CITF-TOPIC 1-Business entities 学习笔记

商业实体-Business entities

商业实体的生产活动就是追逐利润,当然也有例外如NGO。Business entities provide a product or service for their customers with the aim of generating a profit for their owners or investors. There are exceptions to this rule. Not‑for‑profit organisations such as  charities and non‑governmental organisations (NGOs) do not share this aim.

注意:NGO 组织很多,如红十字会(Red Cross),绿色和平组织( Greenpeace) 和无国界医生(MSF,Médecins Sans Frontières)等。(除此之外,还有各种各样的NGO,需要客观地看待,有些是带着政治目的渗透在各个经济活动之中)


了解你的交易对手-Understanding your counterparty

谈判地位-Bargaining position
交易对手的商业类型决定你的谈判地位和竞争力。(The business type of your counterparty will determine your bargaining position and comparative strength. It will also have an impact on the price your counterparty will be prepared to pay as a buyer or will charge if it is a seller. It may additionally have an impact on payment terms. A large corporate in a favourable competitive position may be able to put pressure on its buyer to pay in advance. It could also be in a position to force its sellers to allow deferred payment terms that are favourable or advantageous to itself. )

争端解决机制-Disputes settlement
不同规模的企业使用不同的法律手段解决争端,所以非常有必要了解交易对手及与其潜在争端。(Large corporates with legal departments(法务部) and dedicated legal advisers(专业的法律顾问) often opt to settle disputes through litigation(诉讼). They also have the time and resources to stretch lawsuits as long as possible in order to ‘draw the longest straw’. On the other hand, smaller businesses generally endeavour to reach agreement by negotiating compensation(补偿) or the like. Some smaller businesses make use of outsourced legal counsel(外包律师). It is, therefore, important to understand your counterparty and the nature of potential disputes that may arise from doing business with them.)

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