Three Summaries of Legal Work of the Company

Chapter 1

In the year of 2xx, based on the legal work, the legal post completed the following tasks: In the current period, the legal post firmly grasped the main line of contract work review, determined to improve work efficiency, pay attention to details and strive for benefits for the company. According to incomplete statistics, * * * reviewed more than 52 contracts, drafted 33 revised contracts, and regularly inspected the contract work in various departments. While carefully reviewing the contract, the legal officer insisted on offline communication, timely fed back the review questions to the undertaking department, and strived to improve work efficiency and minimize the time delay in the review process.

While completing the contract work, the legal post also actively expanded its business scope and improved its service quality. According to statistics, during the time, the legal officer * * * cooperated in handling three cases of labor disputes and one case of arrears disputes, and received legal advisory services for 14 times. In addition, he also organized a legal knowledge training and participated in the signing ceremony of the strategic cooperation framework agreement for furniture suppliers.

In the process of completing my job, I also found some work problems, which mainly focus on the following aspects:

First, the overall efficiency of contract work needs to be improved. The life of the system lies in implementation, and the gradually improved contract review process also needs efficient execution to highlight its advantages. In the process of reviewing the contract, we found that there is a certain degree of lag in the contract approval process, which leads to a long time for the contract to go through the process. Although there is a time limit, the reality of heavy work tasks is a factor that has to be considered. In addition, the approval of many links is a formality, and some processes can be approved by all links without even showing the contents of the contract. The emergence of these problems has reduced the overall efficiency of our contract work;

Second, there is still a problem that some contractors do not pay attention to the details of contract work. In the process of contract review, we found that individual contractors did not pay enough attention to the details of the contract, and there were problems such as wrong contract duration, wrong format and wrong money, which led to too many process links in the contract and unnecessary delay in time.

Third, information exchange needs to be strengthened. When dealing with non-contract business, we find that there are sometimes problems such as wrong information exchange, untimely communication and shirking responsibility among the undertaking departments, which leads to a relatively passive situation in dealing with legal affairs, especially foreign affairs.

In the next work, we will focus on the problems found in our work, actively explore new ideas and methods to solve the problems, constantly expand the scope of services, continuously improve the quality of work, and contribute our strength to the rapid development of the Group.

Part II

Since the establishment of XX Real Estate Group Shanghai Company for nearly a year, with the care and support of the legal compliance department of the group company and the leaders of Shanghai Company, a lot of in-depth and solid work has been carried out in contract management, four audits, legal risk prevention and control, legal training and publicity of law popularization. The main legal work of Shanghai company in the past year and the future legal work ideas are summarized as follows:

First, strengthen system construction and improve personnel allocation.

(I) Establishment of Leading Group for Internal Control and Risk Management

In order to establish and improve the five-in-one internal control and risk management mechanism of "finance, audit, discipline inspection, legal affairs and confidentiality", improve the level of internal control and risk management of the company, prevent risks and promote sound and rapid development of the company, Shanghai Company established a leading group for internal control and risk management headed by the general manager, which is responsible for internal control and risk management.

(II) Hire external legal counsel and equip full-time legal staff

After the establishment of Shanghai Company, in order to ensure the company's sustained, stable and healthy development and eliminate all kinds of legal risks from the source, Shanghai Company signed a perennial legal advisory service contract with XX Law Firm to provide legal advisory services on business management, various economic contracts, financing, credit review of partners, legal training and other matters. Subsequently, with the support of the group company, the Shanghai company deployed full-time legal personnel to handle the daily legal affairs of the company, including contract review, case handling, legal issues handling, risk internal control, legal training and contact with external legal counsel. Through the combination of external legal consultants and internal legal personnel, the company is guaranteed to operate in compliance with the law.

(III) Promulgating Measures for the Management of Legal Affairs

While cooperating with other departments to complete the system construction, the legal staff of Shanghai Company constantly improved the system construction of their own legal affairs, and formulated the Measures for the Management of Legal Affairs (for Trial Implementation) with reference to the management measures of the group company on legal affairs, and standardized the four legal audit work, the management of external legal counsel, legal publicity and other work from the system, and gradually established them.

Second, actively carry out legal work to protect the company's steady operation.

(1) Carry out the four audits.

according to the requirements of the group company, Shanghai company has continuously established and improved the legal risk prevention mechanism, and promoted the legal review of rules and regulations, economic contracts, important decisions and power of attorney. In the audit of economic contracts, the division of responsibilities between external legal advisers and internal legal personnel is clarified, which optimizes the audit process and improves the audit efficiency.

