Recently, the contract dispute case between Tencent and Laoganma has attracted attention.
On the afternoon of July 1st, Guiyang Public Security Shuanglong Branch notified,< span >3 people forged the seal of Laoganma Company, and pretended to be the manager of the marketing department of the company to sign a cooperation agreement with Tencent. At present, 3 people have been detained. This is the police notification announcement:
< section>
Finally the truth is revealed! Comments from netizens:From penguins popping out to sue, The godmother's quick reaction and the speed of solving the case so far, this is too fast! Like a script! Netizen: This is the most magical event in history! Some netizens said: This is a bloody story of a national goddess and an industry boss! The whole thing is really full of twists and turns! It was ridiculed by many netizens, and there was even a new word "to tease the goose":Within 2 days, 3 reversals, netizens were taken aback Stunned! First wave! On June 30th, Tencent sued Laoganma! Netizen:? ? ? Second wave! Lao Ganma responded to Tencent last night:You have been cheated! Netizen: Unbelievable reversal! The third wave! At noon on July 1, the Guiyang police announced the truth! 3 people forged the seal of Laoganma and signed a contract with Tencent!We will Let's briefly review the events. On June 30, China Judgment Documents Network released a civil ruling from the People's Court of Nanshan District, Shenzhen, Guangdong Province. Agree to the plaintiff Tencent's request to seize and freeze the assets worth RMB 16.2406 million under the name of the defendant Laoganma Company.
The first reaction of many people to see this news must be, "How did these two incomparable people get together"? The incident happened like this, Tencent and Laoganma Company signed a " Joint Marketing Cooperation Agreement”, Tencent allocated resources for the promotion of Laoganma oil chili series. Tencent said that Tencent has fulfilled the relevant obligations in accordance with the contract, but Laoganma did not pay according to the contract. Tencent has not received any money after repeated reminders, so it has to prosecute according to law. 
The judgment shows that the plaintiff Shenzhen Tencent Computer System Co., Ltd. (Tencent) sued the defendant Guiyang Nanming Laoganma Flavor Food Sales Co., Ltd. (Laoganma Sales Company), In the service contract dispute case of Guiyang Nanming Laoganma Flavored Food Co., Ltd. (Laoganma Co., Ltd.), Tencent filed an application for property preservation, requesting the seizure and freezing of assets worth RMB 16.2406 million under the names of the two defendants.
This is a common financial dispute in an ordinary company, but the other party is an old godmother! The annual profit reaches more than one billion! 2 million bottles are sold every day! In 2019, the revenue hit a new high of 5 billion! Foreigners' favorite Chinese products! A bottle of Laoganma sold for 70 yuan! Their capital flow is so abundant that they don’t need to go to the market for financing, and the money they earn is all their own! So such a person who is not short of money and has a reputation, how could he fall out for this mere 16.2406 million yuan Woolen cloth? Guiyang police announce the truth!
3 people forged the seal of Laoganma and signed a contract with Tencent!Some netizens can’t believe that Tencent was cheated! Netizen: What is Tencent’s legal affairs doing? Netizen: Goose, I was cheated like this! Some netizens said: The three of them did something I dare not do! < strong>Tencent VS Laoganma incident risk warningAfter reading the case, In daily work, financial personnel will also be exposed to events such as signing contracts and forging official seals, so how to prevent risks? Follow the editor to look down: What the financial manager must master in contract review 3 key points Financial personnel often encounter ConfusionCommon confusion about contracts: In the process of reviewing contracts, can finance replace business? With a lawyer to help review the contract, can finances be left alone? What is the process of contract management and contract review? How to strike a balance between compliance and business development?
The contract is the legal guarantee for various activities of the enterprise, most of the behavior of the enterprise is to sign the contract carried out on the basis of Therefore, being able to control the business behavior at the stage of signing the contract can prevent and regulate the business behavior of the enterprise. Therefore, the executive leader is generally the CFO of the enterprise. If there is no separate risk control department, this responsibility is generally assumed by the finance department. The following is to share with you the main points of financial manager contract review. STEP1: Whether it complies with the company's process systemIs it in line with the process and approval system
Is it in compliance with the relevant regulations of the company
Whether it complies with the relevant management regulations of the company
Whether it meets the company's information system management regulations
Is it within the company's budget?
Whether it is within the scope of work of the financial manager
2. Relevant systems of company contract managementCompany bidding management system< /span>
Company contract approval process and authority
Enterprise Credit Management System
Company contract management regulations
Contract file management
3. Common classification of contracts4. What are the contracts in the company5. Different types of contracts are handled differentlyAccording to different business nature, classify and organize relevant experience, related to the company;
According to the importance of the contract, whether it is the participation of managers or ordinary personnel;
Depending on the content of the contract, how to treat the framework agreement, how to match the order, and how to treat the specific contract.
Case: Company Contract Management Regulations< section data-role='list' data-color='#03b59f' >
Introduction: purpose, means, scope
The contract management system and job responsibilities are led by the Operations and Finance Department; the business department has a contract administrator, which is subordinate to the Finance Department; each business department is responsible for its own responsibility; System"
Company resource certification and customer credit management, which includes "Company Contract Classification and Management Measures"
Contract signing: Necessary investigation before signing, payment method
Contract Approval Authority: Detailed Approval Authority Form
Contract Approval Procedure: Contract Approval Procedure Form
Performance and execution of the contract: who is responsible for the execution of the contract
Contract Variation and Termination: Criteria and Process
Contract dispute resolution: responsible department and process
Contract Management: Finance Department Archive
Responsibility
Other Terms
Case: Contract Approval Authority
Case: Contract Approval ProcessCase: Relevant document design STEP2: Profit of the contractWho will estimate the income and costs? Who is in charge?
