英文版法律顾问手册-合同管理办法
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法律顾问合同协议书英文版文件编号TT-00-PPS-GGB-USP-UYY-0089Beijing YingKe Law FirmCONTRACT ON RETAINING LEGAL COUNSELParty A:Address:Telephone:Fax:Party B: Beijing YingKe Law FirmAddress: 6th Floor, Tower C, Dacheng InternationalCenter, No. 76, East 4th Ring Middle Road,Chaoyang District,Beijing, 100124 Telephone:Fax:Party A would like to retain Party B as its legal counsel, according to " Law on Legal Counsel of the People's Republic of China" The two parties through consultation hereby agree upon, and shall be bound by, the following terms:Article ⅠParty A will designate 【】, as the lawyer employed by B, to work as A's legal counsel. 【】 will provide legal assistance and protect A's interests vested by law. Article Ⅱ Party B’s scope of responsibilityⅰ.Answer questions on legal issues from Client and give opinions or any advice on such issues;ⅱ. Upon the client’s request, Party B shall participate in commercial negotiations, in which Client is a party,and be concerned with drafting, modification,reviewing and examination of the legal documentssuch as contracts and agreements or preparing legal documents that is needed in the negotiations;ⅲ. Provide economic and legal informa tion pertain to the business operation of the client;ⅳ. Represent the client in the litigation of criminal, civil, economic and administrative cases; offer strategic legal advice in litigation and arbitration as a legal advisor, preventing or negating legal risk;ⅴ. Help to set up and organize files of legal documents and alarm any legal risk;ⅵ.Render legal consultancy for business operation and management of client;ⅶ. Participate in important economic activities of client, offering all follow up services if necessary;ⅷ. Provide legal documents such as legal opinion, lawyer’s advice, lawyer’s testimony and lawyer’s letter etc;ⅸ. Credibility investigation upon request: investigation on the entity qualification, business registration, legalstatus, true identity, background, status quo ofbusiness operation and management and assetsstatus of the cooperation partners and clients of client;ⅹ.Upon Client’s request, Party B should research, gather and explain any related law, rules, andregulations, and provide practical operationalguidelines for the clients;xi. Party B may sign, send and deliver legal documents with the authority of the clients;xii. Other services after negotiation and agreement by the two parties.Article Ⅲ Party A’s Obligationsⅰ. Party A shall provide convenience to legal counsels appointed by Party B and specially appoint a person to keep regular contact with the counsels of Party B;ⅱ.?Party A shall offer chances to the counsels appointed by Party B for attending client’s business meetings that are concerned in order that Party B can renderbetter legal services;?ⅲ. Party A should comprehensively, objectively provide information, materials and/or documents regardingthe legal affair to Party B within a reasonable time;ⅳ. Party A has the responsibility to make independent judgments and decisions. Party B shall not beresponsible for any loss incurred by Party A that is not caused by the negligent advice of Party B.Article Ⅳ Party B’s Obligationsⅰ. The Party B accepts the authorization of the Party A and assigns lawyer 【】as the attorney to deal with Party A’s legal affairs;ⅱ. The attorney assigned by Party B should take full responsibility toParty A’s legal affair stipulated in Article Ⅱ;ⅲ. Party B attorney should make the best efforts to maintain Party A’s benefit by making judgmentbased on the law;ⅳ. Party B attorney must complete Party A’s legal affairs promptly after obtaining the materials provided byParty A;ⅴ. The attorney acting for the Party B shall not deal with another party in a transaction or a dispute, withoutthe agreement of Party B, if the other party’s interest conflicts with Party B;ⅵ. The attorney actin g for Party B has an obligation of not disclosing any trade secrets to a third party,unless agreed by Party B or sanctioned by law;ⅶ. Party B shall keep a record of Party A’s services; the record must have a complete log of Party A’s services, along with the original evidences, legal documents or any belongings which should be kept properly.Article Ⅴ retaining fee and work expenseⅰ. The retaining fee is【】 yuan;Methods of payment:【】.ⅱ. Party A shall bear the cost incurred by the appointed lawyer of Party B during the course of business. The cost that shall be borne by Party A is included in the list, the list is not exhaustive and the cost that shall be bore is not restricted by the list. The list consists of:The commission of survey, certification fee, translation fee, outstation expenses (food, travel andaccommodation).Party B shall disburse the expenses upon agreeing with Party A.Methods of payment accepted: 【】 .Article Ⅵ Termination of the contractⅰ. Contract may be terminate d by mutual agreement after consultation;ⅱ. If the contract is terminated before consultation:a. If Party B’s appointed lawyer is replaced arbitrarilywithout the agreement of Party A, Party A mayterminate the contract if, by the result of thereplacement, Party A suffers significant loss or drop in quality of work;b. If Party A suffers a loss because of Party B’s delayand dereliction of duty, Party A may terminate thecontract;c. If Party A suffers an important loss in document that iscause d by Party B’s negligence in security obligation and disadvantageous legal opinion, Party A mayterminate the contract;d. If Party A has not paid the agreed fee to Party B in thestipulated time and after Party B has served a notice to Party A regarding this matter, Party B may terminate the contract if Party A still does not pay within thetime given in the notice.Article Ⅶ Liabilities for Breach of Contractⅰ. The Parties shall strictly abide by this Contract and shall not unilaterally terminate this Contract beforethe expiring date of?this Contract; otherwise thedefaulting party shall pay the non-defaulting party a penalty which is equal to the proportion of retainingfee for the remaining term of this Contract;ⅱ. Party A shall be liable for any dam age caused by Party A’s failure of providing the legal advisor withnecessary information or materials concerned in time;ⅲ. If Party A fails to pay the attorney fee on time, Party B shall have the right not to perform its obligationshereunder or to terminate this Contract;ⅳ. If Party B, without proper reason, violates the agreement or does not fulfill its obligation under thecontract, Party A may request Party B to return all or part of the retaining fees.Article Ⅷ Dispute solutionIn the event of a dispute, both parties must resolve the dispute in a friendly manner. If the dispute could not be resolved by mutual agreement, any parties may make an application to the People’s court for the dispute to be heard.Article Ⅸ Activation of the ContractThe contract shall come in to force from the date of 【】to the date of 【】.Article ⅩThere shall be two copies of the contract, one for each party, signed, sealed and delivered by both parties.Party A:Representative’s signature:Address:Telephone:Date: ______ year _____ month _____ dayParty B: Beijing YingKe Law Firm Representative’s signature:Address: 6th Floor, Tower C, Dacheng International Center, No. 76, East 4th Ring Middle Road,Chaoyang District,Beijing, 100124 Telephone:Fax:Date: ______ year _____ month ____ day2。
法律顾问合同英文版第一篇:法律顾问合同英文版RETAINING CONTRACT服务合同Contract Number: 合同号1.0 The Parties 缔约方Chongqing, People’s Republic of China as of is entered into by and between: 本服务合同(以下简称合同)于2009年2月28日在中华人民共和国重庆市由以下双方订立:1.1(“Client”)重庆环松工业集团(以下简称委托方)And 和1.2 Chongqing GuangXian Law Offices(“Advisor”)重庆广贤律师事务所(以下简称顾问方)1.3 Client and Advisor shall hereinafter be referred to individually as the“Party” and collectively as the “Parties”.委托方和顾问方可单独称为“一方”,合称为“双方”。
2.0 Backgrounds缔约基础2.1 In accordance with the Lawyers Act and Contract Act of the People’sRepublic of China, Client engages Advisor as its retained advisor to deal with the international legal and business affairs in its businessoperation.根据《中华人民共和国律师法》和《中华人民共和国合同法》,委托方聘请顾问方处理国际贸易中的法律和业务事项。
