Chapter 1 General Principles
The first article
In order to further establish and improve the legal risk prevention mechanism of state -owned enterprise，Standardize the work of corporate legal consultants，Guarantee corporate legal adviser to practice according to law，Promote the operation of enterprises in accordance with the law，Further strengthen the supervision and management of state -owned assets of enterprises，Maintain the legitimate rights and interests of the state -owned asset owner and enterprise in accordance with the law，According to the "Interim Regulations on the Supervision and Management of Enterprise State -owned Assets" and relevant national regulations，Formation of these measures。
Two
State -owned and state -owned controlling enterprises (hereinafter referred to as enterprises) legal consultant management work applicable to these measures。
Article 3
The capital contributed in these Measures，refers to the State Council，Provincial、Autonomous Region、The People's Government of the Municipal Government，Set the district city、The People's Government of the Autonomous Prefecture authorizes the state -owned assets supervision and management agency that fulfills the company's responsibilities in accordance with the law。
Article 4
State -owned Assets Supervision and Administration Institutions are responsible for guiding the management of corporate legal consultants。
The state -owned assets supervision and management agency of the higher government in accordance with these Measures to guide and supervise the management of corporate legal advisory by the state -owned assets supervision and management agency of the lower level。
Article 5
State -owned assets supervision and management institutions and enterprises shall establish legal mechanisms to prevent risks，Establish and improve corporate legal consultant system。
Article 6
State -owned assets supervision and management institutions and enterprises shall establish and improve the work incentive of corporate legal advisors、restraint mechanism。
Chapter 2 Enterprise Legal Consultant
Article 7
The corporate legal adviser referred to in these Measures，refers to obtaining the qualifications of corporate legal adviser，hired by an enterprise，Internal professionals who specialize in corporate legal affairs。
Article 8
Corporate legal consultant practice，It should abide by relevant national regulations，Get the qualification certificate of corporate legal adviser。
Corporate legal consultant qualification certificate must pass the unified examination of the national corporate legal consultant practice qualification，Get after passing the grade。
Enterprise Legal Adviser Qualification Management Management shall be responsible for the State Council's state stake online sports betting-owned My stake betting appasset supervision and management institutions and provincial state -owned assets supervision and management institutions in accordance with relevant national regulations。Careful conditions，Associations that should be entrusted to corporate legal consultants to organize specific management。
Article 9
Enterprises should support employees' learning and master legal knowledge related to their job，Encourage qualified persons to participate in the national corporate legal consultant qualification examination。
Enterprises shall establish a corporate legal advisory business training system，Improve the business quality and practice level of corporate legal consultants。
Article 10
Corporate legal advisers shall follow the following working principles:
(1) Practice in accordance with national laws and regulations and relevant regulations;
(2) Maintain the legitimate rights and interests of the enterprise in accordance with the law;
(3) Maintain the legitimate rights and interests of the state -owned asset owners and other funders in accordance with the law;
(4) Mainly prevented legal risks and legal control in the event、A supplementary legal remedy afterwards。
Article 11
Enterprise legal adviser to enjoy the following rights:
(1) Responsible for handling enterprise operations、Legal affairs in management and decision -making;
(2) The legitimate rights and interests to damage the enterprise、Damage to the legitimate rights and interests of the investor and violation of laws and regulations，Make suggestions and suggestions;
(3) Check the relevant documents of the enterprise according to the needs of the work、Information，Ask the relevant personnel of the enterprise;
(4) Law、Regulations、Regulations and other rights granted by the enterprise。
The opinions and suggestions of the corporate legal adviser on the corporate legal adviser are not accepted by the opinions and suggestions of the previous paragraph (2) of the previous paragraph (2)，Cause major economic losses，The legitimate rights and interests of the investor that seriously damage the investor，The legal adviser of the subsidiary enterprise contributed by the company can reflect to the capital contributed enterprise，The legal adviser of the funded enterprise may reflect to the state stake online sports betting-owned My stake betting appasset supervision and management agency。
Article 12
Corporate legal advisers shall fulfill the following obligations:
(1) Comply with national laws and regulations and relevant regulations, as well as corporate rules and regulations，Adhere to professional ethics and practice discipline;
(2) Perform the responsibilities of corporate legal consultants in accordance with the law;
(3) For the legal opinions proposed、The legitimacy of the legal documents drafted and other legal affairs handled;
(4) Conservative state secrets and corporate business secrets;
(5) Law、Regulations、Regulations and other obligations stipulated by the enterprise。
Article 13
Enterprises should establish science、Active corporate legal consultant work system and workflow，Standards the authority of corporate legal consultants to handle corporate legal affairs、Program and working time limit，Ensure that corporate legal consultants will work smoothly。
Article 14
Enterprises shall establish a professional technical level system for corporate legal advisory consultants。
Corporate legal advisers are divided into corporate first -level legal consultants、Enterprise II legal adviser and corporate third -level legal adviser。Evaluation methods will be formulated separately。
Article 15
Enterprise legal affairs agencies can be equipped with corporate legal consultant assistant，stake sports betting appAssisting corporate legal consultants to carry out work。
Chapter III Corporate Consultant Consultant
Article 16
The General Legal Consultant of the Enterprise Corporate in these Measures，refers to the qualifications of corporate legal consultant，hired by an enterprise，Senior managers who are responsible for corporate legal affairs work。The general legal adviser of the enterprise is responsible for the legal representative or general manager of the enterprise。
Article 17
Large enterprise set up a general legal consultant of an enterprise.
Article 18
The general legal consultant of the enterprise shall have the following conditions at the same time:
(1) Protocol、Perform the basic route of the party and the country、policy and policy，Bing Gong's blame，Strictly abide by the law;
(2) Familiar with business management，With a high level of policy and strong organizational coordination capabilities;
(3) Proficient in legal business，Work experience and abilities with complicated or difficult legal affairs;
(4) With the qualifications of corporate legal consultant，If the management department at or above the enterprise has served as the main person in charge for 3 years;，And served as the person in charge of the corporate legal affairs agency。
Article 19
Corporate general legal adviser can recruit from society。Recruitment methods will be formulated separately。
Article 20
The employment of the general legal consultant of the enterprise is implemented。The capital contributed in accordance with the person in charge of the enterprise will submit the selected corporate legal adviser to the state stake online sports betting-owned My stake betting appasset supervision and management institution for the record; Record。
Article 21
The general legal adviser to the enterprise fulfills the following responsibilities:
(1) Comprehensive responsible for corporate legal affairs work，Unified coordinated handling corporate decision -making、legal affairs in operation and management;
(2) Participate in major business decisions of the enterprise，Legal to ensure decision -making，and prevent comments on relevant legal risks;
(3) Participate in the formulation and implementation of the important rules and regulations of the enterprise，Establish and improve corporate legal affairs agencies;
(4) Responsible for the corporate legal publicity and education and training，Organize the establishment of corporate legal advisory business training system;
(5) Violation of laws on enterprises and subordinate units、Regulations to make corrections，Supervision
Supervisor or assist relevant departments to make rectification;
(6) Guidance under the legal affairs work of the subordinate units，Suggestions on the appointment and removal of the person in charge of the legal affairs of the subordinate units;
Suggestions on the appointment and removal of the person in charge of the legal affairs of the subordinate units;。
Chapter 4 Enterprise Legal Agency
Article 22
The corporate legal affairs institution referred to in this method，refers to the functional department that dedicated to the legal affairs of the enterprise，It is a practicing agency for corporate legal consultants。
Article 23
Large enterprises set up special legal affairs agencies，Other companies can set up legal affairs agencies as needed。
Enterprises shall be equipped with corporate legal consultants for legal affairs agencies according to work needs。
Article 24
Corporate legal affairs agencies perform the following responsibilities:
(1) Correctly implementing national laws、Regulations，Make legal opinions on the major business decisions of the enterprise;
(2) Drafting or participating in drafting、A review of the important rules and regulations of the enterprise;
My stake betting app(3) Management、Audit Enterprise Contract，Participate in the negotiation and drafting of major contracts;
(4) Participate in the separation stake betting appof the enterprise、Merge、Bankruptcy、Drink、Investment financing、Guarantee、Lease、Property right transfer、bidding and restructuring、Reorganization、The company's listing and other major economic activities，Treatment of relevant legal affairs;
(5) Apply for business registration and trademark、Patent、Commercial Secret Protection、Notarization、Evidence and other relevant legal affairs，Do a good job of corporate trademark、Patent、Commercial Secrets and other intellectual property protection work;
(6) Responsible or cooperated with relevant enterprise departments to carry out legal publicity and education on employees;
(7) Provide legal consultation related to the production and operation of enterprises;
(8) Entrusted by the legal representative of the enterprise，Participating in the business of the enterprise、Arbitration、Administrative reconsideration and hearing activities;
(9) Responsible for selecting a lawyer，and supervise and evaluate its work;
(10) Handling other legal affairs assigned by the person in charge of the enterprise.
