Summary of personal work of legal counsel for half a year: a joint-stock company:
Sincere cooperation for another year, as your company's perennial legal adviser, in the past year, with the scientific decision-making and strong support of your company's leaders and the extensive and hard cooperation of all the staff of the company's legal affairs department, and the unremitting efforts of both of us, the company's legal affairs work has achieved good results. The old year has passed, and the new year has drifted by. In order to sum up the work and carry forward the past and better carry out and complete the work of the new year, the work of legal counsel in the past year is summarized as follows:
First, do a good job in the execution of closed cases, in order to maximize the recovery of the company's losses.
In the past 2 0 years, there have been three litigation cases about the company's collection of goods, one is the case of county and town Pan defaulting on payment, the other is the case of Liao freight contract dispute, and the other is the case of county and county He and others defaulting on payment. At present, the three cases have already been closed and have applied to enter the court's enforcement procedures.
In the previous case, we actively cooperated with the county people's court, and communicated with the executive judge many times in time, which made the executive judge work and contribute. Finally, the court returned the lawsuit preservation deposit of our company in time, and the payment owed by Pan was fully executed according to law.
In the last two cases, the execution work is not smooth, and so far it has failed. The fundamental reason is that the parties have no fixed address and their whereabouts are unknown. At present, we don't know their whereabouts and fixed address, and the court can't carry out the execution work because we provide the parties' residences, which makes the execution of the last two cases not yet finished. This virtually led to the immediate loss of the company. In the new year, we will actively inquire about the traces of the parties in the above two cases, urge the court to intensify its enforcement work and fully cooperate with the court's enforcement work, so as to recover the loss of the company as soon as possible.
2. A lawyer's letter and legal opinion were issued in accordance with the law, requiring customers to fulfill their agreed obligations and guiding the company and the company's legal affairs department to carry out legal affairs in an orderly manner. The main performance is as follows:
(1) Issue a lawyer's reminder letter to the companies that are in arrears with our company's payment, such as Henan Co., Ltd., and ask the companies that are in arrears with our company's payment to pay off the payment in time, so that the company's payment can be withdrawn in time and unnecessary losses can be avoided.
(2) In order to fight against illegal and criminal acts and safeguard the personal rights of employees of the company, at the request of the company, a number of legal opinions were issued according to law.
20 years 10, Sun, a former employee of our company, repeatedly threatened Li, the main leader of our company, in different ways and means and extorted money and goods. When we received the notice from the company, we were deeply aware of the seriousness of the matter, and immediately contacted the company to study the nature of Sun Ping's behavior and its legal consequences with the company leaders in time. Through research and analysis, we believe that Sun's behavior has constituted extortion, so we made it clear to the company that Sun's behavior is serious and he is suspected of committing a crime according to the provisions of China's criminal law. In order to stop the illegal behavior and ensure Li's personal safety, we suggest that we report the case to the public security and judicial organs, and the public security and judicial organs will intervene in the investigation to investigate Sun's criminal responsibility. To this end, two legal opinions on Sun's alleged extortion were issued to the company twice in a row to better safeguard the legitimate rights and interests of the company and its employees.
III. Continue to make suggestions for standardizing the management of the company and legally and orderly production and operation.
It is very necessary to standardize the operation and management of companies, especially the operation and management activities of large companies, in accordance with the law, so as to make them scientific and orderly. Our company is a big company, and it is growing day by day. Therefore, it is very important and necessary to standardize the operation and management of our company. Therefore, we actively and actively contacted the company's legal affairs department, timely adjusted and revised the company's relevant rules and regulations, and refined them, so as to standardize the behavior of the company and employees as much as possible. At the same time, focus on the case or a certain aspect of company management, and make key adjustments and revisions. For example, in the management of pesticide industry, we revised and submitted the article "Several Opinions and Suggestions on Industry Management in China" to the company for reference.
Fourth, the guarantee system for the company's marketing personnel was formulated and improved, and the guarantee procedures for some marketing personnel were handled.
(I) Formulated and improved the guarantee system for the company's marketing personnel. This paper summarizes and perfects the guarantee system for the marketing personnel of the company over the years, and formulates the Operation Rules for Guarantee Work, Guarantee Contract, Internal Sales Contract, Basic Information Form of Guarantor and List of Guaranteed Property, etc.