2.2 Through coordination with the local government agencies andbusinesses of both America and China, Advisor hasestablishedrelationship with American cooperator(s)and introduced suchPage 1 of 5American cooperator(s)as Aircraft Inventory Corporation(owned byMr.Gary Bannister)to Client.通过与中美政府机构和公司建立联系等方式,顾问方业已向委托方引荐航空器部件公司(由加瑞·班尼斯特先生控股)等美国合作单位。
Contracts Management ProceduresChapter I General ProvisionsArticle 1 These Procedures have been formulated in accordance with the provisions of the P.R。
C Contract Law and other relevant laws and regulations in conjunction with the actual conditions of the company in order to make the contracts management of the Company standardized and procedural to improve the quality and efficiency of contracts management and to protect the lawful rights and interests of the Company。
Article 2 Contracts management referred to herein means a series of such activities as the planning,organization,control, mediation,litigation and supervision and inspection by the Company as a subject to the economic legal relationship pursuant to law,in relation to the signature,performance, modification and rescission of and disputes over contracts。
常年法律顾问合同英语范本5篇篇1Legal Consultation AgreementThis Legal Consultation Agreement (the "Agreement") is entered into by and between [Company Name], a [State] corporation with its principal place of business at [Address] ("Company"), and [Law Firm Name], a law firm licensed to practice law in the state of [State] with its principal place of business at [Address] ("Law Firm").1. Engagement of Law Firm. The Company hereby retains the Law Firm to provide legal consultation services and advice on an ongoing basis during the term of this Agreement. The Law Firm shall provide legal advice and consultation services in the areas of [specify areas of law] as requested by the Company.2. Scope of Services. The Law Firm shall provide the following services to the Company as part of this Agreement:a. Reviewing and advising on legal matters related to the Company's business operations;b. Drafting and reviewing contracts and other legal documents;c. Providing legal advice and consultation on regulatory compliance;d. Representing the Company in legal proceedings as required;e. Any other legal services as requested by the Company.3. Term. This Agreement shall commence on [Effective Date] and shall continue for a period of [Initial Term] months. Thereafter, this Agreement shall automatically renew for successive [Renewal Term] month periods unless terminated by either party with [Notice Period] days' written notice.4. Compensation. The Company shall pay the Law Firm for its services as follows: [Payment Terms]. The Company shall also reimburse the Law Firm for any out-of-pocket expenses incurred in the course of providing legal services under this Agreement.5. Confidentiality. The Law Firm shall treat all information provided by the Company as confidential and shall not disclose such information to any third party without the Company's prior written consent, except as required by law.6. Termination. Either party may terminate this Agreement at any time by providing [Notice Period] days' written notice to the other party. In the event of termination, the Law Firm shall be entitled to payment for all services rendered up to the date of termination.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of [State].8. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.[Company Name]By: ___________________________ Name: _________________________ Title: ________________________[Law Firm Name]By: ___________________________ Name: _________________________ Title: ________________________Date: __________________________篇2Annual Legal Counsel ContractThis Annual Legal Counsel Contract (the “Contract”) is entered into on this ___ day of ____, 20__, by and between [Company Name], a corporation organized and existing under the laws of the State of [State], with its principal place of business located at [Address] (hereinafter referred to as the “Company”), and [Law Firm Name], a law firm organized and existing under the laws of the State of [State], with its principal place of business located at [Address] (hereinafter referred to as the “Legal Counsel”).1. Scope of ServicesThe Legal Counsel agrees to provide legal advice and services to the Company in connection with its business operations, including but not limited to:- Drafting and reviewing contracts and agreements.- Providing legal opinions on various matters.- Representing the Company in legal proceedings, if necessary.- Advising on compliance with applicable laws and regulations.2. TermThe term of this Contract shall be for a period of one year, commencing on ____ and terminating on ____ unless earlier terminated by either party in accordance with the provisions of this Contract. The Contract may be renewed for additionalone-year terms upon mutual agreement of the parties.3. CompensationIn consideration for the services to be provided by the Legal Counsel under this Contract, the Company agrees to pay a monthly retainer fee of $____ to the Legal Counsel. In addition, the Company shall reimburse the Legal Counsel for anyout-of-pocket expenses incurred in connection with the performance of the services under this Contract.4. ConfidentialityThe Legal Counsel agrees to maintain the confidentiality of all information provided by the Company and its employees in connection with the performance of the services under this Contract. The Company also agrees to keep confidential all legal advice and opinions provided by the Legal Counsel.5. TerminationEither party may terminate this Contract by providing written notice to the other party at least [number] days prior to the intended termination date. In the event of termination, the Legal Counsel shall be entitled to payment for all services rendered up to the termination date.6. Governing LawThis Contract shall be governed by and construed in accordance with the laws of the State of [State]. Any disputes arising out of or in connection with this Contract shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.In witness whereof, the parties hereto have executed this Contract as of the date first above written.[Company Name]By:__________________________Name:Title:[Law Firm Name]By:__________________________Name:Title:篇3Legal Advisory Services AgreementThis Legal Advisory Services Agreement (the "Agreement") is entered into by and between [Client Name], having its principal place of business at [Client Address] ("Client") and [Law Firm Name], having its principal place of business at [Law Firm Address] ("Law Firm") on [Date].1. Services ProvidedLaw Firm agrees to provide legal advisory services to Client on an ongoing basis during the term of this Agreement. The scope of services shall include but not be limited to:- Reviewing and advising on legal documents, contracts, and agreements.- Providing legal opinions and advice on business matters.- Representing Client in legal proceedings, if necessary.- Conducting legal research and analysis on specific issues.- Reviewing compliance with applicable laws and regulations.2. TermThe term of this Agreement shall be for a period of [12 months], commencing on the date of signing and concluding on [Date]. The Agreement may be renewed upon mutual agreement of both parties.3. FeesClient agrees to pay Law Firm a retainer fee of [Amount] per month, payable on the first day of each month. In addition to the retainer fee, Client shall pay Law Firm for any additional services provided at an hourly rate of [Rate]. Law Firm shall provide Client with monthly invoices detailing the services rendered and fees incurred.4. ConfidentialityBoth parties agree to maintain the confidentiality of all information shared during the course of the engagement. This includes, but is not limited to, client information, legal strategies, and any other sensitive information. Law Firm shall not disclose any confidential information without the prior written consent of Client.5. TerminationEither party may terminate this Agreement with [30] days' written notice. In the event of termination, Client shall pay for all services rendered until the effective date of termination. Law Firm shall return any unused retainer fees within [10] business days of termination.6. Governing LawThis Agreement shall be governed by and construed in accordance with the laws of the state of [State]. Any disputes arising out of or related to this Agreement shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.