantee project, directly to the customer to issue a letter of guarantee.
Above all departments audit opinion are required to fill in the "engineering security assessment form".
The seventh chapter is the guarantee contract
Article ninth in the project security review, financial through the Guarantee Corporation and the client signed a corresponding contract of guarantee,
"Counter guarantee contract".
Before signing the contract, the contract blank is filled out by the applicant, then the legal Auditor / legal consultant for the corresponding "entrusted security contract" and the sub "anti guarantee contract" for review, and put forward a written audit opinion, the audit through the applicant and financial Guarantee Corporation signed. After signing the contract, the Ministry of construction of the project is to fill in the registration form of the contract of the project.
The eighth chapter is the premium
Tenth premium is generally in accordance with the amount of the guaranteed amount of the guarantee rate.
Guarantee rate charged to the comprehensive security project, the applicant and the project guarantee market conditions, both to maintain the relative stability, but also to reflect the flexibility of the situation changes.
The ninth chapter is the implementation of the measures against security
The eleventh financial guarantees that the client is required to provide a counter guarantee of not less than the amount of the guarantee. The way of the counter guarantee includes: the deposit (or bank guarantee), the mortgage, the pledge and the third guarantee. The amount of margin accounts for the proportion of the amount of guarantee stipulated in the anti trust guarantee contract "in".
Twelfth if the deposit is guaranteed, the company shall be carried out to the company's margin account (the company's security project or bank guarantee project) or bank deposit account (bank guarantee);
Such as real estate, machinery and equipment, such as mortgage or pledge, for the corresponding mortgage, pledge registration procedures.
The tenth chapter is to submit the information and guarantee
Thirteenth if the company guarantees, the bond is guaranteed by the letter of guarantee:
1, the Commission and the financial security of the guarantee contract signed;
2, the client to pay the deposit, the use of other anti - security approach to the signing of the "anti - security contract," or "anti - security contract," and for the relevant procedures;
3, pay premium;
4, financial bond guarantee issued by the letter of guarantee. Before the issuance of bonds, the company shall submit a letter of legal audit to the guarantee of the letter of guarantee, and issued a written opinion, after the audit, and then seal the letter of guarantee.
Guarantee two copies, a copy of the applicant, the receipt issued by the company, another one from the bottom.
Fourteenth if the guarantee for the bank, in the signing of the "contract of guarantee contract" and "the anti - guarantee contract", the project manager to the bank to submit information.
After the bank agreed to guarantee, business manager with the customer to the bank to pay the premium, letter of guarantee issued by the bank, by a business manager a copy of a company duplicates that will be sent to the applicant the original hereof, the issue a receipt.
Management during the eleventh chapter
Fifteenth financial guarantees will be the guarantee of the project to implement the full track and risk warning mechanism, the project may appear in the problem of reasonable suggestions and solutions. If necessary, financial security can provide funds and professional support to the clients, assist them in the performance of the contract, to avoid the loss of the project and claims.
After sixteenth, the tracking and supervision mode is divided into the following regulation. Executive by the project manager or risk management department. After tracking supervision, should fill in the "post insurance tracking supervision project list", in order to help the company to control the basic situation of the project guarantee.
After tracking supervision, should fill in the tracking supervision, divided into normal, early warning and dangerous three levels, corresponding to take treatment measures.
The twelfth chapter renewal
Article 17 If the applicant in unison general guarantee has been secured for the project need renewal should be fill in the application form for extension of the guarantee, unison general guarantee for the project performance situation, the information of the applicant and other audit, after examination and approval, require customers to pay the renewal premium, letter of guarantee or submitted to the bank data.
The thirteenth chapter of compensation and compensation
Article eighteenth if the beneficiary of the project, according to the beneficiary of the claims, the organization of the relevant personnel to conduct in-depth investigation, fill in the "construction of the claims questionnaire", the preparation of the "project security claims investigation report". Compensation to the beneficiary.
After compensation, be a guarantor to issued notice "compensation" and "recovery notice, require the guarantor and counter guarantee in accordance with the contract to fulfill the corresponding obligations.
Chapter 1 General
The first article is to strengthen the effective management of the security of the company to set up the security of the company, and standardize the company's counter guarantee, improve
Second the ability to prevent risks from the source of repayment, according to the people's Republic of China national law, the people's Republic of China Security Law and other relevant laws, regulations and the company's relevant regulations, formulate this approach.
The term "counter guarantee" as mentioned in these Measures refers to the guaranty provided by the company to the company to ensure that the company shall bear the responsibility for ensuring that the company is to ensure that the company is to provide a guarantee to the creditor.
