1. The professional title of corporate legal consultant is divided into three levels. ?
2. According to the "Evaluation of Professional Titles of Enterprise Legal Advisors": the qualifications for professional positions of enterprise legal advisers are divided into professional positions of first-level legal advisers, second-level professional positions of enterprise legal advisers and third-level professional legal advisers of enterprises. Professional positions.
The professional qualifications for corporate first-level legal advisors are equivalent to the qualifications for senior professional and technical positions. The professional qualifications for the second-level corporate legal advisor are equivalent to the qualifications for deputy senior professional and technical positions. The professional qualifications for the third-level corporate legal advisor are equivalent to the qualifications for intermediate professional and technical positions. ?
3. Evaluation management agency: The State-owned Assets Supervision and Administration Commission of the State Council is responsible for guiding and supervising the evaluation of professional qualifications for legal consultant positions in state-owned enterprises across the country. The provincial-level State-owned Assets Supervision and Administration Commission is responsible for guiding and supervising the evaluation of professional qualifications for legal consultant positions in state-owned enterprises in the region.
Extended information:
First of all, the subject applying for corporate legal counsel should be a person who has obtained the qualification of legal advisor and has been registered and filed.
The second is to have the computer skills and foreign language skills necessary for the position.
Corporate legal advisors are also called corporate lawyers, including external corporate legal advisors, which refer to the law firm accepting the entrustment of the enterprise to appoint lawyers as legal advisors to the enterprise, and internal corporate legal advisors, which refer to the enterprises hired by the enterprise. Legal professional managers. Regardless of the form of corporate legal advisor,
they are mainly engaged in corporate legal consultation, legal counsel, project negotiation, preventing legal risks, implementing national laws and regulations, and providing legal opinions and participating in major corporate business decisions in accordance with the law. Drafting and reviewing important corporate rules and regulations, contract review and signing, corporate litigation and non-litigation and other legal affairs.
But usually, companies hire lawyers as permanent legal advisors, and their scope of services excludes arbitration, litigation, labor disputes, investment and financing and other special legal services.
(1) In-house legal advisor
The internal legal advisor system originated from the "Measures for the Management of Corporate Legal Advisors" promulgated by the State Economic and Trade Commission Order No. 2 in 1997. This measure It stipulates that corporate legal advisers must pass the unified examination, obtain the "Corporate Legal Counsel Practice Qualification Certificate" and be registered, and be hired by the enterprise to engage in corporate legal affairs full-time.
According to the "Decision of the State Council on Cancellation and Adjustment of a Group of Administrative Approval Projects and Other Matters" issued by the State Council on August 12, 2014 (Guofa [2014] No. 27), the professional qualifications of corporate legal advisors were cancelled. The examination system
Currently holding a legal professional qualification certificate is still valid and can be hired as a corporate legal consultant.
Article 9 of the "Measures for the Management of Corporate Legal Advisers" stipulates that the responsibilities that an enterprise's internal legal agency or legal advisers should perform include:
1. Assist enterprise leaders to correctly implement national laws,
2. Participate in drafting and reviewing important corporate rules and regulations;
3. Manage corporate contracts and participate in the negotiation and drafting of major contracts Work;
4. Participate in important economic activities involving enterprise rights and interests, such as mergers, divisions, bankruptcy, investments, leasing, asset transfers, bidding and company reconstruction, and handle relevant legal affairs;
5. Handle the enterprise's industrial and commercial registration and trademark, patent, trade secret protection and other related legal affairs;
6. Accept the entrustment of the enterprise's legal representative and act as an agent for the enterprise's litigation and non-litigation activities;< /p>
7. In joint-stock companies listed overseas, recommend the corporate legal advisor to the board of directors to serve as the secretary of the board of directors;
8. Cooperate with relevant departments of the enterprise to carry out legal publicity and education for employees;
9. Carry out legal consultation related to the company’s production and operation;
10. Responsible for the selection, liaison and related work of the company’s external lawyers;
11. Handle company leadership Other legal matters assigned by the person.
(2) Corporate external legal counsel
According to Article 28 of the Lawyers Law (revised in 2017), the obligations that lawyers can engage in include: “(1) Accepting legal counsel from natural persons , legal persons or other organizations, to serve as legal advisors;"
The scope of services for lawyers who accept the appointment of law firms as corporate legal advisors can refer to the following expressions:
⒈Answer legal consultation, provide Provide advice on legal operations.
⒉Modify or draft various contracts on your behalf, and strive to obtain the maximum benefits for the hiring party within the scope of the law.
⒊ Conduct a comprehensive review of the authenticity, legality and validity of the contracts signed by the company and provide legal opinions.
⒋Entrusted by the hiring party to provide legal witness for the hiring party (this content is charged separately), and prepare legal opinions, lawyer letters and other non-litigation legal matters.
⒌Accept the entrustment, act as the agent of the employer, participate in the mediation, arbitration or litigation activities of economic contract disputes, labor disputes, seek a fair settlement of disputes, and safeguard the legitimate rights and interests of the employer. (This content is charged separately)
⒍Assist the hiring party to clear up its claims and debts and formulate debt collection plans; entrusted by the hiring party, participate in mediation, arbitration or litigation to ensure the realization of the hiring party's claims. (This content is charged separately)
⒎According to the needs of the hiring party, assist the hiring party in carrying out relevant legal publicity activities, educate employees to abide by the law, and use legal means to strengthen corporate management.
⒏ Provide middle-level cadres of enterprises with laws, regulations and the most commonly used legal provisions that should be informed. Provide relevant legal knowledge presentations based on the needs of the hiring party.
⒐Provide corporate executives with regular legal advice related to their business activities, provide them with relevant legal information, explain relevant legal regulations, and provide legal opinions for senior executives' decision-making.
⒑Modify and supplement contracts in a timely manner, and develop a series of standard format contracts for the company's internal and external parties for reference by various departments of the company and group.
⒒ Clear out the contract business that requires timely recovery, list the recovery methods and timetable, ensure the statute of limitations, and protect the company and enterprise benefits.
Baidu Encyclopedia-Corporate Legal Advisor