(2) Having gone through the guarantee procedures for some marketing personnel. In March of 20, I went to Guilin, Yulin, Guigang, Liuzhou and other places to handle the guarantee procedures for some marketers.
(3) In order to safeguard the interests of the company and recover economic losses, continue to appeal and protest against the case of Li and others' arrears of money to the company. After the first and second trial, the court ruled that the dispute between Li and others and the company was an internal matter of the company, which was resolved by the company itself. We believe that the court ruling is legally unfounded. Now the case has been appealed to the district procuratorate, which has transferred the case to the district procuratorate for filing and review, and will make a protest.
5. Hold legal lectures and train employees in legal knowledge.
On February 29th, 2000, Kloc-0, I held a legal training lecture on the new company law in Hawaii International Hotel, and sent a letter to invite general manager Li and other company leaders to attend. As the end of the year is approaching, most company affairs can't attend. In view of this, we submitted the lecture materials to the company for timely reference, and attached the fifth issue of "Hope for Law Reference" of the law firm for the company's reference, so as to understand the legal knowledge and current legal trends.
The above is a summary of our consulting work in the past six months. Looking back on the past six months, we are glad to see that the company's business is booming, the company's operation is orderly and standardized, and the number of litigation matters is obviously reduced, although some payment for goods has not been collected in time and the closed cases have not been executed. Objectively, this is inseparable from the hard work of our consultants.
We deeply apologize for the shortcomings in our work, and sincerely hope that in the next 20 years, we can cooperate with each other and participate in the company's operation and management wholeheartedly, provide legal basis for the company's scientific decision-making, improve the company's legal awareness and legal concept, and use legal knowledge as a weapon in the market economy, so as to do a better job in your company's legal affairs, truly safeguard the company's legitimate rights and interests, and strive to enhance the company's market competitiveness.
Law firm
January, 2000
Summary of personal work of legal consultants for half a year 21. Promote legal services into the consultant village and make contributions to building a harmonious countryside. I provide legal services to the consulting villages through a combination of fixed time and irregular time. The purpose is to improve the legal awareness of rural cadres and the masses, promote production, operation and management according to law, promote the construction of democracy and legal system in consulting villages, and build a harmonious countryside. To this end, I mainly undertake the following tasks:
First, do a good job in serving the collective economic development of the consulting village and strive to promote the management of the consulting village according to law. With the continuous progress of the construction of socialist rule of law, in order to realize modern agriculture such as the adjustment of rural industrial structure, the circulation of agricultural products and the supply of farmers' means of production and subsistence, the development of agricultural industrialization, investment attraction, innovation and transformation of agricultural science and technology, and poverty alleviation and development, legal services must be sent to the places where the economic development of the consulting village is most needed, so as to promote the legal operation and management of the collective economy of the consulting village.
Second, do a good job in serving the stability of the consulting village and strive to solve the consulting village? Agriculture, countryside and farmers problem The problems of agriculture, countryside and farmers mainly focus on the gap between urban and rural areas, the income gap between urban and rural areas, and the gap between urban and rural social development. This gap has reached a very dangerous level, which has affected the economic, political and social development and stability of the whole country. At present, the central government attaches great importance to the issues concerning agriculture, rural areas and farmers, especially in xx 1 month, when General Secretary proposed on behalf of the central government that solving the issues concerning agriculture, rural areas and farmers is the top priority of the whole party's work. This is a sign that both the party system, the government system and other systems in the country should make efforts to solve the issues concerning agriculture, rural areas and farmers according to the requirements of the central government.
Nowadays, focusing on the outstanding problems that affect the stability of the consultant village, we should strengthen legal consultation and guidance on the mediation of contradictions and disputes arising from land contract management, land acquisition compensation, homestead use, rural rights and interests and production development, help resolve the contradictions and disputes that are group-based, complex and easy to intensify, strengthen publicity and education on the laws and regulations on social stability in the consultant village, guide the consultant village to express its interests in a legal way and in a normal way, and create a stable social environment for the new rural construction of the consultant village.
Third, it is to do a good job in serving the construction of democracy and the rule of law in the consulting village and strive to promote the development of democracy and the rule of law in the consulting village to a higher level. Strengthen the legal publicity and education of village cadres, managers of various economic organizations and self-employed workers in consulting villages, help improve the legal quality of village cadres and their ability to manage rural social affairs according to law, guide them to act according to law, solidly carry out the activities of establishing democratic and rule-of-law villages, and promote the development of democracy and rule-of-law construction in consulting villages to a higher level; The fourth is to do a good job in serving the peasants in the consulting village to safeguard their rights according to law and promote legal services into the consulting village.
