2. According to the "Measures for the Evaluation of Professional Titles of Enterprise Legal Advisers", the professional qualifications of enterprise legal advisers are divided into professional positions of enterprise first-level legal advisers, professional positions of enterprise second-level legal advisers and professional positions of enterprise third-level legal advisers.
The professional post qualification of enterprise-level legal adviser is equivalent to full-time senior professional and technical post. The professional post qualification of enterprise second-level legal adviser is equivalent to the post qualification of deputy senior professional and technical post. The professional post qualification of enterprise's third-level legal adviser is equivalent to the intermediate professional and technical post qualification. ?
3. Appraisal management organization: The State-owned Assets Supervision and Administration Commission (SASAC) of the State Council is responsible for guiding and supervising the qualification appraisal of professional positions of legal consultants in state-owned enterprises nationwide. SASAC at the provincial level is responsible for guiding and supervising the qualification evaluation of professional positions of legal advisers in local state-owned enterprises.
Extended data:
First of all, the subject of applying for enterprise legal counsel should be the person who has obtained the qualification of legal counsel and has been registered for the record.
The second is to have the necessary computer skills and foreign language skills.
Enterprise legal counsel is also called enterprise lawyer, including external legal counsel, that is, law firms accept lawyers entrusted by enterprises to serve as enterprise legal counsel, and also include internal legal counsel, that is, enterprise legal professional managers hired by enterprises. No matter what form of corporate legal counsel,
Mainly engaged in enterprise legal consultation, legal consultant, project negotiation, preventing legal risks, implementing national laws and regulations, providing legal advice on major business decisions of enterprises according to law, participating in the drafting and review of important rules and regulations of enterprises, contract review and signing, enterprise litigation and non-litigation and other legal affairs.
However, under normal circumstances, enterprises hire lawyers as perennial legal advisers, which will exclude special legal services such as arbitration, litigation, labor disputes, investment and financing.
(A) the enterprise internal legal adviser
The enterprise legal adviser system originated from the Measures for the Administration of Enterprise Legal Counsel promulgated by Order No.2 of the State Economic and Trade Commission in 1997, which stipulated that enterprise legal adviser refers to a professional in an enterprise who has passed a unified examination, obtained the Qualification Certificate of Enterprise Legal Adviser and registered, and is employed by an enterprise to engage in enterprise legal affairs.
According to the Decision of the State Council on Cancelling and Adjusting a Batch of Administrative Examination and Approval Items (Guo Fa [2065438+04] No.27) issued by the State Council on August 20 12, the professional qualification examination system for enterprise legal consultants was cancelled.
The current legal professional qualification certificate is still valid and can be employed as an enterprise legal consultant.
Article 9 of the Measures for the Administration of Enterprise Legal Advisers stipulates that the duties that an internal legal institution or legal adviser shall perform include:
1, assist enterprise leaders to correctly implement national laws and regulations, and put forward legal opinions on major business decisions of enterprises;
2. Participate in drafting and reviewing important rules and regulations of the enterprise;
3. Manage enterprise contracts and participate in the negotiation and drafting of major contracts;
4. Participate in important economic activities such as enterprise merger, division, bankruptcy, investment, leasing, asset transfer, tendering and bidding, corporate restructuring, etc., and handle relevant legal affairs;
5. Handling industrial and commercial registration, trademarks, patents, trade secret protection and other related legal affairs;
6. Accept the entrustment of the legal representative of the enterprise to act as an agent for the litigation and non-litigation activities of the enterprise;
7. For a joint stock limited company listed overseas, recommend the company's legal adviser to the board of directors as the secretary of the board of directors;
8, cooperate with the relevant departments of the enterprise to carry out legal publicity and education for employees;
9, to carry out legal advice related to the production and operation of enterprises;
10, responsible for the selection, liaison and related work of external lawyers of enterprises;
1 1. Handle other legal affairs assigned by business leaders.
(2) External legal counsel of the enterprise
According to Article 28 of the Lawyers Law (revised 20 17), the obligations that lawyers can undertake include: "(1) accepting the entrustment of natural persons, legal persons or other organizations to serve as legal advisers;
The scope of services for lawyers to accept the appointment of law firms as corporate legal advisers can refer to the following expressions:
1. Answer legal advice and provide suggestions for legal operation.
4. Modify or draft various contracts on behalf of the employer, and strive to obtain the maximum benefits for the employer within the scope permitted by law.
3. Conduct a comprehensive review of the authenticity, legality and validity of the contract signed by the company, and put forward legal opinions.
4. Entrusted by the employer, be a lawyer witness for the employer (this content is charged separately), and prepare legal opinions, lawyer letters and other non-litigation legal affairs.
5. Accept the entrustment, as the agent of Party A, to participate in mediation, arbitration or litigation activities of economic contract disputes and labor disputes, seek a fair solution to the disputes, and safeguard the legitimate rights and interests of Party A .. (This content will be charged separately).
6. Assist Party A to clean up the creditor's rights and debts and make a collection plan; Party B entrusts to participate in mediation, arbitration or litigation to ensure the realization of Party A's creditor's rights. (This content is charged separately)
According to the needs of the employer, assist the employer to carry out publicity activities on relevant laws, educate employees to abide by laws and regulations, and strengthen enterprise management by legal means.
⒏ Laws and regulations and the most commonly used legal provisions provide information for middle-level cadres in enterprises. According to the needs of the employer, preach relevant legal knowledge.
(9) Provide the top management of the enterprise with legal advice related to its business activities on a regular basis, provide them with relevant legal information, explain relevant legal provisions, and put forward legal opinions for the top management to make decisions.
⒑ Revise and supplement the contract in time, and formulate a series of internal and external standard format contracts for the reference of the company and various departments of the group.
(1) Clean up the contract business that needs to be paid in time, list the payment method and progress, ensure the limitation of action and ensure the interests of the company and the enterprise.
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