(II) Report Work of Legal Risk Prevention and Control

In promoting the legal risk prevention and control work, Shanghai Company actively strengthened the construction of preventive system in advance. Company leaders put forward the idea of establishing risk prevention and control statements in view of the complex market environment and strong customer rights awareness in Shanghai. According to the company's business operation, legal personnel advance the risks to relevant departments in the form of statements, and track the results of legal risks through the feedback mechanism, thus improving the legal risk prevention ability from the process.

(3) Legal training.

Shanghai Company actively carried out legal training based on the popularization of law during the Sixth Five-Year Plan. In the first half of this year, with the assistance of external legal counsel, Shanghai Company organized all employees to study laws and regulations related to real estate management, which improved their legal concept and understanding of managing enterprises according to law. In the second half of the year, in view of the fact that the company's projects are about to open for sale, Shanghai Company conducted legal risk training for the sales agents, which improved the risk awareness of the sales staff of the agents and reduced the possibility of legal disputes from the source.

III. Problems in the management of legal affairs

(1) Inexperience of legal personnel

Legal affairs in enterprises are characterized by strong professionalism, which requires high knowledge of legal theory and working experience, especially the legal personnel of real estate need to be familiar with the knowledge of real estate industry. As a newly established company, Shanghai Company lacks the knowledge and experience of legal personnel, which needs to be further improved.

(II) The implementation of contract review is weak

After the establishment of Shanghai Company, a large number of contracts need to be reviewed from pre-planning to marketing opening, with tight time and heavy tasks. In the process of conducting business, some departments have the problem of implementing the contract before signing it, which invisibly increases the legal risk. In the future work, it is necessary to further strengthen the contract review and guard against risks according to the contract review system.

IV. Legal Work Plan of Shanghai Company in 2XX

(I) Perfecting the internal risk prevention and control system of enterprises

In 2xx, under the leadership of the leading group of internal control and risk management, Shanghai Company will further improve the enterprise risk management system, formulate specific risk management processes and improve the enterprise risk management level according to the requirements of the risk management systems of joint-stock companies and group companies.

(II) Strengthening Four Legal Reviews

On the basis of 2XX, according to the requirements of Shanghai Company's Measures for the Administration of Legal Affairs (for Trial Implementation), we will further strengthen the four legal reviews, improve the level of review, strengthen the review, put an end to the occurrence of post-audit situations, and protect the compliance operation of enterprises.

(III) Improving the level of legal training and legal publicity

In 2xx, Shanghai Company will further improve the level of legal training and improve the pertinence of training. Relying on the requirements of the "Sixth Five-Year Plan", we will continue to strengthen the legal propaganda work and improve the level of all staff of Shanghai Company in managing enterprises according to law.

Part III

In recent years, with the correct leadership of # # Company and the strong support of shareholders, the company has grown from scratch and has more than 18 employees, pipeline assets have begun to take shape and its operating performance has been continuously improved. With the development of the company, new and higher requirements are put forward for legal work. We actively do this work and strive to lay a good foundation for the company to accelerate its development. The relevant information is now reported as follows:

1. People-oriented, handling labor legal affairs according to law

We actively handle labor legal affairs according to the principle of safeguarding the legal system and the interests of the company, proceeding from reality and strengthening prevention and management. We have hired legal consultants all the year round, focused on standardizing the labor contract management process and handling labor contract disputes according to law, which has provided a strong guarantee for enterprises to manage according to law and prevent risks.

(1) Strengthen the management of labor contracts. The company's legal adviser actively participated in standardizing the enterprise labor contract management process, and established a new enterprise employment mechanism through efficient, standardized and humanized contract management for workers. Through legal advisers, labor management personnel carefully consult the latest trends of labor laws and policies, constantly improve the knowledge level of applying labor laws, and make the operation of various labor contracts more standardized. For example, the recruitment management of the company is further standardized, and the possible discriminatory conditions in recruitment advertisements are eliminated, so that the operation of relevant legal affairs in the whole process of recruiting and hiring employees, concluding contracts, performing and changing contracts, and terminating contracts is more standardized.

