Things to note when concluding a contract
1. No transaction without a contract
Changes in the economic situation have caused some companies to be unable to perform their contracts normally, and a small number of companies will take advantage of the lack of formalities in contracts between companies to evade liability for breach of contract. A well-written contract is important to secure transactions and maintain long-term relationships with customers. It is recommended that you sign multiple written contracts with your customers as much as possible, keep the contents of the multiple contracts completely consistent, and keep them properly.
2. Actions must leave traces
Properly keep the following materials that are probative of the specific content of the contract between the two parties: invoices, delivery vouchers, remittance vouchers, acceptance records, and documents related to the signing and performance of the contract. E-mails, faxes, letters and other information formed in. During the performance of the contract, if both parties change the cooperation agreement, including quantity, price, delivery, and payment terms, they must also leave written proof.
3. Use the official seal with caution
It is recommended that you improve the system for the storage and use of the official seal to prevent theft of the official seal and other behaviors that may seriously endanger the interests of the enterprise. When signing a multi-page contract, stamp it with a seam seal and sign and seal it immediately next to the last line of the contract to prevent a few customers who lack business ethics from changing the contract content by changing pages, adding, etc. and infringing on your rights and interests.
4. Use authorization documents with caution
Enterprise business personnel need authorization when signing contracts with external parties. It is recommended that you enumerate the scope of authorization as clearly and detailedly as possible in relevant documents such as letters of introduction, power of attorney, contracts, etc. to avoid unnecessary disputes. After the business is completed, it is recommended that you take back unused letters of introduction, power of attorney, contracts and other documents as soon as possible.
5. Resignation notice to relevant customers
After a business person leaves your company, it is recommended that you send a written notice to the customer that the business person is responsible for contacting to inform the customer of the resignation of the business person while going through the handover procedures with him or her.
6. Pay attention to the statute of limitations when canceling problematic contracts.
If you believe that the customer committed fraud or coercion when signing the contract with you, or you later discover that there was a major misunderstanding of the contract content when signing the contract, or you believe that the arrangement of rights and obligations in the contract is unfair. Yes, you can ask the court to revoke the contract. However, you must exercise your right to cancel within one year from the date you know or should know the reason for cancellation, otherwise you will lose the right to ask the court to cancel the contract. Of course, whether your request within the time limit for exercising the right of revocation can be supported by the court will also depend on whether the evidence you provide is sufficient.
7. Pay attention to the deposit terms
When signing a contract, you may require the other party to pay a deposit in order to ensure the performance of the contract. Since "deposit" has a specific legal meaning, please be sure to indicate the word "deposit". If you use words such as "deposit" and "security deposit" and there is no clear statement in the contract that it will not be returned if the other party breaches the contract and will be returned double if the other party breaches the contract, the court will not be able to treat it as a deposit.
8. Guarantee terms should be clear
If your business requires the other party to provide guarantee, when signing the guarantee contract with the relevant customer, be sure to state the clear meaning that the guarantor will provide guarantee for the performance of the debt, and avoid using the term "the other party is responsible for solving the problem" , "responsible for coordination" and other vague expressions, otherwise the court will not be able to determine that the guarantee contract is established.
9. Pay attention to the nature of the guarantee
You may also provide guarantees to others for business needs. Whether you are a creditor or a guarantor, it is recommended that you write down the start and end points of the guarantee period when signing the guarantee contract. If the guarantee period agreed between you and the other party is longer than two years, the law will treat the guarantee period as two years. If there is no explicit agreement, the law will regard the guarantee period as six months from the expiration of the main debt performance period. Although the choice of " joint and several guarantee " or "general guarantee" depends on the negotiations between you and the customer, the words "joint and several guarantee" or "general guarantee" must be written in the guarantee contract. If there is no explicit agreement, the court will consider it to be a joint and several liability guarantee.
10. Pay attention to the time limit of guarantee
If you are a creditor and the debt guaranteed by the guarantee contract in the form of "general guarantee" is not repaid after maturity, you must file a lawsuit or arbitration with the debtor and guarantor within the guarantee period. If the debt guaranteed by a guarantee contract in the form of "joint and several guarantees" is not repaid after maturity, you must clearly require the guarantor to perform the guarantee obligations immediately within the guarantee period in a provable and effective manner. If you fail to exercise your rights within the guarantee period, the guarantor will be exempted from its guarantee liability to you.
