委托代理记账协议书(中英文)

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委托代理记账杂谈 |
分类: 劳务聘用委托代理授权 |

Agreement of Agent Engagement of Accounting
甲方: Party A:
乙方:
委托事由
1.
Party A wishes to entrust Party B as its accounting and tax agent.
2.乙方接受甲方的委托,根据《企业会计准则》、《中华人民共和国外商投资企业会计制度》、《中华人民共和国会计法》及财政、税务等有关法律、法规的规定,为甲方公司提供代理记账、财税咨询和税务申报代理服务。
Party B agrees to act as Party A’s accounting and tax agent to provide bookkeeping, finance consulting and tax agency services to Party A in according with the terms and conditions set out in this Agent Engagement (hereinafter referred to as “Agreement”) under Accounting Law of P.R. China and relevant rules and regulations.
1.
权限申明
1.1
Party A entrusts and authorizes Party B to act as its agent to accomplish the items set out in Article 2 below (hereinafter referred to as “entrusted items”).
1.2
The entrustment and authorization as stated in Article 1.1 above should not at any time be regarded as the partnership relationship between the parties of this Agreement.
1.3
Any articles, effect and interpretation of this Agreement and the settlement of disputes arising from this Agreement or its performance shall be governed by the law of the People’s Republic of China.
2.责任范围和委托项目
2.1甲方责任范围
1)
To constitute integrated internal control system to ensure the integrality of account of company assets.
2)
To provide legal, true, exact and whole original vouchers to Party B which have been sorted and numbered.
3)
To manage the daily income and expenses and make monetary income and expenditure account by appointed cashier.
4)
5)
To provide all the required documents to Party B for bookkeeping by the third date of the month. (The deadline will be advanced accordingly if the date is a national holiday.)
6)
To fully cooperate with Party B’s appointed accountant; all the relevant documents should be checked and accepted by Party B.
7)
To pay agent fee to Party B according to the time frame stated in this Agreement.
8)
To pay tax according to the time frame stated by tax authority.
9)
To preserve all the original vouchers, finance statements and taxation sheets.
2.2乙方责任范围Responsibilities of Party B
1)
To collect and take back the required original vouchers for bookkeeping by Party B’s appointed accountant .
2)
To check
Party B’s original vouchers and provide legitimate and suitable
suggestion.
3)
To provide
bookkeeping agency services according to Accounting Standards for
Business Enterprises and The Foreign Investment Accounting
Standards for Business Enterprises of P. R. China
4)
To prepare all the required tax sheets within stated term and report to tax authority according to tax authority’s requirement in time.
5)
To prepare
and hand in the Annual Financial Statement for Foreign Investment
Enterprise of P. R. China, Annual Income Tax Liquidation Account
for Foreign Enterprise of P. R. China
6)
At the end of the year, Party B will give back all the bound accounting books, accounting statements and tax sheets to Party A for filing.
7)
To assist Party A in finishing the tax inspection with the tax authority.
8)
To assist Party A in finishing foreign investment company’s annual union inspection and renewal.
2.3
1)
To provide consulting and guidance of accounting, taxation, human resources and social security in daily work.
2)
To update Party A with the newest laws and policies in terms of taxation promulgated by tax authority in time, and providing relevant consultant and guidance.
3.费用及付费方式
1)
Before
Party A obtains normal tax payer (VAT) qualification, Party A
agrees to pay Party B RMB
2)
在甲方取得一般纳税人资格批准后,甲方应每月支付代理费人民币
After
Party A obtains the approval of VAT qualification, Party A agrees
to pay Party B RMB
4.
委托期限及终止
1)
This
Agreement shall come into effect from
2)
If Party A
entrusts Party B to apply for the VAT qualification, Party A must
guarantee engagement with Party B more than 1 year (beginning when
Party A obtains the approval of VAT qualification).
3)
After signed the Agreement, either party may terminate this Agreement by providing written notice ahead of 30 days.
4)
Should Party A terminate this Agreement after making payment to Party B for completion or part completion of any of the entrusted items, Party B is under no obligation to return any of these payments to Party A.
5)
Party B has the right to request Party A to pay Party B for all governmental charges and its professional fees for those entrusted items fully or partly completed by Party B if Party A terminates this Agreement;
6)
In the event that Party B fails to complete any of the entrusted items due to its own fault or negligence, Party A shall not be required to make any further payment to Party B as stipulated in Article 3 and previous payment made by Party A shall be returned to Party A accordingly.
7)
成,乙方不承担责任;
Party B shall not be held liable if during the process of agency services, amendments to the law or new regulations are promulgated by the Chinese authorities, causing delay or non-completion of the items of entrustments laid out in Article 2.2.
8)
While the expire date of this Agreement is approaching, if Party A needs to renew the engagement, both parties can negotiate and adjust entrusted items and agent fee based on Party A’s business status, and then sign a new Agreement in 30 days advance.
5.违约责任
1)
Any
liabilities arising as result of breach of responsibility described
in Article 2, should be owned by the party responsible for the
breach.
2)
Party B shall not be responsible for any consequential liabilities for its free services stated in Article 2.3 in case Party A acted contrary to the advice given by Party B.
6.保密条款
Party B should keep confidential all of Party A’s business status, company information and business secret which have been known during the process of agent services. Party B can not leak Party A’s business secret to the third party without Party A’s written approval, unless otherwise stated by Chinese laws. This article is always effective if this Agreement is terminated because of some reasons.
7.争议
因本协议引发的任何争议,可以提交上海市仲裁委员会,按该会的仲裁程序进行仲裁。
Any unresolved disputes arising from or incidental to this Agreement shall be submitted to the Shanghai Municipal Arbitration Commission for arbitration in accordance with its rules of procedure.
8.协议真实性
本协议一式两份,甲、乙双方各执一份,具有同等法律效力。
This Agreement contains two original copies; these copies are held by both parties. Both the signed copies of this Agreement are legally bounding and equally authentic.
Party
A:
Add:
Tel:
Authorized
Signature :
Date: