1.8. Acting as an agent in litigation, mediation and arbitration activities
9. Assisting corporate clients to establish and improve various rules and regulations
1. Assisting corporate clients to establish legal service institutions, carrying out legal training and legal publicity
11. Handling other legal affairs agreed by both parties.
According to the People's Republic of China * * * * and the state's regulations on law-abiding citizens, those who meet one of the following conditions may apply for the qualification examination for enterprise legal counsel:
(1) After graduating from a university majoring in law, economics or related fields, they have been engaged in legal or economic work for 6 years, or have obtained the qualification for technical positions in primary economy for 4 years. (two) after graduating from a university majoring in law, economics or related majors, he has been engaged in legal or economic work for 4 years, or has obtained the qualification for technical positions in primary economic majors for 3 years. (three) after obtaining a double bachelor's degree or postgraduate degree in law, economics or related majors, he has been engaged in legal or economic work for 2 years. (four) after obtaining a master's degree in law, economics or related majors, he has been engaged in legal or economic work for one year. (five) to obtain a doctorate in law, economics or related majors. (six) in accordance with the relevant provisions of the state to hire professional and technical positions of economists.
related provisions
article 1 in order to strengthen the leadership and management of lawyers' work as legal advisers, these provisions are formulated in accordance with the provisional regulations of the people's Republic of China and the state lawyers and in combination with the actual work of lawyers.
2. The task of a lawyer as an enterprise legal adviser is to provide legal services for the enterprise to carry out production, operation, management or other activities according to law, accept the entrustment of the enterprise to handle relevant legal affairs, safeguard the legitimate rights and interests of the enterprise, promote the enterprise to deepen reform, open wider to the outside world, transform its operating mechanism and improve its economic benefits. Promote the development of enterprise production and operation.
Article 3 A lawyer acts as an enterprise's legal adviser, and is entrusted by the enterprise to handle the following legal affairs:
(1) To give legal opinions on major decisions in the production, operation and management of the enterprise, and provide legal basis for legal argumentation
(2) To draft, revise and examine relevant legal documents and regulations such as contracts and agreements that the enterprise contacts with the outside in the production, operation and management activities.
(3) handling non-litigation legal affairs of the enterprise
(4) representing the enterprise in civil, economic and administrative litigation and arbitration and administrative reconsideration
(5) participating in economic project negotiations, reviewing or preparing various legal documents required for negotiations
(6) providing legal information related to the activities of the enterprise
(7) proposing relevant issues on deepening reform.
article 4 when an enterprise hires a lawyer as a legal adviser, the enterprise and a law firm (legal advisory office-the same below) shall sign an employment contract and agreement.
article 5 when an enterprise hires a lawyer as a legal adviser, the lawyer shall be appointed by the law firm, and the name of the lawyer who meets the requirements of the enterprise shall be indicated as far as possible.
when necessary, two or more lawyers may be appointed to form a legal advisory group (group), and the legal advisory group (group) may have a chief legal adviser.
a lawyer who is not appointed by a law firm may not serve as an enterprise legal adviser in any form or name.
paralegals may not independently serve as corporate legal advisers, but may assist lawyers in their legal advisory work.
Article 6 The employment contract and agreement signed between a law firm and an enterprise shall include the following main contents:
(1) the legal names of both parties, the names of assigned lawyers
(2) the specific scope of work and the working methods of legal counsel
(3) the rights and obligations of both parties
(4) the principle of * * * compliance by both parties <
(V) Amount and payment method of attorney fees
(VI) Suspension, modification and termination of contracts and agreements
(VII) Validity period of contracts and agreements
(VIII) Other matters agreed by both parties.
The employment contracts and agreements of lawyers as corporate legal advisers must be stamped with the official seals of both parties, and signed or sealed by the legal representatives of both parties.
Article 7 A lawyer may serve as an enterprise's legal adviser in the following ways:
(1) Perennial legal adviser: A law firm signs an employment agreement with an enterprise for one year or more, and within the term of the agreement, the law firm appoints a lawyer to provide legal services to the enterprise as a legal adviser. Upon the expiration of the agreement, the legal adviser relationship is terminated, and if he continues to be employed, a new agreement shall be signed.
(II) Special legal adviser: A law firm can sign an employment agreement with an enterprise for a legal matter, and the legal adviser relationship of the legal matter will be terminated upon the expiration of the agreement.
a lawyer is an enterprise legal adviser, which can be called a lawyer or an enterprise legal adviser.
article 8 when a lawyer acts as an enterprise's legal adviser, he shall conclude a contract and an agreement, which shall clearly state that the lawyer enjoys the following rights:
(1) to consult the documents and materials related to undertaking the enterprise's legal affairs
(2) to understand the relevant situation in the enterprise's production, operation, management and external contact activities
(3) to attend meetings related to production, operation, management and external contact activities convened by enterprise leaders as nonvoting delegates.
article 9 when a lawyer acts as an enterprise's legal adviser, the law firm shall collect fees from the enterprise in accordance with the measures for the administration of lawyer's business fees and the standards for lawyer's business fees.
article 1 when a lawyer serves as an enterprise legal adviser, he shall undertake the relevant legal affairs entrusted by the consulting unit in time and earnestly perform his duties.
article 11 when acting as enterprise legal counsel, a lawyer shall adhere to the principle of taking facts as the basis and taking law as the criterion. if any illegal act is found in the consulting unit, it shall be discouraged and corrected.
article 12 when a lawyer acts as an enterprise legal adviser, he shall carry out his work in accordance with the provisions of the contract and agreement and the authorization authority of the enterprise, and shall not exceed the authorization authority.
article 13 a lawyer, as an enterprise legal adviser, shall not engage in activities that harm the legitimate rights and interests of the employing unit, or act as the agent of the other party in civil, economic, litigation or arbitration activities.
Article 14 A lawyer who is an enterprise's legal adviser shall mediate in a dispute between two parties (or parties) of the enterprise, but a lawyer shall not represent any party in litigation or arbitration activities.
Article 15 A lawyer, as an enterprise legal adviser, contacts and understands the business secrets in the enterprise's production, management and external contact activities in his work, and assumes the responsibility of keeping secrets.
article 16 when a lawyer acts as an enterprise legal adviser, he shall establish a system of regular contact between the law firm and the employer, and a system of regular meetings between the lawyer and the legal representative of the employer.
article 17 if a lawyer is unable to perform the duties of enterprise legal adviser for some reason, the law firm shall negotiate with the employing unit and arrange another lawyer to take over.
article 18 a law firm shall regularly check and assess the situation of lawyers serving as corporate legal advisers to ensure the quality of work.
article 19 the judicial administrative organ shall strengthen the guidance, management and supervision of lawyers' work as enterprise legal advisers. Lawyers who have served as corporate legal advisers shall be commended and rewarded for their outstanding achievements; If it is incompetent, it shall instruct the law firm to make adjustments; Serious incompetence, causing losses to the employing unit, or in violation of relevant regulations, shall be dealt with according to law.
article 2 the enterprises mentioned in these provisions include enterprises owned by the whole people, collectively owned enterprises, private enterprises, foreign-funded enterprises, Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and overseas institutions.
if public institutions, other social and economic organizations and individual citizens employ lawyers as legal advisers, these provisions shall apply.
article 21 the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government may formulate specific implementation measures and working rules in accordance with these provisions.
article 22 these provisions shall come into force as of the date of promulgation.