11. The mortgage is valid after registration.
If your business requires the other party to provide mortgage guarantee, it is recommended that you and your client immediately go to the relevant registration authority to complete the registration procedures when signing the mortgage contract. Having only a mortgage contract without going through the registration procedures may cause your rights and interests to lose the basis for realization. Unnecessary delays and delays may make your rights less favorable than those of other businesses that have registered before you. If your client delays or refuses to assist you in the mortgage registration procedures after signing the mortgage contract, it is recommended that you file a lawsuit with the court as soon as possible and request the court to help you compulsorily complete the registration procedures.
12. Pledge requires transfer of possession
If your business requires the other party to provide pledge guarantee, it is recommended that you immediately go through the handover procedures of the pledged collateral or rights certificate with your client when signing the contract. If you only sign a pledge contract without actually taking possession of the pledged property, the court will not be able to protect your request to realize your pledge rights.
Things to note during the performance of the contract
13. The change of company personnel will not affect the contract
A contract entered into between a company and a customer is protected by law if it does not violate the mandatory provisions of laws and administrative regulations, harm social and public interests, etc. A valid contract, both parties are obliged to strictly abide by the agreement and fully perform the contract. Regardless of whether the unit changes its name, the company's equity changes hands, or the legal representative, person in charge, or manager changes, it cannot be a reason for non-performance of the contract. This is also an important guarantee for maintaining the business reputation of you and the company.
14. Market changes require caution when terminating the contract.
Changes in the economic situation often lead to drastic fluctuations in market prices of goods. It is recommended that you do not easily choose to voluntarily breach the contract, terminate the contract, or file a lawsuit. Negotiating with your customers on an equal footing and finding a solution acceptable to both parties is more conducive to reducing losses. Even during litigation proceedings, accepting mediation under the auspices of the court will be more conducive to protecting corporate interests. It may not be in your best interest to wait for a ruling without actively pursuing a settlement.
15. The payment method must be reliable.
When you determine the payment method, no matter you are the payer or the payee, except for transactions with small amounts, please try to settle through banks. Cash settlement involves the signature of the person in charge, and the signature is effective. It may cause you unnecessary trouble.
16. Raise objections to acceptance in a timely manner
Purchasing goods is a daily business of an enterprise. Please pay attention to timely inspection and acceptance of goods. If you find that the goods do not comply with the contract, you must clearly raise objections to the other party in writing as soon as possible within the time limit stipulated in the contract. Unnecessary delay may cause you to lose your right to claim.
17. Trade secrets must be protected
During the negotiation and performance of the contract, you will often inevitably come into contact with the business information and even business secrets of the trading partners. Please be sure not to disclose or use this information during the negotiation, performance of the contract or even after the performance is completed. Otherwise, you may bear corresponding liabilities.
18. Reasonable exercise of the right of defense of uneasiness
During the performance of the contract, if you have definite evidence proving that the other party’s business conditions have seriously deteriorated, transferred property or evacuated funds to avoid debts, lost business reputation, or have lost or may lose the ability to perform debts in other circumstances Yes, you can promptly notify the other party to suspend the performance of your obligations that you should first perform in accordance with the contract, and wait for the other party to provide appropriate guarantees. After suspending performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, you may terminate the contract.You cannot directly terminate the contract or refuse to perform, otherwise you will be liable for breach of contract.
19. Raise objections promptly
Once your client notifies you to terminate the contract and you have objections to it, if the contract stipulates a time limit for objections, you must submit it in writing to the other party within the agreed time limit. If you raise an objection and file a lawsuit with the court after the expiration of the agreed period, the court will not be able to support it.
20. If the other party breaches the contract, the loss must be stopped in time.
If your client breaches the contract, no matter what the reason is, you should take timely measures to prevent the loss from expanding. The reasonable expenses incurred will be borne by the breaching party. If you treat it passively and allow the loss to expand, the court will not be able to protect the expanded loss and require the other party to compensate.