[Client Name] [Law Firm Name]Client Signature Law Firm SignatureDate: Date:This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings,whether written or oral. This Agreement may not be amended except in writing signed by both parties.篇4**Annual Legal Counsel Service Contract**This Annual Legal Counsel Service Contract (the "Contract") is made and entered into on [Date], by and between [Company Name], a corporation organized and existing under the laws of [State/Country], with its principal place of business located at [Address] (hereinafter referred to as the "Company”), and [Law Firm Name], a law firm organized and existing under the laws of [State/Country], with its principal place of business located at [Address] (hereinafter referred to as the "Legal Counsel").**1. Scope of Services**1.1 The Legal Counsel agrees to provide legal services to the Company in accordance with the terms and conditions set forth in this Contract. The Legal Counsel shall be available to advise the Company on all legal matters relating to its business operations.1.2 The legal services to be provided by the Legal Counsel may include, but are not limited to, the following:- General legal advice and consultation- Contract drafting and review- Regulatory compliance- Litigation support- Intellectual property matters- Employment law issues- Corporate governance1.3 The Legal Counsel shall perform its services in a professional and timely manner, exercising the degree of skill, care, and diligence that is customary for legal professionals in the same field.**2. Term**2.1 The initial term of this Contract shall be for a period of one year commencing on [Date]. This Contract shall automatically renew for successive one-year terms unless either party gives written notice of termination at least 30 days prior to the end of the current term.**3. Compensation**3.1 In consideration for the legal services provided by the Legal Counsel, the Company agrees to pay the Legal Counsel a fixed monthly fee of [Amount] per month. The fee shall be payable in advance on the first business day of each month.**4. Confidentiality**4.1 The Legal Counsel agrees to keep all information received from the Company confidential and not to disclose it to any third party without the Company's prior written consent, except as required by law.4.2 The Company agrees to provide the Legal Counsel with all information necessary for the provision of legal services and to promptly respond to any requests for information from the Legal Counsel.**5. Termination**5.1 Either party may terminate this Contract upon written notice to the other party if the other party materially breaches any provision of this Contract and fails to cure such breach within 30 days of receiving written notice of the breach.5.2 Upon termination of this Contract, the Legal Counsel shall promptly return all documents and information provided by the Company and cease to provide any further legal services.**6. Governing Law**6.1 This Contract shall be governed by and construed in accordance with the laws of [State/Country]. Any dispute arising under or in connection with this Contract shall be resolved through arbitration in [City], in accordance with the rules of the [Arbitration Association].IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first above written.[Company Name]By: ___________________________Name: ________________________Title: _________________________[Law Firm Name]By: ___________________________Name: ________________________Title: _________________________This Annual Legal Counsel Service Contract is hereby accepted and agreed to by the parties as of the date first above written.篇5Legal Consultation AgreementThis Legal Consultation Agreement (the "Agreement") is made and entered into on this ___ day of ______, 20___ (the "Effective Date") by and between [Name of Company], a company organized and existing under the laws of [Jurisdiction], with its principal place of business located at [Address] (the "Company"), and [Name of Law Firm], a law firm organized and existing under the laws of [Jurisdiction], with its principal place of business located at [Address] (the "Law Firm").1. Scope of Services1.1 The Law Firm agrees to serve as the Company's legal counsel and provide legal advice and consultation on matters related to [specific area of law or subject matter e.g. corporate law, intellectual property, employment law, etc.] during the term of this Agreement.1.2 The Company may request specific legal services from the Law Firm, subject to the terms and conditions of this Agreement.2. Compensation2.1 The Company shall pay the Law Firm a fixed fee of [amount] for the legal services provided under this Agreement. Payment shall be made within [number] days of receipt of an invoice from the Law Firm.2.2 The Company shall reimburse the Law Firm for any reasonable out-of-pocket expenses incurred in connection with the provision of legal services, subject to the Company's prior approval.3. Term and Termination3.1 This Agreement shall commence on the Effective Date and shall continue for a period of [number] years (the "Term"), unless terminated earlier by either party in accordance with the terms of this Agreement.3.2 Either party may terminate this Agreement upon [number] days' written notice to the other party. In the event of termination, the Company shall pay the Law Firm for all services rendered up to the date of termination.4. Confidentiality4.1 The Company and the Law Firm agree to maintain the confidentiality of all information shared between them duringthe term of this Agreement, including but not limited to proprietary information, business plans, and legal strategies.4.2 The Company and the Law Firm shall not disclose any confidential information to third parties without the other party's prior written consent.5. Governing Law5.1 This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].5.2 Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of [Arbitration Institution].IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date first written above.[Name of Company][Name of Law Firm]By: ______________________________ By:______________________________Name: Name:Title: Title:。
20XX 专业合同封面COUNTRACT COVER甲方:XXX乙方:XXX通用版2024年英文法律顾问协议版B版本合同目录一览1. 协议概述1.1 协议类型1.2 协议双方1.3 协议期限2. 法律顾问职责2.1 法律咨询2.2 文件审查2.3 法律风险评估2.4 法律文件起草与审核2.5 诉讼代理3. 客户义务3.1 提供资料3.2 支付费用3.3 配合工作4. 法律顾问义务4.1 保密义务4.2 专业性保证4.3 及时沟通4.4 勤勉尽责5. 费用与支付5.1 费用标准5.2 支付方式5.3 费用调整6. 合同解除6.1 解除条件6.2 解除程序6.3 解除后的权益处理7. 违约责任7.1 违约行为7.2 违约责任8. 争议解决8.1 争议解决方式8.2 仲裁地点8.3 仲裁费用9. 适用法律9.1 法律适用9.2 司法管辖10. 合同的生效、变更与终止10.1 生效条件10.2 变更程序10.3 终止条件11. 保密协议11.1 保密内容11.2 保密期限11.3 例外情况12. 知识产权保护12.1 知识产权归属12.2 侵权责任13. 不可抗力13.1 不可抗力事件13.2 不可抗力后果14. 其他条款14.1 通知与送达14.2 合同的完整性与修改权第一部分:合同如下:1. 协议概述1.2 甲方为一家____公司,地址位于____;乙方为一名专业法律顾问,地址位于____。
1.3 本协议目的是明确双方在合作期间的权利和义务,以提供专业、高效的法律服务。
2. 法律顾问职责2.1 法律咨询乙方应为甲方提供日常法律咨询服务,包括但不限于合同审查、知识产权保护、劳动法咨询等。
2.2 文件审查乙方应审查甲方提供的所有法律文件,包括但不限于合同、协议、规章制度等,并提出修改意见。
2.3 法律风险评估乙方应对甲方的经营活动进行法律风险评估,并提出防范措施。
2.4 法律文件起草与审核乙方应起草甲方所需的各类法律文件,并对其进行审核。