In this way, the term "counter guarantee management" refers to the comprehensive and systematic management of the company, the management and the management of anti guarantee, the management and disposal of the assets, the management and the management of the counter guarantee.
Third of the company to accept the debtor to provide credit guarantees to the creditor, the debtor or the third person to provide the company with the exception of the company's license, the company approved.
Fourth according to the provisions of the state law and the real environment of the security industry, the company guarantees the business of the counter guarantee measures for the guarantee, mortgage, pledge and other commercial reverse guarantee.
According to the characteristics of the security industry and the characteristics of the enterprise, the company determines the actual situation of each security business, and the combination scheme of the security is determined by the company.
The company set up the counter guarantee, generally to be the guarantee enterprise tangible assets of the (Qualitative) charge way, with intangible assets, rights (benefits) pledge and other guarantee way. For small and medium enterprises with weak anti guarantee, the legal representative of the company shall bear unlimited joint and several liability for the debts of the company.
The fifth companies set up the counter guarantee should follow the five principles:
(a) the legal and compliance principle, namely, the anti collateral for the national law to allow for the setting of the security of assets;
(two) the principle of the realization of the circulation, that is, the market acceptance of the anti collateral, has a wide range of liquidity, can be realized through the market;
(three) the market pricing principle, namely, through the market to determine the true value of the anti collateral;
(four) the implementation of the operational principle, in the form of the relevant laws and regulations, to set up an anti - collateral, in order to ensure that the anti - collateral can be disposed of;
(five) the principle of the interests of the debtor, that is, the setting of the anti collateral, must be able to touch the vital interests of the debtor, in order to force the debtor to perform his or his trustworthiness.
The sixth approach applies to all kinds of company's security business, the company applies to all departments.
The second chapter is the way and content of the anti guarantee
The first section of the counter guarantee
The seventh counter guarantee guarantee is that the company and the anti - guarantee agreement, when the guarantor can not fulfill the debt, the anti - Security guarantor in accordance with the agreed performance of the debt.
The eighth counter guarantee that the guarantor can be divided into two categories, one is legal person or other economic organization, the two is a natural person. The former as a guarantor, not in accordance with the provisions of the loan bank guarantee conditions, loan banks will not accept; as a guarantor, the company in the review and identification should be very cautious. The latter, as a guarantor of the counter guarantee, is a joint liability of the guarantor, which is often used in the anti guarantee of private small and medium-sized enterprises. The ninth legal persons or other economic organizations shall have the following conditions:
(a) holding the legal person's business license and certificate of credit (card) after the annual inspection;
(two) through the registration and a fixed place of business;
(three) no bad credit record of the enterprise;
(four) the rate of assets and liabilities is less than 70%;
(five) normal production and operation, profit;
(six) the owner's equity should be greater than the net value of the fixed assets;
Tenth natural persons as the conditions for the assurance of the counter guarantee:
(a) with full capacity for civil conduct, good personal credit, no civil or criminal record;
(two) the legal representative or senior management of the enterprise to be secured;
(three) the legal representative of the enterprise which is secured or has an interest in the security enterprise and the natural person having a capacity to discharge the debt.
Eleventh the following units or organizations can not be used as a counter guarantee:
(a) state organs at all levels;
(two) the public interest in the public interest for the purpose of the school, kindergarten, hospital, etc.
(three) the functional departments of the enterprise legal persons and the unauthorized branches.
Article twelfth the company shall make the following review of the counter - guarantee:
(a) to examine whether the guarantor has the legal requirements of the subject qualification;
(two) the review of the guarantee that the person has a bad loan, interest in the interest and other non performance of the contract obligations, etc.;
(three) review the financial strength of the guarantor's net assets, fixed assets and long-term investments;
(four) examine the operating conditions of the technical level, product market share, etc.;
(five) review of the assurance of the guarantor;
(six) review of economic incentives to ensure that the performance of persons and their relationship with the secured enterprise;
(seven) to examine the quality, quality, and performance of the leader of the guarantor.
Article thirteenth the company shall sign a counter guarantee contract with the counter guarantee that it is deemed to be deemed to be a contract, and the contract shall be stipulated in the contract that the guarantor shall bear joint and several liability.
Article fourteenth of the same item in the installment loan guarantees, the company may and the counter guarantee that the person on the single loan guarantees respectively to sign the "the counter guarantee contract", but also in the maximum loan amount
Chapter 1 General
.
Article 1 for the maintenance of Shenzhen unison Investment Guarantee Co., Ltd. (hereinafter referred to as "the company"), seal engraving, custody, and the legality of the use, seriousness and safety, from the listed company operating norms of, avoid the seal management irregularities, in order to effectively safeguard the interests of the company formulated the system.
