How To Prevent Risks In Signing Contracts
Since the signing of a contract can be signed by a legal representative on behalf of the agent, there is a certain risk in signing the contract with the agent. In social practice, we should pay attention to the following points:
(1) it is necessary to know as much as possible about the eligibility and credit status of the contract before making a contract, and pay attention to whether the business license of the other party is overdue, whether it is an annual check, whether it is a fake license, whether the premises and offices are in line with what they say, whether there are signs of a bag company, whether it is on the brink of bankruptcy or signs of worsening business situation, whether it has any illegal business scope, whether there is a bad intermediary intermediary, whether there are high commission kickbacks, whether there are bad deeds or business scandals.
A letter of attorney, if necessary, check with the other party's unit to make sure that there is no embarrassment or inhuman doubt. It is necessary to know that the carelessness of the party will lead to huge losses. If we know the style of the other party's affairs, whether it is the current staff of the other units, whether they are familiar with the relevant conditions of the unit (such as administrative personnel, organizational structure, product performance, contract performance), whether they are familiar with the relevant legal knowledge of the contract, whether there is malicious collusion or defame the situation of their unit's reputation or the person in charge, we must not rush to make a contract or sign it reluctantly, because once the contract is not recognized by the agent, all the consequences of the contract may be borne by the contract maker. (2) when making a contract, be sure to confirm the identity and qualifications of the other party and the relevant written evidence, such as verification of the work card, identity card, authorization of the other party.
(3) strictly examine the substantive and formal requirements of the contract.
The substantive requirements refer to the contents and clauses of the contract, and the formal requirements refer to whether the contract needs to be approved, notarized, witnessed or issued, and the relevant seal is accurate, complete and legal.
The terms of the contract should pay attention to whether the key clauses are clearly stated (such as the time limit for performance, the terms and conditions of payment, the liability for breach of contract, the rights and obligations of both parties).
When signing a contract, it is necessary to pay attention to the agreement between the signature and the seal and the signatory unit and its responsible person (or the authorized person). In reality, the contract is invalid because of the difference of the word. In addition, attention should also be paid to the time of the conclusion and the supplementary work that needs to be done after the conclusion, such as the payment of the fixed gold, the approval of the contract, etc.
(4) it is best to notarization or witness testimony of a contract, so that other agencies will share the agency risk.
When notarization organs and law firms undertake notarization and testimony of contracts, they generally require the parties concerned to issue relevant supporting documents, such as business licenses, legal representative certificates, identity cards, and power of attorney, etc., to conduct "second checks". In this way, the third party (relative) can understand the information that they can not learn with the power of intermediary agencies.
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