within what scope can the tendering agency carry out its activities? A procuratorial agency shall handle the bidding matters within the scope entrusted by the tenderer and abide by the provisions of the law on the tenderer. Agency behavior has the following characteristics: first, the agent expresses his own skills for the benefit of the principal. In other words, the agent's mission is to act as a legal act on behalf of others, such as concluding a contract, performing debts, claiming damages, etc. Second, the agent must carry out legal acts in the name of the principal, that is, the so-called "direct agency". Third, the legal effect of agency behavior directly belongs to the principal. The application of agency is limited to acts without personal nature, and civil legal acts that should be carried out by me according to the law or the agreement between the two parties shall not be represented. The premise of its emergence is that the trustee signs an entrustment contract with the client and the client makes an authorization act. The most fundamental point is that the agent must carry out the agency behavior within the scope of authority entrusted (the scope of agency authority), and only the civil activities carried out within this scope can be regarded as the behavior of the principal, and the principal shall bear civil liability for the legal rear of the agency behavior. Judging from the provisions of the Bidding Law and the General Principles of the Civil Law, a bidding agency is a social intermediary organization established according to law, engaged in bidding agency business and providing related services. Its main duty is to accept the entrustment of the tenderee and handle relevant tender matters on its behalf, such as compiling tender documents, organizing bid evaluation and coordinating the signing and performance of contracts. Therefore, from the legal point of view, bidding agency belongs to a kind of entrusted agency and should abide by the relevant provisions of the law. Based on this consideration, the law stipulates: "A bidding agency shall handle bidding matters within the scope entrusted by the tenderer." Within the scope of authority entrusted by the tenderer, the bidding agency handles the bidding matters in the name of the tenderer, and obtains rights and sets obligations for the tenderer. Therefore, in the bidding activities, although the bidder is in contact with the bidding agency, it represents the interests of the tenderer, and the consequences of the behavior are also borne by the tenderer. See more about the responsibilities, rights and obligations of professional pharmacists in bidding law, * * * procurement law, Order No.18, Order No.89 and Order No.3?
Licensed pharmacists are professionals who are responsible for providing drug knowledge and pharmacy service. Licensed pharmacists are experts in drugs and the most suitable candidates to answer the public's questions about drugs.
Licensed pharmacists, also known as pharmacists, are professional technicians who are responsible for providing drug knowledge and pharmacy service. Licensed pharmacists are experts in drugs and the most suitable candidates to answer the public's questions about drugs. Pharmacists are responsible for reviewing whether there are drug interactions among several drugs prescribed by doctors; According to the patient's medical record and the doctor's diagnosis, suggest the most suitable dosage form (such as liquid medicine, pill, anal plug medicine, etc.) and dosage for patients; At the same time, they will also teach patients what to pay attention to and how to take drugs. What are the rights and obligations of the holding company?
The new company law, which came into effect on January 1st this year, has made adjustments and improvements in lowering the conditions for the establishment of a company, standardizing the company's foreign investment guarantee behavior, adjusting the company's financial accounting system, improving the company's merger, division and liquidation system, and establishing the integrity standards of the company and relevant personnel. The following aspects are explained one by one:
Reduce the conditions for the establishment of a company
1. Reduce the requirements for the amount of registered capital of a company and the establishment of a quorum
The new company law cancels the requirement of distinguishing the minimum registered capital according to the business content of the company, reduces the minimum registered capital of a limited liability company to RMB 3,, and stipulates that the minimum registered capital of a joint stock limited company is reduced to RMB 5 million. The company is allowed to pay in installments within 2 years, but the initial capital contribution shall not be less than 2% of the registered capital. The investment company can pay in full within five years. At the same time, the new company law has increased the form of one-person limited liability company, so the quorum for the establishment of a limited liability company is no longer limited to more than two people, and it is only stipulated that it should be established by less than 5 shareholders. A joint stock limited company shall have two or more persons but less than 2 persons as promoters, and more than half of the promoters shall have domicile in China.
2. relax the mode of capital contribution
the original company law only stipulated that the company can make capital contribution in cash, in kind, industrial property rights, non-patented technology and land use rights. In order to relax the mode of capital contribution and avoid increasing excessive transaction risks, the new company law adopts a combination of enumeration and generalization, stipulating that shareholders can make capital contributions in currency, or they can make capital contributions in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and can be transferred according to law. Although the mode of capital contribution has been relaxed, the company has made an exception of "the property that is not allowed to be invested according to laws and administrative regulations", and the company should pay special attention to relevant laws and regulations.