Further expand the breadth and depth of coverage of legal services in consulting villages, realize zero-distance contact between legal services and farmers, help consulting villages better safeguard their legitimate rights and interests, and promote the extension of legal services to rural areas. For example, I informed the consultant village of the procedures for land requisition compensation. According to the Law of the People's Republic of China on Land Administration, after the land requisition plan is approved according to law, it will be implemented by the people's government at the county level, and the approval authority, approval number, land requisition purpose, scope, area and compensation standard, agricultural personnel placement method and compensation period will be announced in the countryside.
Secondly, the owner and user of the expropriated land shall, during the announcement period, go to the land administration department of the people's government at the county level with relevant certificates to register the land requisition compensation. Once again, the land management department at the county level shall, according to the approved plan, work out a compensation and resettlement plan for land acquisition in conjunction with relevant departments, announce it in the countryside, and listen to the opinions of village collectives and farmers. The ownership of land compensation fees, land compensation fees are owned by village collective organizations, ground attachments and young crops compensation fees are owned by all, and resettlement subsidies must be earmarked for social insurance for landless farmers.
Four, take various forms to provide legal services for the advisory village.
According to the legal demand of the consultant village, in view of the simple and irregular operation procedures in the previous consultant village, which often caused various contradictions, the villagers also had opinions on the work of the village Committee, resulting in many disputes, which not only affected the development of the village collective economy, but also affected the harmony and stability of the consultant village.
In order to safeguard the legitimate interests and stability of the village collective economy, I have adopted legal advice to explain the law and solve doubts; Carry out legal publicity and education; Help to revise village rules and regulations, as well as contracts and agreements; Help people in need to obtain legal aid according to law; Assist in handling other law-related cases and provide legal services to various consulting villages. For example, the cadres of Fengtan Village asked me whether they could subcontract the village collective land to others and whether the contract period could be 30 years. It is possible to subcontract collective land, but the term of such subcontracting shall not exceed 30 years from the original contracting date.
That is to say, the first contracted land in Fengtan Village began in 1999. According to the relevant provisions of the land contracting law, the land contracting period is 30 years, that is, from 1999 to 2029. Therefore, the longest period of land sub-contracting can only be until 2029, so the period of sub-contracting can't be 30 years, and it can only be 2 1 year at most. For another example, a villager asked his father to invest in the shop, which is now run by his brother. Can he share the property of the shop if he is not involved in the operation?
My answer is whether your father is still alive, and if so, it is up to your father to decide who to give it to, because the store is your father's personal property. If your father is gone, then the store belongs to your father's inheritance, and you two brothers can inherit it according to the inheritance law. If your mother is still alive, you can each get one-third of the property. When I provide the above-mentioned legal services for the consulting villages, I will not charge any fees. I will represent the collective and villagers in the consulting villages in litigation and arbitration cases, and if paid services are involved, the legal service institutions and the clients will reach an agreement through consultation, and they will be separately agreed in the form of contracts. Through litigation and non-litigation channels, provide legal help for the village's production and business activities. In addition, in the process of serving as a rural legal adviser, if I find that the consultant village has illegal business operations and illegal management, I will immediately point it out and urge the rectification.
Summary of Personal Work of Legal Counsel for Half a Year III. In the first half of 20 16, under the correct leadership of the party and government of the company, all the staff of the contract department made arrangements according to the workers' congress and work meeting at the beginning of the year, United as one, made positive progress, and successfully completed all the tasks assigned by the company. The main work in the first half of this year is reported as follows:
I. Contract Management The supply company strictly abides by the provisions of the contract management of the group company, conscientiously implements the legal pre-examination system for contracts signed with foreign countries of more than 2 million, and strictly follows the rules of the group company? Measures for the administration of contract review? Relevant regulations, further strengthen the supervision of the contract signing process, and resolutely put an end to it? Backdated? 、? Sign the contract afterwards? The phenomenon, so as to effectively prevent legal risks in the process of contract signing.