编号:_______________本资料为word版本,可以直接编辑和打印,感谢您的下载英文版法律顾问手册合同管理办法甲方:___________________乙方:___________________日期:___________________Chapter I General ProvisionsArticle 1 These Procedures have been formulated in accordance with the provisions of the P.R.C Contract Law and other relevant laws and regulations in conjunction with the actual conditions of the company in order to make the contracts management of the Company standardized and procedural to improve the quality and efficiency of contracts management and to protect the lawful rights and interests of the Company.Article 2 Contracts management referred to herein means a series of such activities as the planning, organization, control, mediation, litigation and supervision and inspection by the Company as a subject to the economic legal relationship pursuant to law, in relation to the signature, performance, modification and rescission of and disputes over contracts.Article 3 Contracts management shall be subject to the management system integratingthe assumption of the responsibility for contracts management by the persons handlingcontracts and department managers, the review of contracts by legal counsels and the examination and approval thereof by the leaders.Article 4 These Procedures shall apply to various departments of the company and all branches thereof.Chapter II Signature of ContractsArticle 5 Signature of contracts must comply with state laws, regulations and policies under the principles of equality and mutual benefit, consensus through consultations and making compensation for equal value in order to protect the interest of the Company. No contracts may be signed illegally, and no contracts to the disadvantage of company may be entered into.Article 6 Before entering into a contract, we shall know of in all respects such conditionsas the cooperating party 's creditworthiness and capability to perform the contract to beentered into. No contracts may be entered into with entities/individuals without good creditworthiness and the capability to perform investigations on the cooperating party ’ s creditworthiness and capability to perform a contract include but are not limited to:1. Its business license and other license if it is in a licensed operation industry and status of annualinspection by industrial and commercial authorities;2. Its economic type and articles of association;3. The information on the opening of its basic account (including account name, bankand number);4. Its financial statements;5. Its operation history, market shares and recent developing tendency;6. The conditions of other performance by it7. If the cooperating party is a natural person, we shall know of in all respects his/heridentity, habitual residence address, and job background as well as the status of his/herpersonal and family propertiesArticle 7 In making a contract, we shall examine strictly the qualifications of the persons making the contract. The legal representative of a legal person entity or the main responsible person of a non legal person entity may sign the contract, if other person as an agent signs the contract, he/she must submit the letter of authorization produced by the legal representative or the main responsible person.In making a contract, we shall examine in all respects the materials necessary to make the contract. When the person handing the contract enters into the contract, he/she shall require the other party to provide the certificate proving its legal representative qualification, the copy of its business license counterpart and other necessary materials that need to be provided by it under specific conditions, if the contract is an especially material one, the said person shall require the other party to provide directly the counterpart of its business license sealed by the administration for industry and commerce, if its agent enters into the contract on its behalf, the said person shall require the agent to provide the effective letter of authorization issued and signed by its legal representative if it is a legal person entity or by its main responsible person if it is a non legal person entity, and examine whether the name of its legal representative is the same as that stated in its business license. The person handling the contract shall be responsible for examining whether the copies of materials provided by the other party are the same as originals thereof.When representing the Company to sign a contract with an external party, the person handling contracts must have the qualifications to sign the contract, i .e he/she must have the written letter of authorization produced by the legal representative of the Company. No person may sign a contract with any external party without or beyond the authorization, otherwise, he/she shall bear all legal responsibilities.Article 8 A contract shall be entered into in writing.Before the Company signs a contract with an external party, both parties to the contractshall draft generally the contract text through consultation, if the State laws and regulations or ministerial rules have special provisions in relation thereto, the standard contract formulated by the State competent authority shall be used legally, and the model contract drafted by the Company on its own may also be referenced.If an open model contract is used, the relevant terms or provisions thereof shall be writtenin clearly and completely; otherwise, the contract shall not be signed and sealed, such unnecessary terms or provisions thereof shall be all deleted, /° shall be drawn in the unnecessary open place therein, and the contract shall be fixed with a checking seal, official seal or special seal for signing contracts.Article 9 Contracts shall include such main clauses as the subject matter (means cargo, currency labor and engineering project etc.), quantity and quality, price and remuneration, the period, location and method of performance, responsibility for breach of the contract, the method to settle disputes and the date of signature, and the guarantee clause shall be also included therein as far as possible. Article 10 A contract shall become effective only after it is signed by the person with the qualifications to sign the contract (the legal representative or agent authorized by the legal representative) and fixed with the official seal of the Company or the special seal for signing contracts.Article 11 Each branch of the Company shall sign a contract with an external party only within itslegal business scope or authorized scope. If a contract beyond its business scope or authorized scope needs to be executed the matter shall be approved by the leaders of the Company, the contract shall be executed by the leader of the Company with the authority to do so, and the special authorization of signing the contract shall be made or applied for in the name of the Company.Article 12 All contracts to be signed by each department or branch of the Company withexternal parties must be submitted to the legal counsels of the Company for examination and signed only after the legal counsels examine them to be correct, express the opinions thereon, and report on them to the leaders of the Company for approval.The examination of contracts shall be subject to the principle integrating the legality, feasibility and profitability.Each person handling a contract and each examiner shall express his/her examination opinions and make signatures on the Form for Examining Legal Documents (see Annex 2),and then only after the contract is approved by the leaders of the Company, may it be submitted for the signature by the other party, and eventually for the signature by the financial department of the Company.Article 13 The examination of a contract shall be carried out under the following procedures:1. The examination by the person handling the contract on his/her own;2. The examination by the responsible person of the department or branch handling the contract;3. The examination by the legal counsels of the Company;4. The examination by the vice-president of the Company in charge;。
聘请常年法律顾问合同AGREEMENT OF EMPLOYMENT OF PERMANENT LEGAL ADVISER根据《中华人民共和国律师法》第[ ]条的规定,[ ](简称甲方)为依法维护本单位的合法权益,特聘请[ ]律师事务所(简称乙方)担任常年法律顾问。
乙方接受聘请。
经双方协商,订立下列各条款,共同遵照履行。
Under Article 2 of the Law of Lawyers of the People’s Republic of China, [ ] (hereinafter called P arty A), hereby engages [ ] Law Firm (hereinafter called Party B) to be its permanent legal adviser to help Party A to protect its legal rights. Party B hereby accepts the employment. Both Parties agr ee to enter into and be subject to the following provisions:一、乙方指派[ ]律师为甲方的法律顾问,根据法律给甲方提供法律帮助,维护甲方的合法权益。
Party B appoints [ ], an attorney at law, to be the legal adviser of Party A to provide legal services t o and to protect the legal rights of Party A.二、乙方为甲方提供如下法律帮助:The legal services to be rendered by Party B to Party A are as follows:1. 为甲方业务上的法律问题提供咨询;To give legal advice on questions pertaining to the business affairs of Party A;2.经甲方授权参加签订或审查甲方与他方所协商的经济合同;To sign or examine economic contracts made with other parties on the authorization of Party A;3.为甲方审查(含日、英、德、俄、法文)或草拟中文法律业务文书;To examine legal papers made in Chinese, Japanese, English, German, Russian and French or dra w Chinese legal papers for Party A;4.通过上述业务活动,进行社会主义法制宣传。