21. Actions must be taken within the statute of limitations.
The phenomenon of customers defaulting on payment for goods often occurs in the business process. Please pay attention to the legal provisions on the statute of limitations. The statute of limitations for requesting the court to protect civil rights is generally two years. You may also be unwilling to take drastic measures such as filing a lawsuit or arbitration within two years due to factors such as maintaining the relationship with the customer. In order to protect your rights from being lost due to the passage of time, you can send the other party before the expiration of the statute of limitations. Letters or data messages can be processed in effective ways that can prove your claim. Your letter must include a reminder to pay the outstanding payment as soon as possible.
Notes on corporate governance
22. Shareholders bear joint and several liability for false capital contributions.
The authenticity and adequacy of a company’s registered capital is not only conducive to protecting the interests of your customers, but is also closely related to the vital interests of the company and shareholders. If a company's registered capital is false or is evacuated during its operations, the company's shareholders will lose the protection of the limited liability system and may be involved in lawsuits filed by creditors.
23. Other shareholders were implicated in their false capital contributions
When you jointly invest and establish a company with others, please be sure to pay attention to whether your partners have fulfilled their investment obligations. This is not only related to the interests of the company you invested in, but also related to Your vital interests. If your partner fails to fulfill his investment obligations, if the company has external liabilities, you may be liable to the creditor for your partner's fault. Although you can pursue claims from your partner after assuming external liability, This will undoubtedly increase your risk.
24. A true signature is required to establish a company.
The registration procedures when establishing a company are complicated. Please be sure to sign the company's articles of association and other legal documents in person. Otherwise, if a dispute occurs, others signing on your behalf will cause great trouble for you, and may even damage the company's equity. Attribution creates unexpected factors.
25. Hidden shareholders have high risks
Hidden investments are not completely prohibited by law, but they involve greater legal risks. The law has very strict requirements on the shareholder qualifications of dormant investors, and the qualifications of dormant shareholders cannot be used against third parties. , the agent holder can dispose of the equity. It is recommended that you do not choose to establish a company anonymously with others.
26. Registration is required for equity acquisition
If you acquire company equity from others, be sure to go through the business registration change procedures as soon as possible after the acquisition contract takes effect, otherwise you will face the risk of not being able to actually obtain the equity. If you fail to register the change, you cannot fight against a third party, and the equity may be transferred to others again.
27. Sign the company's articles of association carefully
The company's articles of association are one of the most important legal documents of the company and are binding on the company, shareholders, directors, supervisors and senior managers. Once a dispute occurs, it will become the main basis for the court to judge the rights and obligations of the parties. in accordance with. It is recommended that you weigh carefully and sign carefully when participating in the formulation of articles of association. It is not recommended to use formatted text.
28. Duties of diligence must be observed
The company’s controlling shareholders, directors, supervisors, and senior managers have obligations of loyalty and diligence to the company. Please be sure to comply with the provisions of the Company Law and other laws and regulations. Violation of these regulations may result in liability for damages to the business.
29. Small and medium-sized shareholders must respect
Under the changing economic environment, it is even more necessary for all shareholders to work together and work together. Small and medium-sized shareholders and controlling shareholders are also investors in the company. Please treat small and medium-sized shareholders well, respect their participation rights and voting rights, protect their right to know, and protect their profit distribution rights and other shareholder rights. Many companies are unable to operate normally due to infighting among shareholders due to major shareholders not respecting small and medium-sized shareholders. Internal disputes within a company can easily lead to deadlocks in corporate governance, which may not only involve the company and shareholders in litigation, consume the company's manpower and material resources, but in extreme cases may lead to the dissolution of the company.
30. Resolve differences according to prescribed procedures
It is very normal for investors in a company to have disagreements. It is recommended that you follow the procedures stipulated in the company's articles of association to resolve disputes. Before convening a shareholders' meeting, please be sure to notify shareholders in accordance with the time limit, method and content stipulated in the company's articles of association. If you fail to properly perform your notification obligations, the resulting resolutions of the shareholders' meeting and board of directors may be revoked by the court. It is recommended that you use more consultation methods to resolve differences within the company.
31. Liquidation is required when business ends.
A limited liability company invested and established by an enterprise may need to close its business due to various factors. Please be sure to fulfill investors' liquidation obligations on time. If failure to perform liquidation obligations results in the devaluation, loss, or damage of the company's property or the loss of the company's account books, important documents, etc., shareholders will face the risk of directly bearing all the company's debts.
