合同翻译常用句型-财务会计和利润分配.doc

1 , A joint venture shall formulate rules and regulations for itsfinancial affairs and accounting in accordance with therelevant Chinese laws and regulations on financial affairsand accounting and in light of its condition, and file suchrules and regulations with the local financial department andtax authority for the record.A joint venture shall have a chief accountant, who shall assistthe general manager in managing the financial affairs of theenterprise.When necessary, a deputy chief accountant may also beappointed.A joint venture shall (a small venture may have no need to)have an auditor, who shall be responsible for examining andauditing the financial receipts, payments and the accounts ofthe joint venture and submitting reports to the board ofdirectors and the general manager.111231The accounting year of a joint venture shall coincide with thecalendar year, i.e. from January 1 to December 31 on theGregorian calendar.A joint venture shall adopt the internationally acceptedaccrual system and debit and credit bookkeeping method tokeep accounts. 2 All vouchers, account books and statements prepared by thejoint venture must be written in Chinese, they maysimultaneously be written in foreign language agreed uponby the parties to the joint venture.In principle, a joint venture shall adopt Renmibi as thestandard currency for accounting.It may also adopt a foreign currency for the same purposeupon agreement by the parties to the joint venture.In addition to keeping account in the standard currency, ajoint venture shall record the actual receipts and payments ofcash, bank deposits, sums in other currencies, and claims,liabilities, incomes, expenses, etc. in currencies other thanthe standard currency for accounting.Where a foreign currency is adopted as the standardcurrency for accounting, the joint venture shall convert suchcurrency into Renminbi when it prepares and submits itsfinancial and accounting statements.Differences arising from conversion into the standardcurrency for accounting due to different exchange shall beentered as losses or gains on exchange.Balance on foreign currency accounts due to changes in theexchange rate in account keeping shall be handled as the 3 year-end settlement of account in accordance with therelevant Chinese laws and rules for financial affairs andaccounting.Principles for a joint venture to distribute its profit afterpayment of income tax in accordance with the Income TaxLaw of the Peoples Republic of China Governing ForeignInvestment Enterprises and Foreign Enterprises are asfollows:Principles for a joint venture to distribute its profit after thepayments of income taxes in accordance with the Law of thePeoples Republic of China on Income Tax of Enterpriseswith Foreign Investment and Foreign Enterprises shall be:1(1) A reserve fund, a bonus and welfare fund for staff andworkers and an enterprise expansion fund shall be drawn,and the proportion of such drawing shall be determined bythe board of directors;2(2) In addition to its use in making up the losses of the jointventure, the reserve fund may be used to increase the capitalof the joint venture and expand its production upon approvalby the examination and approval authority; and31(3) Any distributable profit remaining after the drawing of thethree funds in accordance with the proportion of Paragraph 4 (1) of this Article shall be distributed to the parties to the jointventure in proportion to their capital contribution when theboard of directors decides to distribute such profit.No profit may be distributed unless the losses of the previousyear have been made up.Such profit shall not be distributed if the losses of theprevious year of the joint venture have not been made up.Undistributed profit from the previous year may be distributedtogether with the profit of the current year.A joint venture shall submit the quarterly and annualaccounting statements to the parties to the joint venture,local tax authority and the financial department.The following documents, certificates and statements shallbe valid only after they have been verified by a certifiedpublic accountant registered in China and verificationcertificates have been issued by the accountant:1(1) certificates for the capital contributions made by theparties to the joint venture (in case materials, site use rights,industrial property or proprietary technology is used ascapital contribution, a detailed list of the assessed value ofsuch property and the written agreement thereon signed bythe parties to the joint venture shall be included); 5 2 (2) annual accounting statements of the joint venture; and3 (3) accounting statements on liquidation of the joint venture.1112311231The fiscal year of the JV Company shall coincide with thecalendar year, i.e. from January I to December 31. However,the first fiscal year of the JV Company shall commence onthe date of its establishment and end on the date ofdissolution of the JV Company.The JV Company shall comply with the Foreign InvestmentEnterprise Accounting System, keep true and accuraterecords and account books containing all data necessary forthe determination of the JV Companys financial conditions,and prepare all vouchers, receipts, accounts and otheraccounting records of the JV Company in Chinese.The JV Company shall provide Party A and Party B with theJV Companys quarterly financial statements within a monthafter each calendar quarter ends.Within the first three (3) months of every fiscal year, thegeneral manager of the JV Company shall supervise thepreparation of the previous years balance sheet, profit andloss statement and cash flow statement of the JV Company.The JV Company shall engage an independent auditor 6 registered in PRC (the Independent Auditor), to audit thefinancial statements of the JV Company.The preparation of the financial statements for a fiscal yearand auditing of same by the Independent Auditor must becompleted by the end of April of the following year.After the financial statements have been examined andsigned by the Independent Auditor, they shall be submittedto the board of directors for approval.Each of the parties hereto shall have the right to engage anauditor at its own expense to examine the annual financialstatements of the JV Company, and the other parties shallgive their consent to and the JV Company shall provideconvenience for such examination.The JV Company shall adopt Renminbi (RMB) as thestandard currency for accounting. Foreign exchange in therevenue and expenditure shall be converted to RMB.All the foreign currencies received and paid shall be kept inthe accounts in Renminbi as converted from such foreigncurrencies.The conversion of the foreign exchange to RMB shall bemade at the middle price of the exchange rate published bythe Peoples Bank of China on the day such transaction 7 actually takes place.The following particulars shall be entered in the JVCompanys financial account books:1(1) the amount of all cash receipts and payments of the JVCompany;2(2) all materials purchases and supplies of the JV Company;3 (3) the registered capital and debts of the JV Company;4(4) the time of payment, adjustment and assignment of theregistered capital of the JV Company; and5(5) other items as required by the relevant PRC laws andregulations.The JV Company shall make