3. increase the contribution ratio of non-monetary assets
the original company law stipulated that the contribution ratio of intangible assets should not be higher than 2% of the registered capital of the company. The new company law stipulates that the monetary contribution shall not be less than 3% of the registered capital of the company, that is, the maximum contribution ratio of non-monetary assets (including intangible assets) shall not be higher than 7% of the registered capital.
standardize the company's foreign investment and guarantee behavior
1. cancel the restrictions on the object and proportion of the company's foreign investment
the original company law stipulates that the company can invest in other limited liability companies and joint-stock limited liability companies, and bear limited liability to the invested companies within the limit of the capital contribution. In addition, it is stipulated that, except for investment companies and holding companies stipulated by the State Council, the accumulated foreign investment of the company shall not exceed 5% of its net assets. In order to facilitate the investment and financing activities of the company, the new company law stipulates that the company can also invest in other non-corporate enterprises, and completely cancels the restrictions on the proportion of foreign investment of the company. However, in order to maintain the limited liability of the company, the new company law stipulates that unless otherwise stipulated by law, the company shall not be a joint and several liability investor for the debts of the invested enterprise.
2. Regulating the Company's investment and providing guarantee for others
The company's foreign investment and providing guarantee for others may bring greater risks to the company's property, and the new company law specifically adds relevant provisions to regulate it. The company's investment in other enterprises or providing guarantee for others shall be decided by the board of directors or shareholders' meeting, and shall not exceed the limit stipulated in the articles of association. At the same time, if the company provides guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or shareholders' meeting, which is actually a restriction on the abuse of power by the controlling shareholders and managers. In addition, the new company law stipulates the avoidance system when making a resolution, that is, the relevant shareholders or shareholders controlled by the actual controller may not participate in the voting.
adjust the company's financial accounting system
1. cancel the mandatory requirement for the company to withdraw the public welfare fund
the company's withdrawal of the public welfare fund is mainly used to purchase and build employee housing. After the reform of the housing distribution system, enterprises are no longer allowed to raise funds for employees' housing, and the public welfare fund has lost its original purpose. According to the changes in social welfare system and enterprise financial accounting system, the new company law has deleted the provisions on the company's withdrawal of public welfare funds.
2. Strengthening external audit
In practice, the board of directors and senior managers of the company manipulated accounting firms to make false accounts, which affected the objectivity and fairness of external audit results. In order to ensure the independence of accounting firms and give full play to the supervisory role of external audit, the new company law has made three provisions: first, it is stipulated that the appointment and dismissal of accounting firms undertaking company audit business should be decided by shareholders' meeting, shareholders' meeting or board of directors, and accounting firms should be allowed to state their opinions when voting on dismissal; Second, the company shall provide true and complete accounting vouchers, accounting books, financial accounting reports and other accounting materials to the accounting firm it employs, and shall not refuse, conceal or make false reports; Third, the board of supervisors (supervisors) can investigate the abnormal operation of the company, and if necessary, they can hire an accounting firm to assist them in their work, and the expenses shall be borne by the company. This provision also applies to joint stock limited companies.
improve the system of company merger, division and liquidation
1. simplify the system of company merger and division
the procedures of company merger and division stipulated in the original company law are too complicated. In order to facilitate the reorganization and flow of capital, the new company law has been revised in two aspects: first, the announcement procedures of company merger, division, capital increase and capital decrease have been appropriately simplified; Second, it is added to stipulate that if shareholders disagree with the resolution of merger or division of the company made by the shareholders' meeting, they can ask the company to buy the shares of the company they hold at a reasonable price, and the joint stock limited company is also applicable.
2. Standardizing the liquidation system of the company
In order to strengthen the liquidation responsibility of the company's shareholders and solve the problems of dissolution and evasion of debts without liquidation, Chapter 1 of the new company law "Dissolution and liquidation of the company" makes the following provisions: First, it is stipulated that the company whose business license is revoked or its establishment registration is cancelled shall be dissolved, and the company's shareholders shall organize liquidation according to law; Second, when there are serious difficulties in the operation and management of the company, the continued existence will cause great losses to the interests of shareholders, which cannot be solved by other means. When shareholders holding more than 1% of the voting rights of all shareholders of the company request the people's court to dissolve the company, the company should also set up a liquidation group to carry out liquidation; Third, it is clearly stipulated that the liquidation group shall not pay off the creditors during the period of reporting the creditor's rights, so as to protect all creditors from fair compensation; The fourth is to make it clear that the company is considered to exist during the liquidation period.