Precautions for enterprise labor and employment
32. Avoid large-scale layoffs
Under the changing economic environment, it is normal for enterprises to encounter some difficulties in production and operation. It is recommended that you do not carry out large-scale layoffs easily. This will not only prevent the legal risks caused by more layoffs, but also avoid hurting the sense of belonging of retained employees and affecting the long-term development of the company. It is also a social responsibility that you and your company need to bear. Responsibilities
33. Discussion and disclosure of rules and regulations
The formulation and modification of enterprise rules and regulations must follow the democratic procedures of the Labor Contract Law, must be disclosed to workers, and the content must comply with legal provisions. If you ignore this point, the rules and regulations will not be used as the basis for enterprise employment management, and the enterprise will also face the risk of employees requesting to terminate the labor contract and propose financial compensation at any time. It is recommended that you keep written evidence of the workers' congress or all employees discussing and negotiating rules and regulations. Keeping employee handbook sign-in records, rules and regulations training sign-in records, rules and regulations exam papers and other methods are good evidence to prove that your company has disclosed its rules and regulations.
34. Sign a contract first and then hire someone.
Please be sure to establish the concept of signing a contract first and then hiring someone. The labor contract must be concluded within one month from the date of employment at the latest; if the employee continues to work for the employer after the labor contract is terminated, the employer will also The contract should be concluded within one month. If an employee refuses to sign a labor contract, please retain relevant evidence such as the notice sent to the employee requesting the signing of the contract to avoid the risk of the employee being unwilling to sign a written labor contract with the enterprise and subsequently requiring the enterprise to pay double wages.
35. Keep evidence when employees are willing to sign a fixed-term labor contract.
If an employee meets the circumstances for entering into a non-fixed-term labor contract, please respect the employee's choice and conclude an indefinite-term labor contract according to his or her wishes. When concluding a contract, the employee may be consulted in writing. If the employee requests the conclusion of a fixed-term labor contract, the employer shall retain written evidence of the employee's consent to avoid the employee's regret later. The employer is required to pay twice the salary.
36. Service period agreements require fee vouchers
Enterprises that provide professional and technical training to workers, especially those who go abroad for training, should sign a special training contract to clarify the rights and obligations of both parties to reduce the impact of brain drain on the enterprise; at the same time, please pay attention to retaining Relevant evidence of training expenses to avoid the difficulty of proof in case of disputes.
37, reasonable use of non-competition restrictions protection
Senior managers, senior technical personnel and other personnel with confidentiality obligations are valuable assets of the enterprise.In order to avoid the situation where they go to other employers or start their own companies to engage in non-competition business after leaving their jobs, resulting in the loss of your corporate customers, infringement of intellectual property rights, and damage to production and operations, you can agree with them to keep business secrets and cooperate with them. Confidential matters related to intellectual property rights, and at the same time sign a non-competition clause to clarify the scope, territory and duration of the non-competition. However, please be sure to note that the period of non-competition shall not exceed two years. At the same time, after the labor contract is terminated or terminated, workers shall be given financial compensation on a monthly basis during the period of non-competition.
38. Make good use of comprehensive timing and irregular timing
If an enterprise arranges workers to work overtime, they should be paid overtime wages. For workers who need to implement irregular working hours and comprehensive calculated working hours due to the nature of their work and the characteristics of their jobs, it is recommended that you apply for approval from the labor administrative department in a timely manner. At the same time, pay attention to retaining attendance records confirmed by workers to avoid difficulties in proving evidence when disputes arise over overtime facts.
39. Give up the annual leave certificate
It is the enterprise's obligation to arrange annual leave for employees. If the company arranges for employees to take annual leave, but the employees are unwilling to take annual leave, it is recommended that you notify the employees in writing of the leave, and require the employees to confirm in writing whether and when they will take annual leave, so as to avoid being unable to provide evidence in the event of a dispute.
40. Be wary of employees mentioning "forced dismissal"
It is an enterprise's obligation to pay social insurance premiums to workers in a timely manner and in accordance with the law. Please be sure to comply. Otherwise, the enterprise may face greater risks and costs when workers demand the termination of labor contracts and demand financial compensation on this ground.
41. Unilateral adjustments must be made with caution.
When an enterprise and its employees change the job positions, wages and remuneration as stipulated in the labor contract, it is recommended that you must record the changes in writing through written labor contracts, pay slips, job change notices, etc. It must be confirmed by the employee to avoid difficulties in providing evidence in the event of a dispute.
