Examine the other party's true identity, honesty and ability to perform - World Credit Organization

Welcome,ice8000.org! To prevent counterfeiting, please look for the domain name: www.ice8000.org. Our mission: to promote social integrity, reduce transaction costs, enhance human well-being, and promote human integrity and progress. This online media is an online media sponsored by four units including the World Credit Organization [WCO], the International Moral Court [IMC], the World Integrity Organization [WIO], and the International Credit Dispute Arbitration Commission [ICDAC]. The name of this media is the International Credit Supervision Network, which can also be called the International Credit Standard Network, the International Credit Supervision Network, and the International Credit Standard Network. The ICE8000 standard is a standard to test whether a unit or an individual is truly honest.。

7.1 Review the other party's true identity, honesty and willingness to perform the contract

Before signing a contract, the other party's true identity, honesty and willingness to perform the contract should be carefully reviewed.

1. Is the registration certificate of the party concerned legal and authentic?

Audit method:

(1) After requiring the party to provide the ICE8000 credit identity certificate, go to the ICE8000 credit search to verify the authenticity and credit record.

The interpretation of the credit card is as follows:

1. The credibility of the original certificate is divided into: possible, relatively credible, and credible. The meaning is as follows:

(1) The standard for the credibility of the original certificate is [possible]: the ICE8000 credit agency has performed the investigation procedure on the original certificate, but due to objective reasons, after the investigation procedure is over, it cannot be verified or falsified. The meaning of credibility as [maybe] is: it may be true or it may be false.

(2) The meaning of the credibility of the original certificate being [more credible] is: the international credit practitioners appointed by the ICE8000 credit agency have verified the authenticity of the original certificate, but because there is no face-to-face signing and face-to-face verification, there is The possibility that an applicant may apply for a credit ID card with someone else's real certificate.

(3) The meaning of the credibility of the original certificate being [credible] is:

A. The signature and seal of the applicant's application materials are all signed in person in the presence of international credit practitioners.

B. The applicant directly submits the original certificate to the ICE8000 credit institution in person, and the international credit practitioners assigned by the ICE8000 credit institution check the original certificate and the applicant face to face.

C. International credit practitioners have verified the authenticity of the original documents.

2. Interpretation of Integrity Level

(1) If the integrity level has a + sign, it means that it has received formal praise records in the past 12 months.

(2) If the integrity level is marked with -. Indicates that there has been a formal complaint record within the past 12 months.

(3) If it is Class A, it means that it has no reservations about punitive damages and moral loss, the cost of breaking trust is high, and the willingness to be honest is high. If he cheats you of 100 yuan, he should bear 200 yuan or more in multiples of compensation. If it is Class B, he will only compensate for direct losses for his dishonesty.

3. Interpretation of Integrity Points

The higher the integrity score, the more praises you receive. If there are penalty points deducted, it means that it has been complained about.

(2) If the party concerned does not have an ICE8000 credit ID card, check his ICE8000 credit file.

If the party does not have an ICE8000 credit ID card, since the ICE8000 credit file can help you understand and monitor the customer's credit performance, you can ask for the ICE8000 credit code (Note: Since 2004, the World Credit Organization [WCO] has 70 % of Chinese enterprises have established ICE8000 credit investigation credit files and assigned ICE8000 credit codes. People can ask credit sales applicants for their ICE8000 credit codes to accurately inquire about their credit files and credit records), and then check their credit files to see Whether there is a warning credit record. If the customer does not have a credit file, a credit file can be established for free to collect their credit history and monitor their credit performance. After establishing a credit file for the other party, you can notify the other party and inform them of their credit code. For customers with impure motives, the ICE8000 credit file will bring certain pressure to them in the future.

(3) If the party concerned does not have an ICE8000 credit ID card, check his industrial and commercial registration files.

If the party does not have an ICE8000 credit ID card, he can log on to the website of the industrial and commercial bureau where the unit belongs to for inquiries. public. For individuals, you can also log on to the Citizen Identity Information Verification Network of the Ministry of Public Security to verify your ID card information. It is worth noting that some professional scammers use fake ID cards or borrow ID cards to register companies. Although the business license is real, the legal representative is fake. Therefore, it is necessary to verify the identity of the legal representative.

(4) If the party concerned does not have a credit ID card, the relevant information cannot be verified on the website of the Industry and Commerce Bureau. You can directly or entrust a credit company or law firm to verify the registration information with the industrial and commercial department.

