Administrative Regulations on Financial Work

Administrative Regulations on Financial Work

 

All lawyers of our head office and branches:

 

In order to further improve the firm's daily administrative and financial management work and protect the firm's healthy development, in accordance with the Ministry of Justice's "Administrative Measures for Law Firms" and the firm's articles of association and other relevant provisions, it sums up past experience and lessons and combines common practices in the lawyer industry. After being studied by the investment partner meeting, the Administrative and Financial Work Management Regulations were unanimously adopted.

 

It will be implemented from May 4, 2020.  

 

During the implementation of these regulations, if you need to revise and improve them, please promptly feedback to the administrative agency of the Zhongtianheng Law Firm for a summary report to the partner meeting for research.

 

Hereby notified.

 

 

 

Attachment: Anhui Zhongtianheng Law Firm's Administrative and Financial Work Management Regulations.

 

 

 

 

Anhui Zhongtianheng Law Firm

May 4, 2020

 

 

 

 

Copy: Hefei Justice Bureau, Hefei Lawyers Association

 

Anhui Zhongtianheng Law Firm

"Administrative Regulations on Administrative and Financial Work"

 

 

According to the “Law of the People ’s Republic of China”, the “Administrative Measures for Law Firms” of the Ministry of Justice, the “Administrative Measures for Lawyers’ Practices ”and the Articles of Association (hereinafter referred to as“ articles ”) of Anhui Zhongtianheng Law Firm (2019 revised)( hereinafter referred to as "the law firm") and other relevant regulations and rules, along with summing up past experience and lessons, the law firm is now formulating the "Administrative and Financial Work Management Regulations" (hereinafter referred to as "the Regulations").

 

Article 1 The law firm shall manage the administrative and financial work of the law firm in accordance with laws and regulations.

 

Article 2 The administrative work management of the law firm includes the management of administrative agencies and administrative personnel.

 

Article 3 The administrative work agency of the Law firm is the Ministry of Administration.

According to the actual needs of the development of the Exchange, other administrative agencies may be established separately.

 

Article 4 The administrative personnel employed by the Law firm include administrative supervisors and administrative front desk personnel. The administrative staff shall select and hire according to the procedures recommended by the firm internally and recruited externally.

 

Once the administrative staff is hired, they sign a "Labor Contract" with the firm. Any party who violates the "Labor Contract" will be liable for breach of contract in accordance with the law.

 

Article 5 The administrative personnel of the Law firm shall enjoy the rights of salary remuneration, salary increase, social security, etc. in accordance with the laws and regulations of the Exchange.

 

Article 6 Duties of administrative staff:

1. Abide by national laws, regulations and policies, and faithfully implement our rules and regulations;

2. The executive staff of the firm is an important channel for the firm to communicate with its investment partners, non-investment partners, all lawyers, financial personnel, and consultants of the firm. It must adhere to the combination of leading by example and strict management and adhere to the combination of strict adherence to the system and communication and reporting;

 

3. The dress code of the administrative staff should reflect the norms and generosity, and the civilized reception language should be used when receiving work.

     

The Law firm may, according to the actual situation, be equipped with uniform administrative work clothes and formulate the standard administrative reception language of the law firm.

 

4. Administrative staff must stick to their work positions, and must not leave their posts for no reason or engage in activities not directly related to their jobs, including live chat and online chat, reading books and other documents;

 

5. The administrative staff must use and save administrative resources reasonably, and must use the public resources of the firm properly during non-working hours;

 

6. According to the particularity of the legal service industry and the intellectual property service industry, the administrative staff of the firm implements a system of reception on duty during non-working hours within working days.