42. Regulations set the conditions for job and salary adjustments.
Enterprises can adjust their jobs or salaries in accordance with regulations or agreements with workers. It is recommended that you stipulate or stipulate changes in job positions and labor remuneration in the company's rules and regulations or labor contracts, so that in the event of a dispute, you can bear the burden of proof on the legality and reasonableness of the adjustment to workers' jobs and wages.
43. Clearly define employment conditions
Enterprises have the right to unilaterally terminate employees during the probation period. To ensure that you exercise your rights correctly, it is recommended that you control recruitment, clearly define employment conditions and stipulate them in the labor contract by sending an employment letter, The employment conditions shall be disclosed to workers by means such as stipulated in the rules and regulations. Do a good job in assessment during the probation period, and terminate the contract of workers who do not meet the employment conditions in a timely manner. Otherwise, they will have to pay higher dismissal costs after the probation period.
44. Clarify serious violations of disciplines and quantify major damages.
Enterprises have the right to unilaterally terminate workers when workers seriously violate rules and regulations. To ensure that you exercise your rights correctly, it is recommended that you specify serious violations of disciplines and major damages in the company’s rules and regulations or employee handbook. Make clear and quantified provisions on damages and other situations, and at the same time, pay attention to retaining the factual basis for employees' serious violations of disciplines, causing major damage and serious impact to the enterprise, so that evidence can be produced in the event of disputes.
45. There must be legal reasons for dismissal.
When an enterprise terminates a labor contract or terminates a labor contract with an employee, it shall do so in accordance with the circumstances and procedures prescribed by law, and shall pay economic compensation to the employee in a timely manner in accordance with the law. Please pay attention to abide by this provision. Otherwise, you will face the risk of paying an additional penalty of 50% to 100%, or even twice the economic compensation.
46. Employee resignation can be regulated.
Workers’ unilateral termination of labor contracts is a right granted by law. Enterprises should protect their freedom to resign in accordance with the law, but they should also pay attention to regulating their resignation behavior. It is recommended that you keep written evidence such as the resignation letter submitted by the employee to prove whether the employee has exercised the right to terminate the contract in accordance with the law.If an employee violates the principle of good faith and terminates the labor contract before the expiration of the agreed period or the completion of the agreed work tasks, causing losses to the enterprise, you may claim that the employee compensates for direct economic losses.
Precautions for corporate intellectual property protection
47. Search before establishing a R&D project
Before your company establishes a product R&D project, please be sure to fully search for existing information. Otherwise, once the results of your company's independent research and development may have already been public information or someone else has applied for intellectual property protection, the company will suffer unnecessary losses in manpower and funds.
48. Pay attention to protection during the research and development process.
During the product development process, your company cannot apply for patent protection because the research and development has not yet been completed. Therefore, please pay special attention to the protection of trade secrets to prevent others from using your research results to complete product development first. , be the first to apply for a patent. After product research and development is completed, please promptly apply for a patent or take confidentiality measures to protect your trade secrets. Otherwise, your company's technology may be disclosed, or others may apply for a patent first, causing losses. At the same time, based on the characteristics of different products, it is recommended that you consider adopting patents, trademarks, copyrights, unique packaging and decoration of well-known products for comprehensive intellectual property protection.
49. Pay attention to protection during the production process.
During the production process of your company, please pay attention to physical isolation of technical information and production processes involving trade secrets, so as to prevent others from visiting, taking pictures, and filming due to lack of confidentiality awareness. unnecessary loss. When entrusting others with processing, some of the company's business secrets will inevitably be known to the other party. Please be sure to sign a confidentiality agreement with the other party to bind it.
50. Pay attention to protection during the cooperation process
Your company may cooperate with others during the technology research and development process. Please be sure to make clear and unambiguous agreements on the ownership of intellectual property rights and the rights and obligations of each party in the relevant cooperation contract. Negligence in unclear ownership agreements is often fatal, often resulting in the inability to obtain the patented technology, trade secrets or exclusive licenses for the patents or trade secrets that the company hopes to obtain, and the company cannot gain a competitive advantage as a result. When acquiring intellectual property rights through transfer, licensing, etc., please be sure to review the ownership certification documents of the transferor or licensee, in case the transferor or licensee is not the real rights holder, or the rights have expired.