2. Is the identity of the legal representative, signatory, and handler of the parties true?

Verifying the identity of the signatory or handler will of course increase the safety factor of the contract. Because after the untrustworthy behavior occurs, although the signatory and the handler may not actually bear the legal responsibility, they will certainly bear part of the credit responsibility. In addition, it is worth noting that some professional scammers use fake ID cards or borrow ID cards to register companies. Although the business license is genuine, the identity of the legal representative is false. Therefore, it is necessary to verify the identity of the legal representative. At the same time, it is noticed that some employees of fraudulent companies, who know the truth of the scam, deliberately use fake names or fake IDs in order to prevent their own risks. It has also been noticed that the contract handlers of some fraudulent companies are the actual controllers of the fraudulent companies or relatives and friends of the actual controllers.

If the identity of the legal representative, signatory, and handler is false, the reasons and motives must be analyzed to be alert to the risk of fraud.

Audit method:

1. Require relevant personnel to issue ICE8000 personal credit identity certificate and verification password, and then verify the authenticity of the certificate through ICE8000 credit search;

2. If the relevant person does not have an ICE8000 personal credit identity certificate, he can be asked to show a copy of his ID card, and then verify it through the website of the Citizen Identity Information Verification Center of the Ministry of Public Security. The website is: https://www.nciic.com.cn/. If the contract is very important, you can also ask the other party to obtain the ICE8000 personal credit identity certificate before signing the contract.

3. Whether the parties are qualified to sign the contract

The review methods are:

(1) If the party concerned is a natural person, check whether he has full capacity for civil conduct.

Natural persons have full capacity for civil conduct when they reach the age of 18. A natural person or mental patient under the age of 10 has no capacity for civil conduct and is not eligible to sign a contract. 10 to 18 years old or interval mental patients are persons with limited capacity for civil conduct.

A contract concluded by a person with limited capacity for civil conduct is invalid without ratification by a legal representative, but a contract purely for profit or a contract concluded in accordance with his age, intelligence, or mental health does not need to be ratified by a legal representative.

The counterparty can urge the legal representative to ratify within one month. If the legal representative fails to make a statement, it shall be deemed as a refusal to ratify. Before the contract is ratified, the bona fide counterparty has the right to rescind it. The withdrawal shall be made by means of notice.

(2) Review the official seal of the contract and the identity of the signatory

Although most of the time, a contract with only the official seal of the unit but without the signature of the legal representative (or the legal representative's authorized person) is considered valid, but there are many cases where similar contracts are judged invalid, such as : Some units claim that the official seal is lost and refuse to recognize the validity of the contract; some scammers have multiple official seals, and the official seal they use is inconsistent with the official seal filed with the industry and commerce department. Once a problem arises, he refuses to recognize the validity of the contract. The following case can better illustrate this problem. A fraudulent unit engraved multiple official seals at the same time, and one of them filed a record with the industrial and commercial department. The victim brought a lawsuit to the court, but the unit refused to admit that it had signed the contract. After checking the official seal filed with the industrial and commercial department, the court found that the official seal was inconsistent and could not prove that the contract was signed by the unit, and rejected the victim's claim.

Therefore, it is necessary to verify the identity of the legal representative, the identity of the signatory, and the identity of the handler, and it is necessary to require the contract to have both the official seal and the signature of the legal representative or the handler authorized by the legal representative.

The following first introduces the combination of the official seal and the signatory:

1. The top-level official seal of the unit (the top-level official seal refers to the highest-level official seal of the unit, and some are also called administrative official seals, not special seals for contracts or official seals of branches) + signature of the legal representative

This form of contract is the most effective, and the other party cannot find any reason to deny the validity of the contract from here.

2. The top official seal of the unit + the signature of the person in charge + the power of attorney signed by the legal representative (or relevant documents equivalent to the power of attorney, the power of authorization of the power of attorney includes the authorization of the person in charge to sign the contract, the same below)

This form of contract has the same effect as the first one.

3. The special seal of the unit contract + the signature of the person in charge + the power of attorney with the top official seal of the unit and the signature of the legal representative

This form of contract has the same effect as the first one.

4. Official seal of the unit's branch or internal organization + signature of the person in charge + power of attorney stamped with the top official seal of the unit and signed by the legal representative

This form of contract has the same effect as the first one.

5. Special seal for unit contract + signature of legal representative

The other party can refuse to recognize the validity of the contract on the grounds that the special seal of the unit contract is lost or forged, and someone pretends to be the legal representative. Sometimes a judge may also rule that a contract is void.

6. Special seal for the unit contract + signature of the person in charge + power of attorney signed by the legal representative

This form of contract has the same effect as Type 5.