20 161-may, the supply company * * * signed 2074 contracts, with a bid amount of 741703,500 yuan. According to the nature of the enterprise, the group company signed118 copies, amounting to 47 15 1.27 million yuan, and the joint-stock company signed 956 copies, amounting to 2.7 million190.8 million yuan; According to the property of materials: materials were signed in part 1920, with an amount of 630,442,300 yuan, and equipment in part 154, with an amount of1126.120,000 yuan; The contract signing rate reached 100%.
II. Bidding Management In the process of legal consultant's work, I actively participated in all kinds of bidding, price comparison and business negotiations of supply companies, and put forward corresponding opinions and suggestions in combination with reality and management, providing strong legal support for standardizing the company's procurement behavior. From the end of last year 10, the supply company began to prepare for the bidding of the group company in 20 16, and the supply company carried out the information collection and bidding subcontracting of the annual plan before bidding in strict accordance with the requirements of the Measures for the Administration of Bidding of XXXXXXXX Co., Ltd. Communicate with China Merchants Company for many times, and set the technical parameters of materials for hanging nets repeatedly to avoid any mistakes and make them accurate and detailed.
Iii. Development of Legal Publicity According to the Notice on Launching 20 16 Intellectual Property Publicity Week, Xishan Coal and Electricity Letter? 20 16? 170, in order to implement the national innovation-driven strategy, improve the innovation ability of enterprises, and further play the role of intellectual property rights in promoting the development of enterprises, we have organized the broad masses of cadres and workers to learn the intellectual property protection law through the company's electronic display screen, website, and other channels to enhance the intellectual property awareness of all cadres and workers in light of the actual situation of the company. If we really understand the importance of intellectual property rights, we can protect our rights and interests by proper legal means when we encounter related problems in our future work, improve the overall ability of managing enterprises according to law, speed up the process of managing enterprises according to law, and create a good social atmosphere for building a harmonious society and harmonious units.
Four, license management legal and effective qualification license is the premise of enterprises to operate according to law. At present, the country is constantly promoting the reform of the commercial system and simplifying the procedures for handling licenses. We are in close contact with relevant departments and have completed the annual inspection and replacement of various licenses on time and as required.
Are you online? Three certificates in one? In terms of pilot implementation, Taiyuan plans? Three certificates in one, one photo and one yard? Registration mode, realization? One-stop acceptance, parallel approval and one-window issuance? The new registration mode will complete all licenses 20 17 years ago? Three certificates in one? In this regard, we will closely contact with the industrial and commercial administration department and handle it in time. In the second half of this year, under the correct leadership of the party and government of the company, all the staff of the contract department will strengthen their confidence, face up to difficulties, cooperate with various departments to do a good job in the company's supply, management and service, and make new contributions to the company's comprehensive completion of various tasks and indicators.
Summary of Personal Work of Legal Counsel for Half a Year IV Jiangxi xx Law Firm signed the Contract of Engagement of Legal Counsel with X Branch on X/X, 20 1X, and the law firm assigned this lawyer to be responsible for the specific legal counsel work of your company. Time flies, and half a year has passed. Now, I will make a summary of the work in the past six months, with a view to better correcting and exchanging views and promoting each other.
First, provide legal advice, analyze enterprise affairs and guard against legal risks.
There's a proverb? Law is as ubiquitous as air. ? Xxx Branch (hereinafter referred to as the Company) is a large state-owned holding enterprise with a long history. The business scope is also a special industry involving the national economy and people's livelihood. Therefore, in terms of assets, personnel, mode of operation, and internal management, it is even more necessary to handle every enterprise affairs prudently. Our lawyer provides legal advice by phone or in person, and gives detailed answers.
Second, the whole process involved in the company's asset purchase, disposal and other major corporate affairs.
With the change of the company's management policy and strategy, it is necessary to purchase private gas stations that meet the planning and sell idle self-owned gas stations. This involves the amount of assets, the transfer of property rights, and the prevention of transaction risks. The lawyer comprehensively reviewed and revised the economic contract. In addition, it points out the legal risk of a commission violation to a large customer, and suggests that it be corrected immediately.
Third, use their own advantages to represent enterprises in litigation and safeguard the legitimate rights and interests of the company.
As a social lawyer for many years, this lawyer has good social resources and rich legal practice experience. Good communication with legal cases, familiar with litigation skills, and strive to safeguard the legitimate rights and interests of consulting units. A lawsuit to confirm the ownership of a gas station property that has been unresolved for many years has achieved the expected results. There is another case of traffic accident damage compensation under trial in the court.
