Agreement of Agent Engagement of Accounting 甲方： Party A: 乙方： Party B: 委托事由 Recitals 1. 甲方希望委托乙方代理甲方的会计和税务工作； 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Agreement of Agent Engagement of Accounting
甲方： Party A:
乙方： Party B:
Party A wishes to entrust Party B as its accounting and tax agent.
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 Authority and Jurisdiction
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”).
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.
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 Responsibilities and Commitments
2.1甲方责任范围 Responsibilities of Party A
To constitute integrated internal control system to ensure the integrality of account of company assets.
To provide legal, true, exact and whole original vouchers to Party B which have been sorted and numbered.
To manage the daily income and expenses and make monetary income and expenditure account by appointed cashier.
4) 负责原始凭证审核；To responsible for audit of its original vouchers.
5) 每月 3 日前(逢节假日提前)向乙方提供公司记账所需资料；
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.)
To fully cooperate with Party B’s appointed accountant; all the relevant documents should be checked and accepted by Party B.
To pay agent fee to Party B according to the time frame stated in this Agreement.
To pay tax according to the time frame stated by tax authority.
To preserve all the original vouchers, finance statements and taxation sheets.
2.2乙方责任范围Responsibilities of Party B
To collect and take back the required original vouchers for bookkeeping by Party B’s appointed accountant .
To check Party B’s original vouchers and provide legitimate and suitable suggestion.
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 have been promulgated by the Ministry of Finance of China and relevant laws and policies. To make accounting vouchers, accounting books and accounting statements to ensure the consistency of the accounting treatment and the original vouchers.
To prepare all the required tax sheets within stated term and report to tax authority according to tax authority’s requirement in time.
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 etc. which have been assigned by financial and tax authorities within the stated term.
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.
To assist Party A in finishing the tax inspection with the tax authority.
To assist Party A in finishing foreign investment company’s annual union inspection and renewal.
2.3 乙方免费服务事项 Party B’s Free Services
To provide consulting and guidance of accounting, taxation, human resources and social security in daily work.
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 Professional Fees
1) 在甲方获得增值税一般纳税人之前，甲方应每月支付代理费人民币 元（大写人民币 整），代理费按 收取，每个 月末支付下月的代理费；
Before Party A obtains normal tax payer (VAT) qualification, Party A agrees to pay Party B RMB /month for accounting and taxation agency services, it shall be paid at the end of every month.
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 元（大写人民币 整），代理费按 收取，每个月末支付下月的代理费；
After Party A obtains the approval of VAT qualification, Party A agrees to pay Party B RMB /month for its accounting and taxation agency services, it shall be paid at the end of every month.
4． 委托期限及终止 Period of Engagement and Termination
1) 本协议有效期自 年 月 日至 年 月 日止, 合计 个月；
This Agreement shall come into effect from to , total is months. The relationship between Party A and Party B shall continue within the term of the Agreement.
2) 如果甲方委托乙方代理申请一般纳税人资格，甲方承诺自获得一般纳税人资格批准之月起， 继续维持与乙方的会计委托代理至少一年。如因甲方原因终止合同，乙方有权要求甲方需继续支付代理费直至合同到期。
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). Party B requests Party A to pay the full engagement service fee to Party B even if Party A terminates this agreement.
After signed the Agreement, either party may terminate this Agreement by providing written notice ahead of 30 days.
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.
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;
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.
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.
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 Breach liability
Any liabilities arising as result of breach of responsibility described in Article 2, should be owned by the party responsible for the breach.
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.
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 Dispute Resolution
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 Authenticity of Agreement
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: Party B:
Authorized Signature : Authorized Signature :