7. The top official seal of the unit + the signature of the person in charge

Although the effectiveness of this form of contract is very high, this kind of contract is also very common. However, the other party may refuse to recognize the validity of the contract on the grounds that there is no signature of the legal representative. Because it is generally stipulated in the contract that this contract will come into effect after being signed by both parties. Therefore, the other party said that the person in charge does not have a power of attorney and cannot sign on behalf of the unit, so the contract has not yet taken effect.

8. Special seal for unit contract + signature of the person in charge

This form of contract is very weak. The other party will find reasons not to recognize the validity of the contract: for example, the special seal for the contract is forged; there is no power of attorney, etc.

9. Official seal of unit branch or internal organization + signature of the person in charge

This form of contract is void unless otherwise proven, the unit agrees to the contract.

To sum up, when signing the contract, you should try to pursue the combination of 1, 2, 3, and 4, and avoid the combination of 9.

(3) Check whether the party has the right of agency.

If the contract is signed by its agent (some agents are units, some are individuals), the other party should be required to show a power of attorney or related documents, and check whether the agent has agency authority or exceeds agency authority or agency Permission terminated. A contract concluded in the name of the principal after exceeding the power of agency or after the power of agency has terminated shall not be effective against the principal without ratification by the principal, and the actor shall bear the responsibility.

The counterparty can urge the principal to ratify within one month. If the principal fails to make a statement, it shall be deemed as a refusal to ratify. Before the contract is ratified, the bona fide counterparty has the right to rescind it. The withdrawal shall be made by means of notice.

If the actor has no power of agency, exceeds the power of agency, or concludes a contract in the name of the principal after the power of agency has terminated, and the counterparty has reason to believe that the actor has the power of agency, the act of agency is valid, otherwise, it is invalid.

The above content is based on Article 48 of the "Contract Law of the People's Republic of China" and Article 171 of the "General Principles of the Civil Law of the People's Republic of China".

(4) Check whether the legal representative has exceeded the authority.

Contracts concluded by the legal representative or person in charge of a legal person or other organization beyond the scope of authority, if the counterparty knows or should have known that he exceeded the scope of authority, the contract is invalid; The contract is valid.

(5) Check whether the parties have the right to dispose of the contract property.

If a person without the right to dispose disposes of other people's property without ratification by the obligee or the person without the right to dispose has not obtained the right to dispose of it after signing the contract, the contract is invalid.

It should be understood and judged whether the parties have the right to dispose of the subject matter of the contract. If they do not have the right to dispose, the obligee should be required to ratify in time, otherwise, the contract will be invalid.

The above content is in accordance with Article 51 of the Contract Law of the People's Republic of China.

Fourth, whether the parties have good faith intentions or whether they are obviously suspected of fraud.

Audit method:

1. Check whether the party concerned is a member of the World Credit Organization [WCO]. If he has become a member of the World Credit Organization [WCO], check his ICE8000 credit file.If the letter is recorded, it shows that it has a good faith intention.

2. Through ICE8000 credit search, Baidu, GOOGL, etc., search for the credit records of the parties on the Internet, and analyze these credit records to see whether the person is bad or notorious, and whether his dishonesty is malicious or general. conduct, to see whether their untrustworthy behavior has been actively remedied.

3. Use ICE8000 credit search to see if you can find its credit file, and then analyze the content of the credit file. The earlier the credit file is established, the longer the unit has been included in the supervision of the ICE8000 credit system. By analyzing the contents of credit files, we can gain insight into their honesty intentions to a certain extent.

4. Entrust a professional credit company to conduct investigations.

V. Whether the parties have the ability to perform the contract

Reviewing contract performance capabilities is to find out the other party's existing, actual, and true business conditions. The parties can be required to provide financial statements and other materials for the past three years, and then through professional credit analysis, the party's ability to perform the contract can be judged.

The review methods are:

2. Require the credit investigation and credit analysis staff of the credit management department or entrust a professional credit agency to conduct credit investigation and credit analysis on the contract subject, and review whether the actual performance ability of the contract subject conforms to the contract according to the opinions in the credit investigation report .

3. You can ask the other party to provide financial statements and previous successful cases, and then analyze its actual ability to perform the contract after investigating the authenticity of the information provided.

4. You can ask the other party to provide a credit rating report or a credit investigation report, and judge its ability to perform the contract based on the content of the report.

5. If it is an investment contract, the financing party can be required to become a member of the World Credit Organization [WCO] and implement ICE8000 integrity management, so that the financing party can establish a sound management system and an advanced integrity culture.

6. Items 2\3\4 above can also be replaced by this measure: require them to provide a credit rating report issued by ICE8000.

The above content is excerpted from "Building an Integrity Unit - ICE8000 Integrity Management" (written by Fang Bangjian, free to use, but please indicate the source)