Article 25
Legal affairs agencies shall strengthen the finances with corporate affairs、Audit and supervision and other departments coordination and cooperation，Establish and improve various supervision mechanisms within the enterprise。
Article 26
Enterprises shall support corporate legal affairs agencies and corporate legal consultants to perform their duties in accordance with the law，Provide necessary organizations for the work of legal affairs、System and material protection。
Chapter 5 Supervision and Inspection
Article 27
State -owned assets supervision and management institutions shall strengthen the supervision and inspection of the legal system of the legal system they contributed。
Article 28
State -owned assets supervision and management institutions shall urge the company to make decisions in accordance with the law、Management of management according to law、Maintain your legitimate rights and interests in accordance with the law。
Article 29
The funded enterprises submitted to the division approved by the state -owned assets supervision and management agency in accordance with relevant regulations、Merge、Bankruptcy、Drink、Increase or decrease capital、major issues such as major investment and financing，It should be issued by corporate legal consultants to issue legal opinions，Analysis related legal risks，Clear legal liability。
Article 30
A legal disputes involving the major rights and interests involved in the investor involved in the investor，It should be recorded with state -owned assets supervision and management institutions within one month from the date of legal disputes，and accept relevant legal guidance and supervision。
Article 31
The supervision and inspection of the company -funded enterprise on the construction of the legal system of its subsidiaries shall be implemented with reference to this chapter.。
Chapter 6 Reward and Punishment
Article 32
State -owned assets supervision and management institutions and enterprises shall operate in accordance with the law，Avoid or restore major economic losses of the enterprise，Corporate legal affairs agencies and corporate legal advisors who have made significant contributions to the preservation and value -added of state -owned assets are given commendation and rewards。
Article 33
Corporate legal adviser and general legal consultant neglect the duty、Abuse of power、Practice for private interest，What causes major losses to the enterprise，It shall be investigated for its legal responsibility，and can be at the same time in accordance with relevant regulations，It is reported stake sports betting appby the enterprise to report to the management organs to suspend its practice or revoke its corporate legal consultant qualification certificate;，Transfer My stake betting appto judicial organs according to law。
Article 34
Enterprises have not established a sound legal supervision mechanism in accordance with relevant national regulations，For major business decision -making errors，It is reported or warned by state stake online sports betting-owned My stake betting appasset supervision and management institutions or funded enterprises; if the circumstances are serious or cause major losses of state -owned state -owned assets，Disciplinary sanctions to the person in charge and other directly responsible persons in accordance with the law;，Transfer My stake betting appto judicial organs according to law。
Article 35
The relevant person in charge of the enterprise to perform the responsibilities of the corporate legal adviser to combat revenge，It is reported or warned by state -owned assets supervision and management institutions or funded enterprises;，Disciplinary sanctions are given in accordance with the law;，Transfer My stake betting appto judicial organs according to law。
Article 36
Staff of the state -owned assets supervision and management institution illegally interfered with the work of corporate legal consultants，The legitimate rights and interests of the corporate and corporate legal adviser to infringe，Administrative sanctions to the person in charge and other directly responsible persons in accordance with the law;，Transfer My stake betting appto judicial organs according to law。
Chapter 7 Affiliated Rules
Article 37
Enterprise and corporate legal consultants can join the corporate legal adviser's association organization，Participate in the organization activities of the association。
Article 38
Local state stake online sports betting-owned My stake betting appasset supervision and management institutions can formulate implementation rules in accordance with these Measures。
Article 39
These measures will be implemented from June 1, 2004.