RETAINING CONTRACT法律顾问合同By and between签约方Client当事人AndChongqing Guangxian Law Offices重庆广贤律师事务所November, 2013二O一三年十一月目录1. The Parties 缔约方 (3)2. Backgrounds缔约基础 (3)3. Services Rendered服务内容与责任 (4)4. Litigation or Arbitration Service诉讼和仲裁服务 (5)5. Obligations of Client当事人的义务 (6)6. Fee and Payment顾问费用与支付 (6)7. Work Implementation 工作方式 (7)8. Remedies 违约责任 (7)9. Supplementary Agreements 补充协议 (8)10. Miscellaneous一般约定 (8)RETAINING CONTRACT法律顾问合同Contract Number: 合同号1.The Parties 缔约方This Retaining Contract ("Contract") dated on the November 6, 2013, in Chongqing, People’s Republic of China as of is entered into by and between:本服务合同(以下简称合同)于2013年11月6日在中华人民共和国重庆市由以下双方订立:1.1.Client (“Client”) 重庆当事人(以下简称当事人)And 和1.2.Chongqing GuangXian Law Offices (“Guangxian”), a r ecorded law firm underlaws of People’s Republic of China of which address is 162 3rd Zhongshan Lu, Enrich Int'l Plaza 16/F, Yuzhong District, Chongqing, 400015, People'sRepublic of China重庆广贤律师事务所(以下简称广贤),系根据中华人民共和国法律成立的注册律师事务所,地址位于重庆市渝中区中山三路162号中安国际大厦16层,邮编:4000151.3.Client and Guangxian shall hereinafter be referred to individually as the "Party"and collectively as the "Parties". 当事人和广贤可单独称为“一方”,合称为“双方”。
Legal counsel contractParty A:TOUE, LLCAdd: Room A05, 8F, No.29 Dongdu road, World Trade Center.Ningbo Zhejiang China. P.C.:315010Tel: 86-574-87119803Fax: 86-574-87137275Party B: Beijing Topmount Law FirmAddress:Telephone number: 86-010********Post code: 100029Fax: 86-010********Party A, pursuant to China’s Attorney Law etc., wants to employ party B’s attorney as the legal counsel. Based on the negotiation, the two parties enter into this contract to follow.1. Party B appoints attorney Zhu as the legal counsel of party A, who provides legal service for party A and protect party A’s lawful interest. If the appointed attorney failed to present his service, party B can appoint other attorney to take his place.2. The services of legal counsel:(1)Answering legal questions, and issue legal opinions when necessary;(2)Assisting to draft, amend and review contracts and other legal documents;(3)Participating in business negotiation on behalf of party A;(4)Participating in intermediation, litigation, arbitration, and non-litigation activities as party A’srepresentative(which needs additional fees);(5)Dealing with trademark registration;(6)Handling other legal matters on behalf of party A;(7)Providing above-mentioned services in line with party A’s requirements in party A’s companylocation or other places home and abroad.3. Rights and obligationParty A’s rights and obligation(1)Presents relevant detailed materials of testimony and facts timely and truly;(2)Assists party B’s attorney to work for party A’s interest actively and positively, and therequirements for attorney shall be accurate and reasonable;(3)Pays the fees of legal counsel and other costs fully and timely in accordance with theagreement;(4)When party B’s attorney deals with litigation and arbitration on behalf of party A, party Ashall enter into consignment agreement and negotiate the payment;(5)Party A can not withdraw the fees of legal counsel when one of the situations as followshappen:i) terminate the contract and require to withdraw the fees of legal counsel because party Aconsigns other law firm unilaterally;ii) Require to withdraw the legal counsel fees for the its expensiveness when this contract expires;iii) Terminate the contract for the reasons that can not attribute to party B’s attorney;(6)Party A is responsible for the judge and decision independently for the item of legal counsel;party A shall assume the damage when he makes the decision based on attorney’s legal opinion, advice and plan which is not made by attorney’s misdemeanor.Party B’s rights and obligation(1)Party B’s attorney must present the service carefully in the article 2 and protect party A’slawful interest actually;(2)Attorney must keep the state secret, commercial secret and personal privacy which isacquired in the process of service;(3)If party A failed to pay the legal counsel fee or other costs without due reasons or party B’sconsent, or terminate the contract without reason, party B is entitled to require party A to pay the unpaid fees and costs with interest;(4)Party B shall collect party A’s the agency fee discount when present the service stated abovein the item 4 of article 3;(5)Party B can not terminate the contract without reason, or withdraw all the legal counsel feesto party A.4. Payment:The two parties shall negotiate to confirm the payment, and do not comply with other standard. The legal counsel fee is comprised of two parts as follows:(1)Two parties agree that Party A should pay 40,000 RMB for Party B as legal counsel fee. Timeof payment: 20,000 RMB in five days from the date when the contract comes into force, and 20,000 RMB in five days after six months. Party A shall remit the fee above into the bank account as follows:Unit: Beijing Topmount Law FirmBank: Beijing Yiyuan branch of China BankNumber of account: 818020308808091001(2)The necessary and reasonable cost of accommodation, transportation, communication,authentication, interpretation, material etc. actually happened in the services of party B’s attorney, and other costs paid to the relevant institutions, shall be paid by party A in accordance with the concrete condition.The necessary and reasonable cost of accommodation, transportation, communication, authentication, interpretation, material etc. actually happened shall not be more than the standard below:i) Long-distance traffic shall take economy class of flight or train of soft seat, soft sleeper;ii) City traffic shall take taxi;iii) Accommodation, communication and meals per day shall be less than 650 RMB totally(special circumstances shall be permitted by party A);iv) Translation shall be done by Translation Company, and the fees shall be no more than 230 Yuan per 1000 characters;v) And other expenses shall be confirmed based on the actual charges by related units.5. ModificationIf two parties agreed, they can modify the contract.6. ExpirationThe time limit of the contract is 1 year. Two parties can negotiate to renew the contract 30 days before the expiration.7. EffectiveThe contract comes into force when it is signed or sealed by two parties.8. The contract is made and signed in Chinese and English with two originals and each held by two parties. The two versions have the same effect. If two versions have difference, we shall apply the 2 item of the article 125 of Contract Law of PRC.Party A:TOUE, LLCRepresentative:Party B: Beijing Topmount Law FirmRepresentative:Date:。
常年法律顾问合同英语范本3篇篇1Legal Counsel Retainer AgreementThis Legal Counsel Retainer Agreement ("Agreement") is entered into between [Client Name], with a principal place of business at [Address] ("Client"), and [Law Firm Name], with a principal place of business at [Address] ("Law Firm"), effective as of [Date].1. Scope of Services: Law Firm agrees to provide legal advice and services to Client on matters related to [specify scope of services] during the term of this Agreement. Law Firm shall exercise its professional judgment in the performance of its services and communicate regularly with Client regarding the progress of the matters handled.2. Retainer Fee: Client agrees to pay Law Firm a retainer fee of [Amount] for the services provided under this Agreement. The retainer fee shall be paid on a monthly basis and shall be due on the [Day] of each month. The retainer fee is non-refundable and shall be credited against any additional fees incurred by Client.3. Hourly Rates: Law Firm's hourly rates for additional services shall be as follows: [List hourly rates for partners, associates, and paralegals]. Law Firm shall bill Client on a monthly basis for all hours worked and expenses incurred on Client's behalf.4. Expenses: Client agrees to reimburse Law Firm for all reasonable expenses incurred in connection with the services provided under this Agreement, including but not limited to filing fees, travel expenses, and photocopying costs.5. Term and Termination: This Agreement shall remain in effect for a period of [Length of Term] unless terminated earlier by either party upon [Number of Days] days' written notice. Upon termination, Client shall pay Law Firm for all services rendered up to the date of termination.6. Confidentiality: Law Firm agrees to maintain the confidentiality of all information provided by Client in connection with the services provided under this Agreement. Client acknowledges that Law Firm may disclose information to the extent required by law or court order.7. Conflict of Interest: Law Firm acknowledges that it has no conflicts of interest that would prevent it from providing the services under this Agreement. If a conflict of interest arisesduring the term of this Agreement, Law Firm shall promptly notify Client and take appropriate measures to address the conflict.8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [State], without regard to its conflict of laws principles.9. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.CLIENT: [Client Name]By: _____________________________Name:Title:Date:LAW FIRM: [Law Firm Name]By: _____________________________Title:Date:篇2Legal Services AgreementThis Legal Services Agreement (the "Agreement") is entered into as of [Date], by and between [Client Name], with an address at [Client Address] (the "Client") and [Law Firm Name], with an address at [Law Firm Address] (the "Firm").1. Scope of ServicesThe Firm agrees to provide legal services to the Client as described in Exhibit A attached hereto. These services may include, but are not limited to, legal advice, document review, representation in legal proceedings, and other tasks as mutually agreed upon by the parties.2. TermThis Agreement shall commence on [Effective Date] and shall continue for a term of [Number] years, unless terminated earlier in accordance with the provisions of this Agreement.The Client shall pay the Firm for the services provided at the rates set forth in Exhibit B attached hereto. The Firm shall invoice the Client on a monthly basis, and payment is due within [Number] days of receipt of the invoice.4. ExpensesIn addition to the fees for services, the Client shall reimburse the Firm for all reasonable out-of-pocket expenses incurred in connection with providing the services under this Agreement.5. ConfidentialityBoth parties agree to maintain the confidentiality of all information shared during the course of the attorney-client relationship. This includes, but is not limited to, privileged communications, work product, and any other confidential information.6. TerminationEither party may terminate this Agreement at any time with [Number] days' written notice. In the event of termination, the Client shall pay the Firm for all services rendered up to the date of termination.7. Governing LawThis Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.[Client Name] [Law Firm Name]By: By:Title: Title:Date: Date:Exhibit A – Scope of Services[Describe the specific legal services to be provided]Exhibit B – Fee Schedule[List the rates and fee structure for the legal services]篇3Legal Advisor AgreementThis Legal Advisor Agreement ("Agreement") is made and entered into as of [Date] ("Effective Date") by and between[Company Name], a [State] corporation ("Company"), and [Legal Advisor], an individual conducting business as a sole proprietor ("Legal Advisor").1. Scope of ServicesLegal Advisor shall provide legal advice and guidance to Company on an ongoing basis in various areas of law, including but not limited to contract law, employment law, intellectual property law, and general business law. Legal Advisor shall also review and provide input on legal documents, agreements, and contracts as requested by Company.2. TermThis Agreement shall commence on the Effective Date and shall continue for a period of one year ("Initial Term"). Thereafter, this Agreement shall automatically renew for additional one-year terms unless terminated by either party with written notice at least 30 days prior to the end of the then-current term.3. CompensationIn consideration for the services provided by Legal Advisor, Company shall pay Legal Advisor a monthly retainer fee of [Amount] due on the first business day of each month. Company shall also reimburse Legal Advisor for any reasonable expensesincurred in connection with the performance of services under this Agreement.4. Relationship of PartiesLegal Advisor is an independent contractor and not an employee of Company. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employment relationship between the parties. Legal Advisor shall not have the authority to bind Company to any contract or agreement without prior written consent.5. ConfidentialityLegal Advisor acknowledges that it may have access to confidential and proprietary information of Company during the course of providing legal services. Legal Advisor agrees to keep all such information confidential and not disclose it to any third party without Company's prior written consent.6. TerminationEither party may terminate this Agreement at any time for any reason by providing written notice to the other party. In the event of termination, Company shall pay Legal Advisor for all services rendered up to the date of termination and any unpaidexpenses incurred by Legal Advisor in connection with the services performed.7. Governing LawThis Agreement shall be governed by and construed in accordance with the laws of the State of [State]. Any disputes arising under this Agreement shall be resolved through arbitration in [City], [State] in accordance with the rules of the American Arbitration Association.This Legal Advisor Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous agreements, oral or written, between the parties. This Agreement may be amended only in writing signed by both parties.IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date.[Company Name]By:__________________________________Name: _______________________________Title: ________________________________Date: ________________________________[Legal Advisor]By:__________________________________Name: _______________________________Date: ________________________________Title: ________________________________Date: ________________________________This is a sample Legal Advisor Agreement for reference purposes only. It is recommended that you consult with legal counsel to customize this Agreement to fit your specific needs and requirements.。
聘请方: (下称甲方)Consigner: (Hereinafter referred to as “Party A”) 地址:Address:法定代表人:Legal representative:受聘方:Consignee: (Hereinafter referred to as “Party B”) 地址:Address:本合约由上列甲乙双方于中华人民共和国市订立。
This Agreement is made and entered into by and between the two partiesin , the people’s republic of China.鉴于:Whereas:甲方为促进业务发展,防范法律风险,决定聘请乙方为其常年法律顾问。
Party A want to promote its business and keep away law risks, decides to assign Party B as its long-term law consultant.乙方系一家在中国境内注册设立并经中国政府特许、可持续运营的劳动法律服务机构,经与甲方商洽,同意接受聘请,担任其常年法律顾问;Party B a company registered in China by government licensed and certified lastoperating labor law service organization, after friendly negotiation with Party A, willing to accept the consignment, consigned as its long-term law consultant.为此Now, therefore甲乙双方本着相互信任、合作共赢的原则,经友好、充分之协商,就聘请合约的条款及内容达成如下协议:The two parties based on principle of trusting and win-win cooperating, after friendly and thorough negotionation, the parties agreed the following terms and conditions on the consigning.第一条聘约期间Article one Consignment periods1.1 甲方聘请乙方作为常年法律顾问的期间为壹年,自至;聘期届满后,本合约自动终止。