What kind of materials should be prepared?
Which aspects should be used for financial calculation?
Contract profit status
Cash flow of the contract
Financial calculation caseSTEP3: What risks exist in the contract1. < /span>Business risks in the contract-
Whether the company has the ability to perform the contract: capital, personnel, technology, etc.;
Subject, delivery method;
Arrival location, arrival acceptance;
Quality Terms;
Whether there are project risks and business risks (installation, integration, service);
If it is raw material procurement, then the quantity, time, quality, warranty, return, whether it meets the plan, etc.;
If selling price, warranty, quantity, delivery time, credit terms, sales incentives, quality requirements.
2. Financial risk in the contractCash flow: whether there is money, settlement methodWhether it will bring risks to the company's cash flow ? SolutionQualification, registered capital, company strength, credit record of the contract subjectCustomer credit analysis and tracking management Is there a commercial risk - fraud, previous unsettled lawsuitsIs this the first transaction? Is it a regular transaction? Analysis of other risk factors3. Legal risks in the contractIs the subject of the contract validIs the contract itself validValidity of Contract SigningForm your own company's contract templateIs the key content covered? Irrelevant questions will not be mentionedImportant clauses are clearly statedThe logical order before and after is clearCase: Key Points of Contract Review for Procurement and Financial Software ImplementationProcurement Software Implementation and Online Problems, causes and solutions that are likely to arise in project contractsCase: Key Points of Contract Review for Procurement and Financial Software Implementation< span >Problems, causes and solutions that are likely to arise in software implementation project contractsHow to identify the authenticity of the seal Company seals, including official seals, contract seals, financial seals, and corporate seals, must be made by the engraving agency designated by the Public Security Bureau. The country also has standard requirements for the font of the official seal. For general domestic companies and enterprises, the most common is Song style or imitation Song style. Although it is not absolute, if you use other fonts, please remain skeptical and improve alert. < section data-id='94212'> The real official seal, to be saved in the computer, needs to be dipped in ink pad, stamped and then scanned. After scanning, the color of the ink pad generally appears dark red from the computer , the most important thing is that the color looks densely packed with irregular dots, this is because the real seal is not evenly ink and the force is not consistent during the process of stamping with ink pad, and the white paper and the table below cannot be absolutely smooth Yes, so the stamped prints always have uneven colors. The fake stamps made by computer are generally very uniform red, the whole stamp has no color difference, and There is no impurity or blankness. < section >
Includes the shape of the word and the shape of the surrounding circle. Words, either Round or oval seals, although the characters are not horizontal and vertical, but each character is a well-regulated rectangle when viewed alone, it is impossible to distort, or it may look trapezoidal if it is fat on the top and thin on the bottom, which is often faked. The scammers of the official seal have all paid attention, so you must also pay attention. Secondly, look at the shape of the circle around the seal, this circle has a certain width, and carefully Looking at the edges (including the edges of the characters on the seal), it is impossible to be very smooth, and there are often some small gaps, small corners or small gaps, which are also caused by the inconsistency between the density of the ink and the strength of the stamp during the process of dipping ink and stamping . The stamps made directly by the computer do not have these problems, perfect can only be described as fake . That is to say, the angle of stamping. Although the vast majority of people hope that the stamps will be very straight when stamping, there will always be a little deviation, especially the circular stamps are even more difficult to grasp. But when the computer makes a stamp, it must be 100% positive by default, although the stamp is positive Whether or not a seal is true or false cannot be judged, but as a clue to distinguish a fake seal, please use it comprehensively. Check whether the official seal is on the blank space of the agreement or on the text. Generally speaking, the real seal is stamped on the company name, and the poorly made fake seal They all like to put it on the blank space, because the fake seal is made by computer, if it is put on the text, it will block the text behind. However, in order to make more authentic fake seals, they will also be stamped on the text At this time, you need to take a closer look at the place where the words on the seal and the words printed on the paper overlap. If it is a real seal, even if they overlap, the text behind it can still be displayed through the ink; while the fake seal made by the computer, It will completely block the text below.
➤ New regulations on train ticket reimbursement! It will be implemented from now on, and the changes will be great. Hurry up and notify the business staff!
➤ Extraordinary fraudulent invoicing case! 30000000000!
➤ These two taxes! Just declare but not pay, it is not against the rules!
➤ Just now! The tax return has changed, and it will be implemented from July 1!
➤ Strictly investigate public transfers from July? 100,000 investigations? In fact, the real rules are like this!
➤ Officially implemented from July! The social security payment base has been greatly adjusted! Cancel the medical insurance account, change the five insurances into four insurances! The wages are about to drop!
Source: Sina Weibo, China Judgment Documents Network, Guiyang Public Security Bureau, Law Park, Caizhidongfang e lecture hall.
Articles are uploaded by users and are for non-commercial browsing only. Posted by: Lomu, please indicate the source: https://www.daogebangong.com/en/articles/detail/A%20fake%20official%20seal%20defrauded%20Tencent%20of%201624%20million%203%20key%20points%20that%20financial%20managers%20must%20master%20when%20signing%20a%20contract.html
支付宝扫一扫 
评论列表（196条）
测试