[笔记]英文验资业务约定书

[笔记]英文验资业务约定书 Engagement letter No. The purpose of this letter is to set out that XXXX Certified Public Accountants (hereinafter referred to as “the Auditors”) are to provide capital verification services to (“the Company”). I. Purpose 1. Registration of establishment ( ) The Company entrusted the auditors to verify the capital contributed by its owners as at [date] or capital contribution made by its owners in the [number] installment and to issue capital verification report thereon for the purposes of registration of establishment and issuance of capital contribution certificates to investors. 2. Registration of alternation ( ) In order to carry out a change of registered capital, the Company entrusted the auditors to verify the changes in registered capital for the period from [date] to [date] and to issue capital verification report thereon. II. Scope of work 1. Registration of establishment ( ) The auditors shall verify such items as names of owners, amount contributed, method(s) of contribution, respective proportions and currencies concerned as at [date]. 2. Registration of alternation ( ) The auditors shall verify any changes in the registered capital for the period from [date] to [date], which includes such items as owners related to capital increase, method(s) of contribution, respective proportions, time limit for contribution, currencies concerned and related accounting treatment etc. In case that the Company reduces its registered capital, the auditors shall verify such items as owners related to capital deduction, amount deducted, way of deduction, time limit for deduction, currencies concerned, settlement of liabilities and guarantees, the related accounting treatment, together with the owners, their contribution and proportions after the capital deduction. III. Responsibilities of both parties 1. The Company 1.1 The Company shall be responsible for providing the authentic, legitimate, complete information for verification and ensuring the safety and integrity of the assets. The Company shall also, according to the facts, furnish the auditors with any events that may have impacts on the result of verification. 1.2 Provide necessary facilities and cooperate with the auditors. 1.3 Pay the auditors’ fee in entirety as scheduled. 2. The Auditors 2.1 In accordance with the requirements of the Statement of Independent Auditing Practice, No.1--- Capital Verification, the auditors shall perform capital contribution verification and issue auditors’ report thereon. 2.2 The Auditors shall be responsible for keeping secret of the client’s business and financial data learnt in the course of capital verification work. IV. Time schedule 1. The Company shall make all the aforesaid information available to the Auditors within [number] days commencing the date of this Engagement Letter. In case that any supplementary information is needed, the Company shall provide it on a timely basis. 2. Auditors shall issue the report within days after all the aforesaid information have been provided. V. Fees and payment terms The fees shall be charged at RMB (excluding out of pocket disbursements, such as travelling expenses, accommodations and confirmation expenses etc.) in accordance with Interim Stipulations on Standard of Fees Charged by CPA Firms Located in Shanghai. Upon the sign of this engagement letter, % [RMB ] of the fees should be paid, the rest % [RMB ] should be due at the issue of the verification report. VI. Purposes of the capital verification report and obligation for misuse This Capital Verification Report (issued in copies) is for the use of application for the registration of establishment of the Company or alternation of information of the Company and based on which the capital contribution certificates were issued to all the shareholders. It shall give reasonable assurance that the paid-in capital of the Company meets the requirements of the relevant laws, rules, regulations, contracts and articles of association. It shall not be regarded as guarantee of capital maintenance, solvency and going concern capacity etc. of the Company after the verification report date. The signing CPA and the Auditors shall not take any responsibility for any consequence resulting from the misuse of this report. VII. This letter shall be prepared in duplicate and each one is equally authentic. Once it has been agreed, this letter will remain effective, until all the obligations have been fulfilled. VIII.Alternation of terms set down in this letter In case that one of the parties shall change such items as scope of work, time schedule or fees etc. due to unforeseeable events, the other party must be informed in time and negotiation must be carried out to make the changes effective. IX. Breach The terms in this letter shall be abided by strictly by both parties. If one party breaches the contract, the other party can rescind the contract and have the right to claim compensations and the breaching party shall take the legal liability. The Company: (Signature) The Auditors: XXXX Certified Public Accountants (Signature) Legal (Sign) Legal (Sign) representative: representative or designee: Address: Address: Tel: Tel: Fax: Fax: Contact: Bank a/c: Date: Date: