Contracts are the basic legal documents of enterprise business activities. Establishing a full-lifecycle contract risk management system is core to preventing legal risks.
Drafting stage: clarify contract purpose and core clauses, use enterprise standard contract templates, conduct legal review of non-standard contracts. Review essentials: subject qualification (business license, qualification certificates, power of attorney), subject matter clauses (clear quantity, quality, specifications), price clauses (amount, payment method, invoice terms), performance clauses (time, place, method), breach liability (specific and actionable), dispute resolution (jurisdictional court or arbitration body). Establishing a tiered contract review system is recommended.
Before signing: verify counterparty's subject qualification and performance capability (business registry check, credit investigation, on-site inspection). At signing: use official seal or contract seal, signed by legal representative or authorized representative, multi-page contracts with cross-page seal. After signing: original contracts uniformly archived, establish contract ledger (number, counterparty, amount, performance period, status). Electronic contracts require reliable electronic signatures to ensure legal effect.
Performance stage: timely perform obligations per contract, retain performance evidence (delivery notes, acceptance certificates, reconciliation statements, payment vouchers, correspondence). Monitor counterparty's performance; upon detecting breach signs, promptly take measures (demand notice, suspend performance, require guarantee). Contract modifications require written supplementary agreements. Force majeure requires prompt notification and proof. Establish contract expiration warning mechanism.
Contract termination: normal completion, agreed termination, statutory termination. Contract termination must meet agreed or statutory conditions, with written notice to counterparty. Dispute handling: prioritize negotiation (lowest cost), then mediation, then arbitration or litigation. Statute of limitations is 3 years (from date rights infringement was known or should have been known). Establishing a contract dispute emergency plan and consulting lawyers promptly for major contract disputes is recommended.