Four, the plan and prospect of enterprise legal adviser in the second half of the year.
People from both sides have more exchanges, exchange information and strengthen communication. Our lawyer will inform the company of the promulgation of major laws and regulations involving enterprises and suggest organizing study. When necessary, our lawyer will arrange time through consultation, and teach and discuss collectively. As for the company, we will copy the relevant documents to our lawyer for review on business principles and policies, major management decisions, changes in internal management system and economic contracts.
A summary of the personal work of legal counsel for half a year. The work of legal counsel is related to the construction of a government ruled by law and is an important help to promote the construction of filial piety under the rule of law. In the first half of this year, under the leadership of the district government and with the concerted efforts of four legal advisers, the legal adviser work in Xiaonan District has achieved great results.
I. Basic information
For a long time, the legal consultant work in our district has implemented a part-time government legal consultant appointment system, and professionals are selected from professional institutions with rich legal practice experience such as law firms as part-time government legal consultants, who are mainly responsible for participating in the demonstration of important administrative decisions of the district government and providing legal and policy basis; Drafting, revising and reviewing contracts, agreements and other legal documents signed in the name of the District People's Government and the government office, and participating in the negotiation of major economic projects as needed; Participate in the research and demonstration of the opinions and implementation plans of the district government's administration according to law; Participate in the consultation and demonstration of normative documents; According to the needs, provide consultation for administrative law enforcement supervision and administrative reconsideration, and handle civil and administrative litigation cases of the district government.
Second, the main results
First, actively participate in major administrative decisions of the government. Since the beginning of this year, the legal adviser of the district government has attended the executive meeting of the district government for five times and participated in the discussion of major administrative decisions, providing legal services for the district government to make decisions according to law, ensuring that major government decisions comply with laws and regulations, and promoting the pace of building a government ruled by law.
Second, actively serve the development of the economy. Provide legal review opinions on major investments, major project construction and important contracts. Nine times, we have conducted centralized discussions on major government activities, important investments and important contracts. Participated in the drafting of articles of association for 4 times, participated in the drafting of normative documents for more than 30 times, and put forward constructive review opinions on the formulation of normative documents to ensure the scientificity, legitimacy and operability of major government decisions.
The third is to actively provide professional services for administrative reconsideration and administrative litigation cases. Since the beginning of this year, the government's legal adviser has participated in the administrative litigation for five times, providing legal advice for the solution of administrative reconsideration cases. At the first administrative reconsideration committee in our district, the legal adviser made full use of legal knowledge, combined with the case, and made in-depth analysis, which finally promoted the legal and reasonable solution of Huang's administrative reconsideration case.
Third, the existing problems
First, the potential and role have not been fully exerted. Restricted by the number of personnel, time and energy, the government legal adviser has not been able to participate in government decision-making and daily law-related affairs in an all-round and multi-angle way; At the same time, there is a lack of incentive mechanism, and the enthusiasm of government legal advisers has not been fully mobilized.
Second, the long-term mechanism needs to be further improved. Our district has implemented the government legal adviser system for many years. Although it has played a positive role in promoting the rapid economic and social development in our district, from the perspective of implementing the requirements of administration according to law and realizing the legalization, standardization and scientificity of administrative work, it is necessary to further improve the relevant supporting systems and improve the long-term mechanism of government legal adviser work.
Fourth, the next step
First, increase the participation of government legal advisers in government affairs. The scope of legal services provided by government legal advisers to legal matters involved in the process of government administration according to law should be further expanded. A government ruled by law? The inevitable requirement.
The second is to improve the comprehensive quality of government legal advisers. When undertaking government legal affairs, legal advisers are not simply about the application of laws, but more about laws, policies and social issues. As government legal advisers, they need not only rich litigation experience, but also strong political awareness, professional awareness and responsibility awareness, a correct grasp of regional conditions and the ability to analyze and judge decision-making risks. Therefore, it is necessary to improve the professional skills and comprehensive service ability of government legal advisers to better meet the needs of government work.
The third is to establish a long-term assessment and incentive mechanism, mobilize the enthusiasm of government legal advisers, promote the development of government legal advisers, and improve the level of government administration according to law.