Second the system of this system refers to the seal of the company, the legal representative seal, the seal of the contract, the financial seal, the seal of the board of directors and the board of supervisors.
Third the system applies to the company's documents, letters, authorization letter, documents, certificates, financial statements, statistical reports and foreign signed contracts, agreements and other documents to be used in the seal.
Fourth company chairman Licensing companies seal, the official seal of the company's office is responsible for the management and use of the company's office, general manager of the company authorized financial management and use of the company's finance department. Other seal of the seal is authorized by the general manager of the company for the management and use of the relevant departments. The seal of the board of directors and the board of supervisors shall be responsible for the management and use of the office of the board of directors, the chairman of the board of supervisors, the chairman of the board of directors of the board of directors of the board of directors of the.
The second chapter seal engraving and opening
The fifth seal engraving by engraving department person in charge according to the work need to apply for engraving of the seal (due to institutional changes need to seal engraving, replacing the old seal shall be by the old seal intact), agreed to by the system of the four authorized person, report to the manager for approval, by the office of the company is responsible for.
Sixth new seals to stamp, and sample preservation, for future reference.
The seventh seal in advance and enable enable notification, indicating the opening date, issuance of units and the use range and enable impression.
Collection and storage of the seal of the third chapter
Article 8 the company seal respectively under the seal of the administrative departments responsible person to receive and by the Department seal member safekeeping and used in accordance with the provisions, and shall not be lent to others. The seal of the company's board of directors and the board of supervisors shall be kept by the Secretary of the board of directors, the chairman of the board of supervisors or the person in charge of the board of directors of the board of directors.
The nine stamp collector before work every day should be a seal check is complete, and the seal lock them in the safe, safekeeping, shall not be seals are stored in the desk; the next day to go to work, should first check the custody seal safe or unusual, if discover the accidental circumstances should be reported immediately.
Article 10 the stamp collector for things, sick, vacation and other reasons not in position, the seal of the authorized person shall designate others escrow seal, the seal is in charge of personnel to handover to the escrow staff, replacement seals the matters needing attention. In charge of personnel after normal work, the escrow staff should be to specialize in the transfer of personnel work, registration seal up and ending dates, tube printing personnel registration system is implemented, to a clear responsibility to implement. Handover work, should be strictly for the handover procedures, registration, the date of the tube seal, the seal type and number of management. The signature of the person in the transfer, the signature of the authorized signature of the seal is reserved.
The eleventh seal member shall seal management as part of the transfer of the work of staff turnover. The seal member turnover, shall be in charge of the seal of the transfer formalities before the separation procedures.
Twelfth special reasons for the need to stop the seal, the chairman decided and signed consent, the company's office will disable the reasons, time to notify the relevant departments of the company, and to recover the seal cut off the seal or destroyed.
The thirteenth seal staff should adhere to the principle, abide by the confidentiality provisions, strictly to india. Not according to the approval authority to affix an official seal or seals content error, the stamp collector not affix an official seal; Attn to seal overseeing personnel audit seals content and stamp collector can be refused to affix an official seal and report to the leadership process.
The fourteenth seal specialized personnel are not allowed to use, once discovered, serious processing.
Article 15 the seal of the company, the legal representative of the seal of the person, financial seal, contract seal, seal the seals of the documents, materials, accessories and seal signed number of single as the credentials of the use of seals preserved by the seal member. At the end of the year after finishing the pay Office filing. The board of directors of the company seal, the board of supervisors seal seals the documents, materials, accessories and seal signed endorsement as the credentials of the use of seals by the directors of the company will office, supervisors will office were filing.
The use of seal of the fourth chapter
The use of the sixteenth seal:
(a) in the name of the company issued in document shall be by the legal representative of the company or its authorized the issuance of the approval of original documents of the use of seals.
(II) authorizing the accessories (such as various types of business reports, etc.) by posting and according to the defined units sent to the annex, the number of seals.
(3) foreign signed the contract or agreement, in accordance with the provisions of the articles of association of the company and corporate contract management procedures for examination and approval, eventually the legal representative or his authorized agent in the contract or agreement signed before the seals.
Foreign company submitted to the various business report (financial statements, statistical statements and other required company chop text shall be handled according to procedures of the use of seals.
(five) company uses the stub class introduction letters, memos, authorization power of attorney and issued to strictly fulfill the formalities of examination and approval, shall be according to the authority by the corresponding leadership signed batch rear can be issued, the issue shall be required to fill out a serious and stub, is strictly prohibited in the blank introduction letter, blank memo, blank documents, blank authorization