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There is no need to make accounts payable immediately after signing a purchase contract. Unlike the comprehensive audit of the legal department of the enterprise, the financial audit focuses on the review and verification of the financial and tax clauses involved in the contract.
Legal analysis
Sometimes it is the accounts payable after receiving the invoice, and there are also accounts payable directly after signing the purchase contract. The general standard of the production enterprise operation process should be according to the sales department or the project department of the sales contract or order to issue production instructions, make production plans, the production department according to the raw materials required for each sales contract products, audit whether the business is in the enterprise directory, whether the business selection, subcontractor selection procedures are compliant, whether there are tripartite price comparison measures, and whether the final selection of the business is authorized and approved. The main concern is whether the purchase amount is within the budget and whether the company has sufficient funds to pay for the goods; Whether the calculation of the amount in the contract is accurate, whether it is consistent with the information attached to the contract, and whether the uppercase and lowercase amounts are the same; For framework contracts, it is necessary to pay attention to whether the amount of the framework contract is reasonable, whether there is an upper limit on the amount, etc.
The main focus is on whether the contract settlement terms comply with the provisions of enterprise credit management, especially for the management requirements of prepayment, payment progress and acceptance payment. Whether the contract settlement method (such as bank transfer, bank bill, cash transaction, etc.) complies with the relevant regulations of the enterprise. It mainly focuses on whether the terms of tax burden bearing and invoice issuance agreed in the contract are in line with national taxationLaws and Regulations
requirements. The invoice type shall be consistent with the business content and business nature of the contract, and shall be judged in combination with the location of the business, the place where the labor service occurs, and the business content during the review. For the bills involving VAT business, the issuance of special VAT invoices or ordinary invoices and the included tax rates shall be indicated.
Review the agreement on the acceptance clause and the handling method when the acceptance is unqualified. For lease contracts, it is necessary to determine whether the form of leasing complies with the enterprise asset management norms, for example, some enterprises stipulate that no form of financial leasing shall be carried out without approval; For the core equipment involved in the market competition of enterprises, assets shall not be obtained by way of leasing; The operating lease method should be economically viable.
Legal basis
Interpretation on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Sales Contracts
Article 1 Where there is no written contract between the parties, and one party asserts the existence of a sales contract by means of a delivery note, a receipt note, a settlement statement, an invoice, etc., the people's court shall make a determination on whether the sales contract is established in light of the transaction methods, trading habits and other relevant evidence between the parties. Where the name of the creditor is not recorded in the reconciliation confirmation letter, the confirmation of creditor's rights, or other letters or vouchers, and one of the parties to the sales contract proves the existence of a sales contract relationship, the people's court shall support it, unless there is sufficient evidence to the contrary to overturn it.
Article 2: Where a party signs a reservation contract such as a subscription letter, an order letter, a reservation letter, a letter of intent, or a memorandum, and stipulates that a sales contract will be concluded within a certain period of time in the future, and one party fails to perform its obligation to conclude a sales contract, and the other party requests that it bear the liability for breach of contract in advance or that the reservation contract be terminated and claims damages, the people's court shall support it.
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The main difference between accounts payable and other payables: other payables refer to the temporary receivables of the enterprise incurred outside the commodity trading business, while the accounts payable refer to the debts incurred due to the purchase of materials, commodities or services**. Other payables are not directly related to the business of the enterprise, such as:
The business and accounts payable of the enterprise are, of course, the payment payable for the business of the enterprise, and the unpaid attorney's fees are other payables, prepaid plant decoration payments, and other payables.
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