法律顾问英文合同范本Legal Counsel Service ContractThis Legal Counsel Service Contract (the "Contract") is made and entered into on [date] and between [Client Name] (the "Client") and [Law Firm Name] (the "Law Firm").Article 1. Services1.1 The Law Firm shall provide the Client with legal counsel services, including but not limited to:Advising the Client on legal issues related to its business operations.Reviewing and drafting legal documents, such as contracts, agreements, and memorandums.Representing the Client in legal negotiations and proceedings, if necessary.Keeping the Client informed of changes in the law that may affect its business.1.2 The Law Firm shall perform the services in a professional and diligent manner, in accordance with the highest standards of the legal profession.Article 2. Compensation2.1 In consideration for the services provided the Law Firm, the Client shall pay the Law Firm a retner fee of [amount] per [time period].2.2 In addition to the retner fee, the Client shall reimburse the Law Firm for all reasonable expenses incurred in connection with the provision of the services, including but not limited to travel expenses, photocopying costs, and filing fees.Article 3. Term3.1 This Contract shall mence on [start date] and shall continue for a period of [duration].3.2 Either party may terminate this Contract upon written notice to the other party, provided that such termination shall not affect the rights and obligationsof the parties arising prior to the effective date of termination.Article 4. Confidentiality4.1 The Law Firm shall mntn the confidentiality of all information and documents provided the Client, and shall not disclose such information to any third party without the Client's prior written consent.4.2 The confidentiality obligation shall survive the termination of this Contract.Article 5. Limitation of Liability5.1 The Law Firm's liability for any damages arising out of or in connection with the performance of this Contract shall be limited to the amount of the retner fee pd the Client during the term of this Contract.5.2 In no event shall the Law Firm be liable for any indirect, consequential, or punitive damages.Article 6. Governing Law and Jurisdiction6.1 This Contract shall be governed and construed in accordance with the laws of [jurisdiction].6.2 Any dispute arising out of or in connection with this Contract shall be resolved the courts of [jurisdiction].Article 7. Miscellaneous7.1 This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.7.2 This Contract may be amended or modified only a written agreement signed both parties.7.3 The flure of either party to enforce any provision of this Contract shall not be construed as a wver of such provision or of the right to enforce such provision at a later time.IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.Client: [Client Name]Signature: [Client Signature]Date: [Date]Law Firm: [Law Firm Name]Signature: [Law Firm Signature] Date: [Date]。
20XX 专业合同封面COUNTRACT COVER甲方:XXX乙方:XXX通用版2024年英文法律顾问协议一本合同目录一览第一条定义与解释1.1 合同1.2 双方1.3 顾问服务1.4 顾问费用1.5 开始日期1.6 结束日期1.7 通知1.8 终止第二条顾问服务的范围和内容2.1 服务范围2.2 服务内容2.3 服务时间第三条顾问费用的支付3.1 费用金额3.2 支付方式3.3 费用支付时间第四条保密条款4.1 保密信息4.2 保密义务4.3 保密期限第五条知识产权5.1 顾问服务的成果5.2 知识产权归属第六条违约责任6.1 违约行为6.2 违约责任第七条争议解决7.1 争议解决方式7.2 诉讼地点第八条合同的变更与解除8.1 变更条件8.2 解除条件第九条合同的终止9.1 终止条件9.2 终止后的权利和义务第十条适用法律10.1 合同适用法律第十一条通知11.1 通知方式11.2 通知有效期限第十二条合同的生效12.1 合同生效条件12.2 合同生效时间第十三条合同的副本13.1 副本份数13.2 副本效力第十四条其他条款14.1 附加条款14.2 修订历史第一部分:合同如下:第一条定义与解释1.1 合同甲方:(公司名称/个人姓名)地址:联系方式:乙方:(公司名称/个人姓名)地址:联系方式:本协议旨在明确双方在顾问服务方面的权利和义务。
1.2 双方甲方指的是寻求顾问服务的个人或实体。
乙方指的是提供顾问服务的个人或实体。
1.3 顾问服务1.4 顾问费用顾问费用是指乙方为提供顾问服务所收取的费用。
1.5 开始日期开始日期是指本协议签署之日起。
1.6 结束日期结束日期是指本协议规定的服务期限届满之日。
1.7 通知任何通知或其他通信均应以书面形式进行,并通过电子邮件、快递或挂号信的方式发送到对方的指定地址。
1.8 终止本协议可以在双方协商一致的情况下提前终止。
第二条顾问服务的范围和内容2.1 服务范围(列出具体的服务内容,如法律咨询、合同审查、诉讼代理等)2.2 服务内容乙方应按照甲方的要求,提供专业、及时、准确的法律咨询服务,包括但不限于:(列出具体的服务项目,如提供法律意见、协助制定合同、处理法律纠纷等)2.3 服务时间乙方应按照甲方的要求,提供服务时间。
常年法律顾问合同英语范本6篇篇1Annual Legal顾问ContractThis Annual Legal顾问Contract (hereinafter referred to as the "Contract") is made and entered into by and between (hereinafter referred to as "Company") and (hereinafter referred to as "Legal顾问") on the terms and conditions set out below.一、定义和范围1. 定义:本合同中的“常年法律顾问服务”是指乙方为甲方提供长期法律咨询、合同审查、法律事务处理及其他相关法律事务的服务。
2. 服务范围:乙方同意为甲方提供包括但不限于合同审查、法律咨询、法律文件起草与审查、法律事务谈判以及代表甲方处理其他一般法律事务的服务。
二、服务期限本合同的服务期限自______年______月______日起至______年______月______日止。
三、服务费用甲方应按照乙方提供的服务内容和时间支付相应的法律顾问费用。
具体费用和支付方式将在双方另行签订的服务费用协议中详细规定。
四、职责和义务1. 甲方的职责和义务:甲方应如实向乙方提供与法律服务相关的所有信息和资料,并确保其真实性和完整性。
2. 乙方的职责和义务:乙方应勤勉尽责地为甲方提供法律服务,保护甲方的合法权益,及时提供法律咨询和建议。
五、工作方式及联络机制1. 工作方式:乙方应采取灵活的方式为甲方提供服务,包括但不限于电话、邮件、现场咨询等。
2. 联络机制:双方应建立有效的联络机制,确保信息畅通,及时沟通。
六、保密条款双方应对在合作过程中获知的对方商业秘密和机密信息予以保密,未经对方许可,不得向任何第三方泄露。
20XX 专业合同封面COUNTRACT COVER甲方:XXX乙方:XXX2024年国际英文法律咨询合同版B版本合同目录一览第一条定义与解释1.1 定义1.2 解释第二条服务范围2.1 服务内容2.2 服务限制第三条合同期限3.1 起始日期3.2 结束日期第四条费用与支付4.1 费用金额4.2 支付方式4.3 支付时间表第五条双方责任5.1 咨询方的责任5.2 客户方的责任第六条保密条款6.1 保密信息6.2 保密义务6.3 保密期限第七条知识产权7.1 知识产权归属7.2 使用权限制第八条违约责任8.1 违约行为8.2 违约后果第九条争议解决9.1 争议解决方式9.2 争议解决地点9.3 适用法律第十条 termination 条款10.1 termination 条件10.2 termination 后果第十一条一般条款11.1 可转让性11.2 分割性11.3 完整协议第十二条通知12.1 通知方式12.2 通知有效期限第十三条修改与补充13.1 修改条件13.2 补充协议第十四条最终条款14.1 合同生效14.2 合同副本14.3 合同语言版本第一部分:合同如下:第一条定义与解释1.1 定义(1)咨询方:指【填写咨询方的全称或名称】(2)客户方:指【填写客户方的全称或名称】(3)服务期:指自合同签订之日起至合同约定的服务结束之日止的期间。
(4)服务内容:指咨询方根据客户方的要求,提供的法律咨询服务,包括【具体列明服务内容,如法律咨询、法律援助、法律培训等】。
1.2 解释(1)本合同所述“工作日”是指周一至周五,法定节假日和公休日不计算在内。
(2)“书面形式”指合同双方通过书面文件进行沟通,包括但不限于纸质文件、电子邮件、传真等。
(3)“及时”指在合同约定的时间内完成或响应。
第二条服务范围2.1 服务内容(1)咨询方应根据客户方的需求,提供专业、全面、准确的法律咨询服务。
(2)咨询方应派出具有丰富经验的律师团队,为客户提供定制化的法律服务。
Contracts Management ProceduresChapter I General ProvisionsArticle 1 These Procedures have been formulated in accordance with the provisions of the P.R.C Contract Law and other relevant laws and regulations in conjunction with the actual conditions of the company in order to make the contracts management of the Company standardized and procedural to improve the quality and efficiency of contracts management and to protect the lawful rights and interests of the Company.Article 2 Contracts management referred to herein means a series of such activities as the planning, organization, control, mediation, litigation and supervision and inspection by the Company as a subject to the economic legal relationship pursuant to law, in relation to the signature, performance, modification and rescission of and disputes over contracts.Article 3 Contracts management shall be subject to the management system integrating the assumption of the responsibility for contracts management by the persons handling contracts and department managers, the review of contracts by legal counsels and the examination and approval thereof by the leaders.Article 4 These Procedures shall apply to various departments of the company and all branches thereof.Chapter II Signature of ContractsArticle 5 Signature of contracts must comply with state laws, regulations and policies under the principles of equality and mutual benefit, consensus through consultations and making compensation for equal value in order to protect the interest of the Company. No contracts may be signed illegally, and no contracts to the disadvantage of company may be entered into.Article 6 Before entering into a contract, we shall know of in all respects such conditions as the cooperating party’s creditworthiness and capability to perform the contract to be entered into. No contracts may be entered into with entities/individuals without good creditworthiness and the capability to perform investigations on the cooperating party’s creditworthiness and capability to perform a contract include but are not limited to:1.Its business license and other license if it is in a licensed operation industry and status ofannual inspection by industrial and commercial authorities;2.Its economic type and articles of association;3.The information on the opening of its basic account (including account name, bank andnumber);4.Its financial statements;5.Its operation history, market shares and recent developing tendency;6.The conditions of other performance by it7.If the cooperating party is a natural person, we shall know of in all respects his/her identity,habitual residence address, and job background as well as the status of his/her personal and family propertiesArticle 7 In making a contract, we shall examine strictly the qualifications of the persons making the contract. The legal representative of a legal person entity or the main responsible person of a non legal person entity may sign the contract, if other person as an agent signs the contract, he/she must submit the letter of authorization produced by the legal representative or the main responsible person.In making a contract, we shall examine in all respects the materials necessary to make the contract. When the person handing the contract enters into the contract, he/she shall require the other party to provide the certificate proving its legal representative qualification, the copy of its business license counterpart and other necessary materials that need to be provided by it under specific conditions, if the contract is an especially material one, the said person shall require the other party to provide directly the counterpart of its business license sealed by the administration for industry and commerce, if