国家开发银行法律事务管理暂行办法.docx

1、国家开发银行法律事务管理暂行办法国家开发银行法律事务管理暂行办法National Development Bank on printing and distributingNotice of the Interim Measures for the administration of the legal affairs of the State Development Bank(opened in September 9, 1999 1999 No. 328)Preparatory branch of each branch of the national development bank:T

2、he Interim Measures for the administration of the legal affairs of the National Development Bank are hereby issued to you, and please earnestly follow them.Attachment: Interim Measures for the administration of legal affairs of the State Development BankChapter I General ProvisionsArticle 1 These me

3、asures are formulated in accordance with the state laws and regulations and the relevant regulations of the State Development Bank in order to regulate the administration of legal affairs of the State Development bank.The legal affairs referred to in these second measures include:(I) legal matters i

4、n financing and issuing bonds;(two) legal affairs in project financing;(three) legal affairs in the reorganization of assets;(four) legal matters in disposition of pledged and pledged goods;(five) apply for legal matters in the order of payment;(six) legal proceedings in proceedings;(seven) to initi

5、ate legal proceedings in arbitration;(eight) legal matters in responding;(nine) legal consultation;(ten) supervision and inspection of legal matters;(eleven) external counsel.Article third the legal affairs of the State Development Bank shall abide by the following principles:(1) adhere to the princ

6、iple of administration according to law, strictly abide by state laws and regulations, and safeguard the interests of the State Development bank;(two) adhere to the principle of a legal person at the first level, and each branch (including the head office, sales department) shall be authorized to ha

7、ndle legal affairs, and the Legal Affairs Department of the head office shall have the final decision on the legal affairs of the whole bank;(three) adhere to the principle of unified administration and classification and responsibility, and the general and branch offices shall undertake legal affai

8、rs in accordance with the law and bear legal responsibilities.The second chapter, legal affairs managementFourth head office of Legal Affairs Department of legal affairs for the centralized management of each branch according to the legal affairs department and head office of legal affairs authorize

9、d shall perform the duties, to complete the layout of the office work, management of the banks legal affairs.Article fifth under the unified leadership of the head office, the legal work between the branches should strengthen exchanges and cooperation. The State Development Bank has made economic di

10、sputes in different places, and the legal affairs departments of the local development bank should be supported and coordinated to safeguard the overall interests of the State Development Bank and ensure the healthy development of the legal affairs of the whole bank.The sixth branch of the legal aff

11、airs department to meet important legal affairs by the head office of research, processing or assist, should consult or report in written form, in case of emergency can be verbal instructions or report to report after the written documents.The Legal Affairs Department of the seventh head office shal

12、l receive written written instructions and reports from the branch legal affairs department, and shall make a written reply in due course.The eighth Legal Affairs Department of the head office is responsible for handling the following cases:(1) the case of litigation is in the case of thirty million

13、 yuan or more;(two) the first instance cases accepted by the higher courts of the provinces, autonomous regions and municipalities directly under the central government;(three) cases involving courts at all levels in Beijing;(four) the case involving the trial and retrial of the court involved in th

14、e Supreme Court;(five) cases involving the headquarters of other financial institutions in China;(six) cases involving foreign litigation and arbitration.Ninth legal affairs departments of the head office guide, supervise and manage all kinds of cases directly handled by branches.Tenth legal affairs

15、 departments of the head office coordinate and deal with legal disputes between branches.The Legal Affairs Department of the eleventh branch is responsible for directly handling all kinds of cases other than the case, and shall promptly report the case handling plan, the progress of the case and the

16、 implementation of the ruling to the Legal Affairs Department of the head office.The twelfth branch of the legal affairs department shall be submitted to the head office of Legal Affairs Department of case statistics and analysis report quarterly, and submit to the head office of legal affairs, lega

17、l affairs department in December 1st of each year before the annual work report.The thirteenth branch of legal affairs departments should report to the general office of legal affairs in time to the important matters and problems found in their daily work.Fourteenth general and branch legal affairs

18、departments shall establish a ledger system of litigation cases.Fifteenth general and branch legal affairs departments should establish a case file management system:(1) before the case enters the proceedings, all non litigious legal documents shall be kept by the relevant business departments;(two)

19、 in the course of the proceedings, the legal documents and related information shall be kept by the legal affairs department;(three) after the case has been completed, the procedural legal documents and related materials shall be submitted to the archives department by the legal affairs department f

20、or archival filing.The sixteenth branches and branches should establish a principal-agent system:(1) on behalf of the National Development Bank, the person who has handled all the legal affairs has to obtain the letter of authorization from the legal representative of the State Development Bank and

21、work within the scope of his authorization;(two) the legal representative of the National Development Bank letter of attorney completed by the head office of Legal Affairs Bureau, the office of the National Development Bank stamped with the seal and the legal representative of zhang;(three) branch a

22、uthorization to be completed by the legal affairs department branch, branch office with the National Development Bank branch and branch name chapter.The third chapter, legal affairs, business division and cooperationSeventeenth financing, issue bonds(1) the Legal Affairs Department of the head offic

23、e shall, in accordance with the proposal of the business department, participate in the negotiation, drafting and examination of the text of the fund raising and issuance agreement;(two) the business department shall sign the Legal Affairs Department of the head office before signing the relevant le

24、gal documents for raising funds and issuing bonds.Eighteenth item financing(1) the Legal Affairs Department of the head office shall participate in the negotiation, drafting and examination of the text of the project financing agreement in accordance with the proposal of the business department;(two

25、) the text of the project financing agreement drawn up by the business department shall be countersigned by the Legal Affairs Department of the head office.Nineteenth asset restructuring(1) the Legal Affairs Department of the head office shall, in accordance with the proposal of the business departm

26、ent, participate in the design of the assets reorganization plan, the negotiation, drafting and examination of the agreement text, etc.;(two) the asset restructuring plan proposed by the business department shall be countersigned by the Legal Affairs Department of the head office.Disposal of twentie

27、th pledged goods and pledged goods(a) for credit and guarantee the project, if the borrower fails to contract debt servicing, project branch business department should the borrower default within three months after the banks legal affairs department, proposed exercise offset and pledge proposal and

28、report to branch;(two) after the approval of the branch governor, it shall be organized and implemented by the legal affairs department.Twenty-first, litigation (including application for payment order), arbitration(a) if the borrower has the following Breach of contract, project branch business dep

29、artment should timely consultation with the borrower, the borrower defaults as in within 12 months after the still unresolved, branch business department shall within 30 days thereafter, taking the legal affairs department, proposes the proceedings (including for an order of payment) or arbitration.

30、 The legal measures proposal and report to head office of legal affairs department:1. the borrower fails to pay the principal and interest on the contract (including the borrower not paying interest as stipulated in the contract and the borrowers repayment of the principal under the installment plan

31、);2. borrowers misappropriate or misappropriate loans;3., the borrower or the guarantor without the consent of the State Development Bank, changes in operating methods or changes in property rights;4., the borrower unauthorized disposal of loans formed assets;5., the collateral, unauthorized disposa

32、l of collateral.(two) the cases handled by the branch shall be organized and implemented by the branch of legal affairs of the branch after the examination and approval by the Legal Affairs Department of the head office;(three) the cases directly handled by the head office shall be submitted by the Legal Affairs Department of the head office for approval and submitted to the head office of the head office for approval, and shall be organized and implemented by the Legal Affairs Department of the head office.Twenty-second suits(1) the respo