 

7. In order to ensure the convenience and efficiency of social institutions and personnel to consult and entrust to the firm, and to ensure the balance of the daily business reception of each lawyer, the administrative staff of the firm should prepare a shift schedule of lawyers on working days and non-working days. The order in the list determines the on-duty lawyers in the office of the firm every day. They are responsible for receiving consultations and accepting entrusted services. The business undertaken by the on-duty lawyers is handled by the on-duty lawyers in principle. If the special business or the on-duty lawyers cannot handle it, after reporting to the administrative staff, the administrative staff shall report to the person in charge of the firm or the investment partner to determine the appropriate undertaking lawyer. Major difficult matters shall be decided by the Executive Council of the law firm to undertake lawyers.

 

8. For the administrative matters related to the collection, charging, filing, and printing of the Exchange, the administrative personnel shall follow the regulations (2020) Zhongtianheng No. 001 “Regarding the issuance of the“ Regulations on the Registration of Collection, Charging, Archiving, and Printing Registration ”issued by the Law firm Notification ".

 

9. Administrative personnel shall implement a registration and monitoring system for the use of daily office supplies, maintenance of office equipment, purchase of office consumables, public health sites, office computer and network use, and power management. Obviously abnormal or unreasonable expenditure and waste, it is responsible for timely investigation and processing and timely report to the person in charge of the firm or the investment partner after being referred to the administrative meeting of the firm for research and processing.

10. The administrative staff shall maintain regular contact and communication with the party affairs staff and party member lawyers of the law firm, and shall perform administrative support in accordance with the provisions of the law firm.   

 

11. The administrative staff should organize the firm's regular internal business training work to comprehensively improve the political and professional quality of the firm's lawyers. The administrative staff also should implement the internal regular centralized training system for the latest major policies and policies of the Party Central Committee and the State Council, the latest laws and regulations and judicial interpretations, typical cases with strong theoretical value and application value, new business operation models and skills, etc.

 

The administrative staff shall scientifically compile the annual, quarterly and monthly internal business training plans of the Law firm according to actual needs. Whether the lawyers of the firm actively participate in internal business training in accordance with the regulations of the firm will be included in the firm’s important indicators for the annual assessment of lawyers.

 

12. In order to guarantee and optimize the environment for the healthy development of the firm, it is very important to create an atmosphere within the firm that catches up with the provincial and national first-class standards of the lawyer industry.  

 

Our firm will take effective measures to strengthen the education of ideology and philosophy and comprehensive quality education of all lawyers, especially the Communist Party members. The form, content and time schedule of educational activities are formulated in collaboration between the Ministry of Administration and the Party branch. The Party branch of our law firm shall formulate additional measures for the education and training of the CPC members. The education and training of lawyers for party members of other parties are included in the training scope of the party branch of our law firm.  

 

Article 7 In order to completely correct the serious mismatch between the rapid development of the firm and the level of administrative management, and to overcome the long-standing management vacancies left over from the past and the vices of some lawyers who are not thinking about progress and low comprehensive quality, In the future, our lawyers and interns, who have discovered violations of laws and regulations, rumored swindles, harmed the internal unity of the firm and maliciously degraded the reputation of the firm and its lawyers, shall promptly educate and correct it, and report the violation to the person in charge of the firm or the investment partner. The violations of laws and regulations by such personnel shall be referred to the administrative meeting and announced in due course. Lawyers of the firm who violate the law shall be dealt with in accordance with the provisions of the law and the rules and regulations of the law firm. If an intern violates the law, he or she shall immediately terminate his internship activities at the law firm and deal with it in accordance with the laws and regulations of the Institute. If the instructor and intern jointly violate the law and regulations, the lawyer who serves as the instructor shall be disqualified as an instructor; the intern shall immediately terminate his internship activities at the law firm and be dismissed. The firm has the right to report to the competent judicial administrative organ and the lawyers association in time according to the actual situation of its violation of laws and regulations.

 

Article 8 In accordance with the regulations and requirements of the judicial administrative organs and lawyers associations, the firm has effectively strengthened and refined the standardized management of interns in the firm.

 

Interns must obey and accept the management and guidance of the instructor. The subsidy standard for interns during the internship period shall not be lower than the minimum standard prescribed by the law firm, and the subsidy fee shall be paid by the instructor. The payment method and time shall be uniformly prescribed by the law firm.

 

Interns must accept the centralized and centralized education and training of the law firm, and this activity shall be arranged by the administrative staff of the law firm according to the content of education and training. The intern who disobeys the management of the law firm, neither the law firm nor the instructor of the law firm shall approve and approve their participation in the internship assessment.

 

Article 9 Financial work management of the law firm includes the management of financial work institutions and financial staff.

 

Article 10 The financial work organization of the law firm is the Ministry of Finance.

 

According to the actual needs of the development of the law firm, the lawyer business finance department and the intellectual property business finance department can be established separately.

 

Article 11 The financial personnel hired by the Law firm shall choose and hire according to the procedures recommended by the Law firm internally and recruited externally.

 

Once the financial personnel are hired, they sign a "labor contract" with the firm. Any party who violates the "Labor Contract" will be liable for breach of contract in accordance with the law.  

 

Article 12 According to the legal provisions and the rules and regulations of the law firm, the financial staff of the law firm shall enjoy the rights of salary remuneration, salary increase and social security.

 

Article 13 Responsibilities of financial staff:

1. Abide by national accounting laws and regulations and financial discipline, and faithfully implement the rules and regulations of the law firm;

2. The financial staff of the law firm shall report the financial income and expenditure to the investment partners responsible for the financial work of the law firm on a monthly basis, predict and control financial risks, and ensure the standardization and safety of the financial work of the law firm;

3. The financial staff of the law firm shall compile and collect statistics of each lawyer's business income-generating report on a monthly basis and report it to the capital-contributing partner in charge of the financial work in a timely manner. The firm will notify each lawyer's business income generation in a timely manner based on actual conditions and needs. The time, method and scope of the notification shall be determined by the Executive Meeting of the law firm and reported to the meeting of the funding partners.

 

4. The Finance Department of the law firm shall cooperate with the Administration Department of the law firm to monitor and deal with private charges and underpayments. The administrative staff shall provide the financial staff with information such as the amount and time of charging of the lawyer’s undertaking business, and the financial staff shall compile the lawyer’s personal income statistics in accordance with this, and regularly urge the undertaking lawyer to transfer the agency fee or legal consultant fee to the Finance Department of the law firm.

 

According to the actual needs of the entrusted matters, the financial staff of the Law firm may claim the right to charge the client jointly or separately with the undertaking lawyer.

 

If the undertaking lawyer does not claim the right to charge the client or refuses to cooperate with the financial personnel of the Law firm to claim the right to charge the client, the administrative staff of the Law firm regularly compiles a statistical table of these abnormal charges and promptly reports to the Law firm. The investment partners of the financial work shall be reviewed and submitted to the administrative meeting of the Law firm or the meeting of the investment partners for research and decision. The method of claiming the right to charge is determined as two methods according to the specific situation: one is to formally issue the “Letter of Lawyer for Urging Charges” to the client in the name of the firm; the second is to claim the right to charge through litigation or arbitration procedures.

 

5. The financial personnel of the Law firm shall separately pay for the guarantee tax and debts paid by the lawyers flowing out of the Law firm to ensure that the financial and tax risks of the Law firm due to the lawyers flowing out are minimized.

 

6. The Finance Department of the Law firm shall conduct macro-monitoring of the financial situation of the intellectual property institutions and engineering construction and development companies actually controlled by the Exchange. For the lawful investment of the above-mentioned projects by our lawyers in the future, we should make timely profit and risk predictions, guide our lawyers to make rational investment and safe investment, and ensure the improvement of risk prevention capabilities and the maximization of investment returns.

 

Article 14 These regulations shall come into effect after being examined and approved by the meeting of the capital partners of the Exchange, and shall come into force on May 4, 2020.

 

Article 15 The power of interpretation of these provisions shall be vested in the equity investment partner meeting.

Anhui Zhongtianheng Law Firm

May 4, 2020