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Establishing a code of good faith for the company and its related personnel;
The operation of the company not only concerns the interests of shareholders, employees and other internal stakeholders, but also plays an important role in the market economic order and social interests. The company and its shareholders, directors and supervisors must also bear certain social responsibilities and fulfill corresponding legal obligations. Therefore, the new company law first requires companies to be honest and trustworthy, safeguard the interests of the public and fulfill their social responsibilities in the general provisions. At the same time, strengthen the supervision of the company's directors, supervisors and senior managers, and add four prohibited acts for the above-mentioned personnel: First, you must not lend the company's funds to others or provide guarantees for others with the company's property without the consent of the shareholders' meeting, shareholders' meeting or board of directors; Second, in violation of the provisions of the company's articles of association or without the consent of the shareholders' meeting, shareholders' meeting or the board of directors, enter into a contract or conduct transactions with the company; Third, without the consent of the shareholders' meeting or shareholders' meeting, take advantage of his position to seek business opportunities belonging to the company for himself or others, and run the same business as the company he works for himself or for others; The fourth is to accept the commission of others trading with the company as your own.
in addition, the new company law no longer provides for the relevant contents of stock and bond issuance, but is unified by the Securities Law. Therefore, the relevant conditions require that the company should pay special attention to the contents of the securities law. What are the rights and obligations of agents?
Rights of the agent:
1. The agent has the exclusive right to manage the brand in this area.
2. The agent has the right to put forward product update opinions according to the characteristics of the region.
3. The agent has the right to develop outlets in the area under its jurisdiction according to the company's regulations.
4. The agent has the right to participate in the company's business study and skills training.
5. Agents have the right to formulate local marketing policies according to laws and regulations.
6. The agent has the right to organize various outlets to learn and communicate according to laws and regulations.
7. The agent has the right to cancel the incompetent outlets.
8. The agent enjoys the rights of sales commission, management commission and company welfare.
obligations of the agent:
1. The agent has the obligation to abide by the company's rules and regulations.
2. The agent has the obligation to keep the business secrets of the company.
3. The agent has the obligation to participate in the company's training and study.
4. The agent has the obligation to maintain the company image and brand value.
5. The agent has the obligation to organize employees of all outlets to participate in training and study.
6. The agent has the obligation to coordinate the contradictions among the outlets.
7. Agents have the obligation to maintain market prosperity and stability. What are the rights and obligations of the person in charge of the branch?
hello! The person in charge of a branch may be concurrently appointed by the legal representative of the head office. The rights and obligations of the person in charge of a branch company are generally stipulated in the company's articles of association, which are bound by the company law and the company's articles of association. Because the branch does not have the status of an independent legal person, the application for the establishment of a branch can be reported by the articles of association of the head office, but it is generally necessary to submit the resolution of the shareholders' meeting to set up a branch or the amendment of the articles of association of the head office. When the amendment of the articles of association of the head office is made, specific provisions can be added to adjust the branch office and its responsible person, and the general head office is legally responsible for the actions of the branch office. If you have any other questions, please consult again.
What responsibilities and obligations should be fulfilled as a bidding agency
1. Draw up a bidding scheme;
2. The project is submitted for construction and a tender announcement is issued;
3. Assist the tenderee to review the qualifications of bidders;
4. Prepare bidding documents and bill of quantities;
5. Organize bidders to visit the site and answer questions, and sort out the minutes of answering questions;
6. Organize bid opening, bid evaluation and calibration;
7. Submit a written report on bidding;
8. Assist in signing the project contract;
9. Other matters related to project bidding
bj ⑦ y л BX Changzhi W Sheng Y л HL∧ F The first step of registering company 4: After consultation, receive and fill in the Application for Pre-approval of Name (Change) No.3 and Investor Q Authorization Opinion No.5, and prepare relevant materials at the same time; What are the rights and obligations of the party?
1. Obligations
1. Seriously study Marxism–Leninism, * * * Thought, * * Theory, "Theory of Three Represents" Important Thought and Scientific Outlook on Development, * * Socialism with Chinese characteristics Thought in the New Era, learn the Party's line, principles, policies and resolutions, learn the Party's basic knowledge, learn scientific, cultural, legal and professional knowledge, and strive to improve the ability to serve the people.
2. Carry out the Party's basic line, principles and policies, take the lead in participating in reform, opening up and socialist modernization, drive the masses to work hard for economic development and social progress, and play a vanguard and exemplary role in production, work, study and social life.
3. Insist that the interests of the Party and the people are above everything else, and that personal interests are subordinate to those of the Party and the people, and bear hardships.