Drafting of contracts

Once consensus on the principal terms of the transaction negotiations, to enter contract signing stage, naturally raised the question of who will draft the text of the contract, in general, who drafted the text, grasps the initiative. Because verbal deliberations things to form words, there is a process, sometimes, just one word, meaning is very different. Drafting one initiative that can be negotiated in accordance with the contents of each article carefully consider written contract. While the other is unprepared, sometimes, even if carefully considered the terms of the contract, but because of cultural differences, to understand the meaning of the word will be different, difficult to find to ourselves disadvantages. Therefore, in the negotiations, we should pay attention to the text of the draft contract, to fight for one's own draft text of the contract, if this is not possible, but also with each other to jointly drafted text of the contract.

To draft the text of the contract, we need to do a lot of work, which can be combined together with the elaborate preparations for the negotiations. For example, when preparing talking points in the negotiations planned, determined, in fact, the main terms of the contract. Drafting contracts, not only to propose contractual terms agreed by the parties and the parties should bear the responsibility, obligation, and we want to terms Hui proposed to conduct a comprehensive and detailed discussion and research, in terms not clear what concessions, which provisions can be used appropriate compromise, concession and to what extent. Thus, when the two sides engage in substantive negotiations on the draft contract, we take the initiative.

Clearly the parties signed a contract eligibility

The contract is a legal document legally binding. Therefore, required to sign a contract both parties must have signed eligibility. Otherwise, even if the contract is not valid contract. When signing a letter to investigate other funding situation, the parties should be required to provide each other relevant legal documents to prove their legal status. In general, important negotiations, signing shall be the chairman or general manager. Sometimes, though specific business negotiations, there is not the above-mentioned contract staff, but also check the qualifications of contractors. Learn issued as a formal written legal authorization of the submission of proof, a common power of attorney, power of attorney and the like. Legal status and understand each other's jurisdiction, in order to ensure the legality and validity of the contract.

Qualification contract the other party, must be serious, not rashly cut. Especially when negotiating with foreign investors, Hong Kong, due to blind credulity each other, hastily signed a contract, so that the phenomenon occurred frequently suffer deceived. Some units in the rush to import, export, mere acquaintances, not 任何信 funded investigation, signed a huge amount of contract, resulting in heavy losses to the companies and countries. So, be letter-funded survey, to understand each other's business reputation and its ability to conduct capacity and responsibility are very important. Also, do not easily believe that the other side of the card, the card can not replace the certificate, the title of a great business card and some people, in fact, empty. Also, look for dealings with foreign companies, do not just look at credit and assets of the parent company, in fact, is the parent company for its subsidiaries assumes joint and several liability.