(2) handling labor contract disputes according to law. Mainly handle the following tasks:

1. In the month of 2xx, the driver of Jiangyin Station of the company was seriously injured and a female passenger was slightly injured due to drunk driving. After the incident, the driver himself and his family insisted that it was a work-related injury and asked the company to take full responsibility. In this regard, the company sent personnel to Jiangyin Hospital to pay a condolence visit. Considering the family difficulties, the company temporarily borrowed part of its money. At the same time, the company sent staff to Jiangyin with legal counsel to investigate the situation, obtained first-hand materials and found out the case. In the face of the facts, the driver and his family are no longer unreasonable. After Jiangyin Public Security Traffic Police Department issued the accident appraisal, the company dissolved the labor contract with the driver according to law, and safeguarded the company's rights and interests.

In February and October of 2xx, after physical examination, it was found that five college graduates just hired by the company were not fit for the group life and safe production work of natural gas stations. If they were simply dismissed, it would be neither legal nor contradictory. To this end, the company decided to sign a three-month short-term labor contract with the five college graduates after research; And told me that I could go home first and pay my salary as usual, which solved the problem properly.

In March and October of 2xx, a driver of the company refused to accept the management and had a bad attitude. Considering the particularity and importance of the driver's work, it is decided to terminate the labor contract relationship with him for the sake of serious company discipline. After investigation, the driver obviously falsely reported and overstated the gasoline fee and the toll of crossing the bridge. In the face of the facts, the driver had no choice but to resign. Safeguarded the company's rights and interests.

Second, operate according to laws and regulations and properly handle possible legal disputes

Our company is located in the middle of the natural gas industry chain, and legal work is particularly important. Because our company's main management means is the long-term gas purchase and sale contract mode with the upstream and downstream related units of the natural gas transmission chain, which is characterized by "pay as you pay". Pay-as-you-go contract is an international practice and rule of natural gas supply, which means that the payment cannot be changed under the changing market. If the gas consumption of users does not reach this amount, they still have to pay according to this amount. When the gas supply by the gas supplier does not reach this amount, the user should be compensated accordingly. The contract is scientific, rigorous and standardized, and the terms of the contract are internationally accepted. Domestic laws and authoritative departments learn from it through research, and the terms are relatively complicated. The company set up a business department to track and implement the contract. In actual operation, we should not only act in accordance with the law and guard against possible risks, but also comprehensively consider and actively and properly communicate and negotiate with the contracting parties. In terms of contract performance with a company in Wuxi, up to 2xx years and months, the company has reduced the natural gas worth hundreds of millions of yuan. Therefore, after comprehensive consideration, the company decided that the vice president in charge of the company led a team to visit the company together with the legal adviser to communicate and negotiate, and make a reasonable explanation. In a harmonious atmosphere, the company made a written economic guarantee in accordance with the contract. On this premise, we resumed normal gas supply and achieved good results in the performance of the business contract.

Third, strengthen the bidding management and strictly perform the engineering and material contracts

Bidding is both a procedural and substantive legal activity. We focus on strengthening the management of each link, focusing on the following aspects: First, strictly enforce the bidding laws and regulations. Our company implements the bidding system for major projects and materials. Strictly implement the bidding laws and regulations. The company entrusts a bidding company with high qualifications in the province to bid, and together with relevant personnel of China Petrochemical, strictly controls the project bidding procedure and the contract unit price of major projects and important materials. Second, actively standardize the contract text management. The main leaders attach great importance to the bidding work, and are not afraid of cumbersome important contract texts, requiring relevant departments to make efforts to thoroughly study them. We actively cooperate with the bidding agent to do a good job in reviewing the contract text; On the other hand, the company actively reviews the technical annexes of bidding, and organizes tenderers, design institutes and relevant domestic research institutes to discuss them when necessary. We have made great efforts to standardize the bidding contract text and its technical annexes, striving to make the tender rigorous, scientific and meticulous, and put an end to possible situations such as breaking through the tender price and tender scope, changing materials, changing performance and changing construction specifications during the contract performance, thus ensuring the smooth bidding and contract performance.

Fourth, improve various systems and strengthen internal control management.

A good system is the guarantee for the company's standardized production and operation activities, and it is also the only way to improve the company's management level. Since its establishment, the company has been exploring a set of management system that conforms to the company's characteristics. After years of accumulation, we have gradually established working systems such as bidding, contract management, material procurement, engineering management, safety production, operation management and emergency plan, financial settlement, internal signing, employment mechanism, assessment and reward system and file management, standardized the company's governance structure and deepened the internal.

V. Improve the working mechanism and further promote the legal work

We have initially established the leadership in charge.