51. Register trademarks in a timely manner
When your company is cultivating a commercial logo, please pay attention to registering the trademark in time, otherwise it will not be able to obtain the exclusive right to the trademark. The use of the same commercial logo by others does not constitute infringement, so as to avoid you investing a lot of manpower, material resources, and funds. A cultivated business identity is easily usable by others.
52. Reasonable registered trademarks
When your company applies for registered trademarks, it should try to avoid using words such as place names and common product names as trademarks. The design of the trademark should be distinctive and easy to identify, and fictional words are a better choice. At the same time, before you apply for a registered trademark or register a company name, please be sure to fully search for prior trademark registration information and company names in the same industry. You should pay full attention to avoid conflicts of rights and avoid being "too famous". Otherwise, it is very likely to infringe other people's prior rights, or fall into the scope of cross-class protection of other people's well-known trademarks. The company will not only suffer losses, but may also face claims from the rights holder, or face the need to stop the infringement, especially the use of the trade name.
53. Pay attention to intellectual property rights in OEM processing.
Your company may be an OEM processing enterprise. When accepting orders from external processing customers, please be sure to conduct necessary review of the legality of intellectual property rights of the products processed under the order, otherwise it may lead to processing, Producing products that infringe on the exclusive rights of others’ patents or registered trademarks will cause losses to the enterprise.
54. Timely registration of copyright
Your company should pay attention to the protection of the copyright of software, text, pictures, patterns, patterns and other works. After the work is completed, it should promptly register the copyright with the copyright department.The electronic documents formed should be fixed using modern network technology means such as electronic data authentication and time stamping as much as possible, as evidence of the time when the work was completed.
55. Avoid copyright infringement
Your company should pay attention to respecting the copyrights of others and avoid using other people’s copyrighted product pictures, text descriptions, etc. on your products, product manuals, advertising brochures, and corporate websites. At the same time, when printing product manuals, advertising brochures and other corporate promotional materials, be sure to indicate the date of printing and release, printing unit and other information. This information can be used as evidence for your copyright protection and as a defense for non-infringement. evidence. Cultural and creative enterprises should also pay attention to the reasonable use of other people's works during the creative process to avoid infringement. Network service companies should also be careful not to infringe on others' rights to disseminate network information, and not to provide playback and download services for online movies, TV shows, and music works without authorization.
56. Establishing intellectual property files
It is recommended that you establish intellectual property files as much as possible when necessary. Pay attention to the intellectual property research and development record rights certificates, payment records, intellectual property contracts, rights certification documents provided by the other party, original copyright carriers and other information. ; When you purchase products from other companies, you should try your best to require the other party to indicate the product model and other information when issuing invoices and delivery notes, so that you can provide sufficient evidence when conducting rights protection lawsuits or facing accusations of infringement from others.
Matters that should be paid attention to in foreign trade transactions
57. Pay attention to the "Country Risk Analysis Report"
When choosing a transaction partner, it is recommended that you carefully analyze and study the latest "Country Risk Analysis Report" released by China Export and Credit Insurance Corporation, and track trade-related matters in a timely manner The risk level of a country or region, and try not to do business with trading partners in high-risk countries.
58. Proper use of trade terms
When signing an international goods sales contract, it is recommended that you pay attention to the selection of appropriate trade terms. FCA or FOB should be used for imported goods, and CIF or CIP should be used for exported goods.
59. Choose to apply Chinese law
When choosing the applicable law, in order to prevent the unpredictability of legal risks, it is recommended that you try to choose the applicable laws of our country or the international treaties that our country is a party to.
60. Choose the appropriate settlement method
When choosing the settlement method for import business, you should pay attention to the control of settlement risks. It is recommended that you generally choose letter of credit (L/C), but try not to choose transferable or revocable letters of credit with higher risks; for customers with higher credit ratings, you can choose documentary collection (D/P) Method; if the customer's credit rating is very high, you can choose the draft collection (D/A) or remittance (T/T) method. If you choose letter of credit (L/C) for settlement in export business, you must pay attention to preventing letter of credit fraud. If there are forged documents, shoddy goods, or intentional delivery of worthless goods, it is recommended that you report it to the People's Court in a timely manner. Apply for a stop payment order to prevent losses.
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