its agent enters into the contract on its behalf, the said person shall require the agent to provide the effective letter of authorization issued and signed by its legal representative if it is a legal person entity or by its main responsible person if it is a non legal person entity, and examine whether the name of its legal representative is the same as that stated in its business license. The person handling the contract shall be responsible for examining whether the copies of materials provided by the other party are the same as originals thereof.When representing the Company to sign a contract with an external party, the person handling contracts must have the qualifications to sign the contract, i .e he/she must have the written letter of authorization produced by the legal representative of the Company. No person may sign a contract with any external party without or beyond the authorization, otherwise, he/she shall bear all legal responsibilities.Article 8 A contract shall be entered into in writing.Before the Company signs a contract with an external party, both parties to the contract shall draft generally the contract text through consultation, if the State laws and regulations or ministerial rules have special provisions in relation thereto, the standard contract formulated by the State competent authority shall be used legally, and the model contract drafted by the Company on its own may also be referenced.If an open model contract is used, the relevant terms or provisions thereof shall be written in clearly and completely; otherwise, the contract shall not be signed and sealed, such unnecessary terms or provisions thereof shall be all deleted, ‘/’ shall be drawn in the unnecessary open place therein, and the contract shall be fixed with a checking seal, official seal or special seal for signing contracts.Article 9 Contracts shall include such main clauses as the subject matter (means cargo, currency labor and engineering project etc.), quantity and quality, price and remuneration, the period, location and method of performance, responsibility for breach of the contract, the method to settle disputes and the date of signature, and the guarantee clause shall be also included therein as far as possible.Article 10 A contract shall become effective only after it is signed by the person with the qualifications to sign the contract (the legal representative or agent authorized by the legal representative) and fixed with the official seal of the Company or the special seal for signing contracts.Article 11 Each branch of the Company shall sign a contract with an external party only within its legal business scope or authorized scope. If a contract beyond its business scope or authorized scope needs to be executed the matter shall be approved by the leaders of the Company, the contract shall be executed by the leader of the Company with the authority to do so, and the special authorization of signing the contract shall be made or applied for in the name of the Company.Article 12 All contracts to be signed by each department or branch of the Company with external parties must be submitted to the legal counsels of the Company for examination and signed only after the legal counsels examine them to be correct, express the opinions thereon, and report on them to the leaders of the Company for approval.The examination of contracts shall be subject to the principle integrating the legality, feasibility and profitability.Each person handling a contract and each examiner shall express his/her examination opinions and make signatures on the Form for Examining Legal Documents (see Annex 2), and then only after the contract is approved by the leaders of the Company, may it be submitted for the signature by the other party, and eventually for the signature by the financial department of the Company.Article 13 The examination of a contract shall be carried out under the following procedures:1.The examination by the person handling the contract on his/her own;2.The examination by the responsible person of the department or branch handling thecontract;3.The examination by the legal counsels of the Company;4.The examination by the vice-president of the Company in charge;5.The approval by the president of the Company; and6.The signature by the legal representative or president of the Company or the representativewith the authority to do so.See Annex 1 for the specific working process of examining legal documents.Article 14 A contract shall have legal binding upon legal signing, and must be complied with strictly and performed in all respects. If some matter is not included or is not clear in a contract, the matter may be handled in accordance with the relevant provisions of the P.R.C Contract Law.Article 15 A contract may be modified or rescinded after both parties to a contract reach a consensus thereon, or a legal or agreed mater therefore occurs.Article 16 The modification or rescission of a contract may be handled, mutatis mutandis, under the procedures for entering into contracts.Chapter III Handling of Contracts DisputesArticle 17 After a contract dispute arises between parties to the contract, the persons handling the contract shall be responsible for settling the contract dispute on a coordination basis under the assistance of the legal counsels.Article 18 A contract dispute shall be settled through consultation and negotiation as far as possible in order to reduce the litigation costs.Article 19 The contract dispute that is really unable to be settled through consultation may be submitted to the competent court or arbitration for mediation, judgment or arbitration. The specific proposal for handling the same shall be drafted under the guiding opinions of the legal counsels, and reported on to the leaders of the Company for approval.Article 20 If we still have the objections to the effective judgment or arbitral award rendered by the court or arbitration institution, we shall make an appeal legally under the opinions of the legal counsels of the Company. If the other party refuses to perform the judgment or arbitral award that has become effective, we may apply to the court for enforcing the judgment or arbitral award. If an application for such enforcement will be filed, the legal opinions hereon shall be produced by the legal counsels of the Company and reported on to the leaders of the Company for approval.Chapter IV Management of Contract ArchivesArticle 21 The persons handling contracts shall establish and keep detailed projects archives completely, including the projects proposals, feasibility study reports, contracts drafts, telephone records minutes. Letters exchanged between parties, the relevant documents and official replies from governments, relevant rights certifications or certificates at the stage of entering into contracts and the archives contents relating to the performance of contracts.Such faxes of material letters received shall be copied and kept in archives together with the copies thereof in order to avoid the vagueness and even disappearance of words thereon with the lapse of time.Article 22 The legal counsels of the Company shall establish the contracts archives and contract examination archives for the contracts counterparts and contracts performance reports submitted by the persons handling the contracts.Article 23 The legal working persons set up by each branch specially shall be responsible for the contract archives management for their respective branch and accept the professional guidance of the legal counsels of the Company.Article 24 The originals of contracts shall be managed by the financial department of the Company on a unified basis. Each department shall realize the electronic management ofcontracts to improve the efficiency of contracts management.Article 25 If a person handling contracts or a contracts archives manager is deployed or leaves his/her post, he/she shall follow timely the delivering procedures in relation to the management of contracts archives.Chapter V Supplementary RulesArticle 26 The Company shall be responsible for interpreting and revising these Procedures, which shall be implemented on a trial basis as of the date when they are distributed to each department or branch of the Company.。