推荐访问:WWW.86148.COM 站内查询:
设为首页 加入收藏 在线留言
 
网站首页 制报道 中国法律篇 财经法规篇 地方法规篇 国际条约篇 案例汇编 法律英文版 法制课堂 会员注册 联系我们 福建法学
 
您现在所在的位置:首页 >>法律英文版>>THE CONTRACT IS MANAGED >> 文章内容
Provisions of the Shenzhen Special Economic Zone f
双击自动滚屏 文章来源:网上转载   发布者:admin   发布时间:2001-7-28   阅读:7788

 

 @@  Article  10. The entrustment of an agent must be conducted in
written form and go through notarisation.
A certificate of authorisation or an agency letter should include name,
sex, age  and nationality of the agent, authorised matters, limits of
authority, effective period and the date of authorisation, signature
and seal of the bailor or a competent institution.
 @@  Article  11.  With  regard  to  a contract which needs to be
implemented continuously  within  a rather long period, the persons
concerned of the two sides  shall  agree  on a duration of the
contract and the conditions for extending or terminating the contract
before expiration.
 @@  Article  12.  The persons concerned of the two sides to the
contract should provide a guarantee in the following forms:
1 Down payment or performance bond;
2 Guarantee of property mortgage;
3 Bank guarantee;
4 Guarantee of a company or enterprise; and
5 Other guarantees.
  @@  Article  13.  When  the  guaranteed  person  fails  to
implement  his contractual obligations, the guarantor shall bear the
joint responsibility for  violation  of  contract or implement the
obligations for the guaranteed person.
 @@  Article  14. After the persons concerned of one side who have
paid to the  other  side a down payment or performance bond have
implemented the contract,  the  down payment or performance bond
should be returned or transferred as a payable fund.
 If  one  side  having paid a down payment or performance bond
fails to implement  the  contract,  it has no right to ask for the
return of the down payment or performance bond. If the other side
having accepted the down payment  or  performance bond fails to
implement the contract, it should pay back double the amount of the
down payment or performance bond.
 @@  Article  15. A joint venture contract constitutes a written
agreement on the  establishment of an enterprise or undertaking with
the joint investment of  the special zone side and investors. The
parties to the joint venture shall share the profits or losses in
proportion  to their respective contributions and bear the limited
responsibility. This kind of contract should include the following main
items:
 1  Names  of  the parties to the joint venture, their countries (or
regions) of  registration,  official  addresses,  names  of legal
representatives and their functions and nationalities:
 2  Name  of the joint venture, its address and purpose, area of land
used by it, scope and size of its business;
 3  Total  investment  value and registered capital of the joint
venture, amount  and proportion of investment contributed by the
parties to the joint venture respectively, mode of investment, time
limit for payment of funds, and stipulation for handling the assignment
of arrears of the payable funds;
 4 Main equipment and techniques to be used in production and their
sources;
5 Ways of purchasing raw materials and selling products;
 6  Schedule  for  the  construction  of  the joint venture
and  the responsibilities of the parties to the joint venture in
the fields of preparatory work, construction, production and management;
 7  Operation  period  of  the joint venture, its dissolution,
clearing  procedures  and  the ownership of the properties after
termination;
8 Principles of handling finance, accounting and auditing;
 9  Stipulations for labour management, wages, welfare benefits,
labour protection, labour insurance and other matters;
 10  The  composition  of  the  board of directors, its term of
office and functions;
 11  The  procedures for employment of general manager and deputy
general manager,  the composition of personnel and their functions
and limits of power; 12 Sharing of profits or losses and the limited
responsibility;
13 Guarantee and responsibility for violation of the contract;
 14 Arbitration agreement or other measures for the settlement of
disputes;
15 Place and date of signing the contracts; and
16 Other items which the two sides deem necessary.
 @@  Article  16. A cooperative management contract constitutes a
written  agreement  on  the cooperative production, management or
establishment of an enterprise  or  undertaking  for  which  the
special zone side provides the right to the use of land and to
the exploitation of resources, factory buildings, labour force and
labour service, and the investors provide funds, equipment, materials
and  technology, as well as on the proportions of sharing  profits
or  products  among  the  parties  concerned and their respective
rights  and  obligations  including the liability for risks. The main
content of the contract is similar to that prescribed in Article 1

[1] [2]  下一页


【 字体: 打印本页 | 关闭窗口
 本文的地址是: http://86148.com/onews.asp?id=20879  转载请注明出处!
意见簿 | 联系我们 | 友情链接 | 标志说明 
合作联系:0591-28858502 网站合作联系 本站联系方式不接受法律咨询。
中国法律法规资讯网 版权所有 闽ICP备11010190号  制作:孤岩设计工作室

网络支持:哈唐网络科技有限公司
COPYRIGHT@2001-2018 WWW.86148.COM All RIGHTS RESERVED
www.86148.com www.Law114.cn www.86148.com.cn www.86148.cn