I. Work functions
Provide legal professional skills support for foreign trade companies, conduct legal planning in business management and operation, prevent legal risks, resolve legal disputes, protect the rights and interests of foreign trade companies, and help achieve the goals of foreign trade companies.
Second, the service content
(a) to provide legal solutions for the establishment of foreign trade companies, the structure of property rights, the governance structure, the scientific, lawful and safe branches, and the protection and realization of shareholders' rights and interests. Assist in the establishment of foreign trade companies, obtain various approval documents from government departments, and handle the registration and filing procedures of industry and commerce, foreign trade, customs, commodity inspection, foreign exchange and taxation departments.
(two) to assist in the design of various trade arrangements, including barter trade, processing trade, compensation trade, factoring business, anti-purchase and write-off arrangements. Participate in the planning and operation of major projects of foreign trade companies (such as company merger, shareholding system reform, enterprise group formation, acquisition, liquidation, bankruptcy, changes in equity, investment, intellectual property rights, technology transfer, bidding, etc.). ). Carry out relevant research, analyze legal risks, formulate and demonstrate legal schemes to prevent and resolve risks, make legal documents, set project objectives, assist in tracking, supervising and controlling project implementation, provide legal advice in time, and help solve legal problems.
(three) to provide legal services for the whole process of foreign trade negotiation, signing and performance. Review and draft trade negotiation documents, provide legal services for all aspects of foreign trade contract performance, and coordinate and solve various disputes.
(four) to standardize the general business contracts and operating procedures of foreign trade companies, draft and review international contracts for the sale of goods, import and export agency contracts, international technology transfer contracts and service trade contracts, and review various letters of credit and letters of guarantee. Set contract objectives to prevent risks such as foreign trade settlement, transportation and insurance.
(five) to issue legal opinions on the revision of the rules and regulations of foreign trade companies, to provide legal basis for dealing with emergencies, employee violations and other major events, to improve labor contracts and training contracts, and to prevent labor disputes and industrial accidents.
(6) Improve the risk prevention system and measures of foreign trade companies, and assist in establishing social relations and property files of employees (sales staff, financial personnel, etc.). ) and customers (including legal representatives) to prevent economic crimes.
(7) Conduct special research on international conventions, international trade practices, rules of private international law and relevant domestic and foreign-related laws, regulations and cases involved in foreign trade practice, provide legal policies on China's foreign trade, customs, commodity inspection, taxation, quality and environmental protection, consult and answer, and issue legal opinions. Organize the preparation of laws and regulations required by foreign trade companies, such as foreign trade law, customs law, import and export commodity inspection law, anti-dumping regulations, countervailing regulations, safeguard measures regulations, foreign exchange management regulations, goods import and export management regulations, technology import and export management regulations, uniform customs of documentary credits, etc., and provide the latest legal information in a timely manner.
(eight) to accept legal advice from various departments and employees of foreign trade companies, and to give special lectures and training to employees on contract law, company law, criminal law, labor law and laws and regulations in industry fields, so as to improve employees' legal awareness and enhance their ability to prevent and resolve legal risks.
(9) Providing services for the company to initiate anti-dumping and countervailing investigations on dumping and subsidies in import and export business, and acting as an agent in responding to dumping and subsidies cases.
(10) Providing import and export intellectual property protection services, investigating and collecting evidence, and negotiating and litigating domestic IPR infringements;
(1 1) Risks, accidents and disputes about import and export agents, quality defects, letters of credit, trade payment, etc. According to the instructions of the foreign trade company, starting from the overall interests of the foreign trade company and the actual situation of the case, pay attention to the handling strategy, put forward the solution, issue a lawyer's letter, strive for settlement through consultation and mediation, and represent the foreign trade company in hearing, reconsideration, arbitration and litigation affairs to safeguard its interests.
(12) Provide consulting services for other projects I have carried out, and complete other legal affairs arranged by foreign trade companies, such as legal services for import and export financing, inquiring about trade laws and policies of relevant countries, and finding suitable foreign law firms.
Third, the way of working.
(1) Provide timely consultation services by telephone, fax, email, QQ, face to face, etc. The two sides have face-to-face communication at least once a month.
(2) Foreign trade companies may require consultants to provide services to foreign trade companies and designated places regularly or irregularly in the form of on-duty or off-duty.
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