苏州依城进出口有限公司
苏州工业园区娄葑和顺路77号3号楼3楼(1). Use registration requirements to differentiate virtual contract subjects.
Due to the different regulations for company registration in various countries and regions, the virtual contract subject caused by the difference in registration in international trade is not easy to be found.
(2). Use the method of anchoring to virtualize the subject of the contract.
In judicial practice, contracts are sometimes signed by means of affiliation, borrowing, etc. Due to the fact that the entity performing the contract lacks the corresponding qualifications or the economic strength is weak, it is more likely to have difficulty in fulfilling the contract. Although an enterprise can hold the affiliated party accountable in the event of a dispute, the price paid will pose serious legal risks to the enterprise.
(3). Malicious use of limited liability to escape contractual obligations.
Deliberate fraudsters in international trade register limited liability companies with very low capital, obtain party qualifications, sign large contracts, defraud the other party, and cause huge economic losses to them. In the event of a larger liability or damage, the company will apply for bankruptcy and liquidation.
(4). The agent's power of attorney is unclear or the representative's rights are restricted.Most contracts entered into by businesses are completed by agents. If the agent or the power of agency is unclear, there will be risks such as unauthorized agency and unauthorized agency, so that the contract will eventually be revoked or cannot be fully performed, and there is a huge risk to the enterprise that has performed the contract. In addition, in practice, except for the legal representative, anyone else signing a contract requires authorization.
(1)Review the situation of the other party.
If the opposite party is a natural person, the examination is mainly aimed at whether the party has full capacity for civil conduct. If the other party is a legal person, its business registration needs to be reviewed. For branches, it is also necessary to review the relevant situation of their head office.
(2) Investigate the ability of the contract subject to perform the contract.
It is necessary to understand the business status of the other party from the general economic activities, such as the nature of the enterprise, the industry, and whether there are traditional or special regulations on transactions in the region where the enterprise is located. The legal address of an enterprise, with or without legal address, can often reflect other aspects of the parties, and can also provide clues for other aspects of the investigation, and in the event of a dispute, the legal address is also the standard for serving legal documents.
(3)Review the qualifications of the other party's signatory.
The Contract Law stipulates that a contract becomes effective when it is signed or sealed by the legal representative. Such persons do not need to be authorized to sign a contract, and a contract concluded beyond their authority is valid unless the counterparty knows or should know. However, the legal representative should still be required to show his ID and check it. When the signatory is an entrusted agent, it should be checked whether there is a power of attorney, whether the scope of authorization is clear, and whether the authorization period has expired.