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How to write the financial opinion in the contract approval opinion:
The review of contract terms is a matter for the legal department, and the scope of financial audit is mainly the purchase unit price, quantity, total amount, and arrival time. The unit price is reviewed to see whether the procurement is reasonable; The quantity and arrival time review is to see whether the inventory is reasonable; The total amount review is to see if there are any errors in the calculation and whether the funds are properly managed.
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Legal slag analysis: The contract review opinion can refer to the following formats: 1. The qualifications of both parties comply with laws and regulations; 2. The terms of the contract are complete and the cover is standardized; 3. The rights and obligations of both parties are equal; 4. Prompt the following risks:
The liquidated damages are too high, the confidentiality obligations are heavy, and the performance conditions are too limited to affect flexibility, etc.; 5. Comprehensive conclusions.
Legal basis: Civil Code of the People's Republic of China
Article 490:Where the parties conclude a contract in the form of a written contract, the contract shall be concluded when both parties sign, affix their seals or press their fingerprints. When one of the parties has fulfilled its main obligations before signing, sealing, or fingerprinting, and the other party accepts it, the contract is established. When laws or administrative regulations stipulate or the parties agree that a contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
Article 502:Contracts established in accordance with law shall take effect upon their establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.
If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
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The general procurement contract countersigning form should be signed by the financial department, mainly based on the terms of the procurement contract, mainly around the following aspects of the review.
1. Is the payment term reasonable?
2. Whether there is an advance payment in the contract.
Or purchase discount provisions? Is it appropriate?
3. Is the material warehousing acceptance procedure compliant?
4. Who bears the freight for material procurement?
5. The name of the beneficiary's unit and the bank where the account is opened.
Is the information complete?
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The way to sign a financial audit opinion generally depends on the specific situation of the company, and the following are a few common ways to sign it:
1. Electronic signature: Financial personnel can use electronic signature tools to sign on electronic documents. This way of signing has the advantages of convenient document preservation, high review efficiency, and has considerable legal effect.
2. Physical signature: financial personnel can write, sign, seal, etc. on the audit opinion to indicate the audit opinion. This type of square matching requires a paper document as a basis, and is suitable for situations where physical archiving is required or where the law requires an official stamp.
3. E-mail signing: The financial staff can send the audit opinions to the audit department by email, and confirm whether the audit opinions are passed or need to be further modified by replying to the email or **. This method is convenient and fast, and is suitable for situations where audit opinions do not need to be archived.
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Legal Analysis: Reputation.
Fill in the form according to the actual situation. After studying the contract, point out the risks and problems in the actual situation of the contract. The main study of nuclear quarrels is the legality, rights and obligations, and liability for breach of contract, which are not easy to copy, and even if the content is similar, it should be avoided as much as possible.
Legal basis: Civil Code of the People's Republic of China Article 470 The content of the contract shall be agreed upon by the parties and generally include the following clauses:
1) The names and addresses of the parties;
b) the subject matter; iii) quantity;
iv) Quality; 5) Price or remuneration;
6) the period, place and method of performance;
7) Liability for breach of contract;
8) Methods of Dispute Resolution.
The parties may conclude a contract with reference to the model Qingshi Xian text of various types of contracts.
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