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What is the due diligence of lawyers in financing loans?
Contents of due diligence of lawyers

1. Subject qualification: investigate the establishment of the target company, including the established contract and articles of association, mainly focusing on whether there are provisions, contents or regulations for defensive acquisition. Registration, shareholders, payment of registered capital, annual examination, company change, cancellation or cancellation, etc. In addition, we should also pay attention to the establishment, evolution and changes of the resolutions of the board of directors, shareholders' general meeting and meeting minutes of the target company.

2. Main assets and corresponding rights: including movable and immovable property, tangible assets and intangible assets. Specifically, it includes: (1) land use right certificate; (2) house property certificate; (3) Real estate lease agreement; (4) List of office equipment and production equipment, invoices and insurance policies; (5) Vehicle list, insurance policy, etc. ; (6) patent certificate; Trademark certificate; (7) Technology transfer or licensing agreement; (8) Trademark and patent licensing agreements; (9) Proprietary technologies such as trade secrets.

Lawyers shall examine and verify the ownership of the above assets, whether there are mortgage and use restrictions, the scope, term and method of use of intangible assets, and find out whether the seller's rights to the assets are complete, whether the asset evaluation is appropriate, and whether there are risks such as value reduction.

3. Major events: including major contracts, mainly (1) sales, production and agency contracts; (2) service agreement; (3) Processing contracts and compensation trade contracts; (4) financing lease contract; (five) the purchase and sale of important equipment and insurance contracts; (6) production water supply and power supply contract; (seven) the labor contract between the enterprise and the employee; Confidentiality contracts and non-competition agreements between enterprises and managers and technicians. Major creditor's rights and debts and major litigation, arbitration and administrative penalties, mainly including litigation and arbitration involved by enterprises at present and in recent years, as well as administrative penalties for environmental protection, taxation and labor disputes; Lawsuits related to business operations involving shareholders, directors and senior managers of the company.

4. Personnel information: including the basic information of the senior managers of the enterprise; Samples of labor contracts signed between enterprises and employees; The organization of the enterprise trade union and the collective labor contract or agreement signed with the trade union; Enterprise employee welfare policy; Enterprises pay social insurance premiums.