【Original】Text/Ximing
The project management committee system is a more scientific and standardized film project management system. The system has a wide range of applications, regardless of the number of investors and the size of the investment quota. Of course, this system is particularly suitable when the number of main investors is three to five, and it can be used to its maximum effect.
The system is usually designed as follows:
First, distinguish between the main investors (assumed to be four) and joint investors (assumed to be nine), investment budgets, and investment determination (the amount of investment determined by the four main investors) With follow-up investment (except for the investment difference determined by the four main investors), the four main investors jointly sign a joint investment agreement, and agree on the project management committee system and build a matching rule system in the form of the investment agreement.
Second, the project management committee (hereinafter referred to as the management committee) is composed of representatives appointed by the four investors, representatives of the production company, and the chief producer (according to your own circumstances, you can choose the director to join the committee). As the authority of the project, the management committee is responsible for the decision-making, implementation and supervision and management of the entire project. In internal voting, instead of adopting a shareholding system determined by investment shares, it is similar to the one-person-one-vote system of the board of directors, where the minority obeys the majority principle. Since the four investors and the undertaking units may need to be responsible for a certain business, they should withdraw from voting and cannot participate in the voting when voting matters and their interests. Of course, the first producer (the investor with the largest amount of investment) can enjoy certain control rights, such as the right to final consent to exclusive matters.
Third, among the four investors who entered the management committee, it is clear that one is responsible for the fund management and external settlement affairs of the project, is responsible to the management committee, and works under the leadership of the management committee. The management committee authorizes one of the four investors to sign an investment agreement with the new investors on behalf of the four investors, but the content of the agreement should be approved by the management committee. The four parties jointly signed a commissioned production agreement with the production company, and the production company is responsible for the production of the film.
Fourth, the expenditure of film expenses is subject to a budget system. The budget is prepared by the investor responsible for funding and settlement, and will take effect after being confirmed by the management committee. At the same time, according to specific circumstances, the production unit has the right to decide on the expenditure of specific items in the production, but the production unit should ensure that the film production does not exceed the expenditure.
Fifth, the four investors have the right to introduce new investors, but they must obtain the consent of the other three parties.
Sixth, the management committee strictly supervises the production budget, and the undertaking unit shall not overspend. If the film production cost exceeds the budget, it shall be agreed by the four investors, and additional investment shall be made according to the investment ratio agreed in the agreement.
Seventh, the investment funds that have been put in place should be used for film production first. The management committee should closely monitor the use of funds to ensure that the investment funds are not misappropriated.
Eighth, the propaganda budget is clearly stipulated in the agreement. If it needs to be added due to special circumstances, it shall be approved by the management committee. Even if the announcement party advances the payment without approval, it shall be borne by the advance party.
Ninth, the investor responsible for fund management should submit financial statements to the management committee every week. The management committee has the right to supervise the financial affairs, have the right to consult the accounting books, original contracts and vouchers, and have the right to require the investor to conduct financial Explain related matters.
Tenth, the investor responsible for fund management should submit the film settlement form to the management committee within a certain period of time after the film is scheduled to be cut or the dragon mark is obtained. The management committee shall review and confirm or raise objections within the agreed time. If a member of the management committee neither confirms nor disagrees within the time limit, it shall be deemed to have agreed.
Eleventh, if the management committee has major differences on the film settlement table, it can vote on whether to audit. If auditing is required, the management committee has the right to decide the entrustment of audit institutions.
Twelfth, the promotion of the film was entrusted to one of the four investors. The investor of the party responsible for publicity shall formulate a publicity and promotion plan, which shall be implemented after approval by the management committee.
Thirteenth, the distribution of the film is entrusted to one of the four investors. The investor of the party responsible for the issuance shall formulate an issuance plan, which shall be implemented after the approval of the management committee. If the issuance work is entrusted to non-investors, the selection of the issuer shall be decided by the management committee, and the issuance agency agreement and issuance agency fee shall be approved by the management committee. The issuance budget is established, and any additional items should be approved by the management committee.
Fourteenth, if the investment fund has a balance, the management committee shall determine its purpose or return method.
Fifteenth, according to the actual situation, the management committee can setAppoint a person in charge and be responsible for coordination. The
project management committee system is quite similar to the board of directors system. Putting professional talents in the professional position can maximize the release of professional potential. The members who enter the management committee are usually the elites who can best represent their company. In addition, compared with the first producer acting as the prosecutor to take over the main work of the project, the project management committee system makes the project more transparent, and all information is shared in a timely manner to avoid estrangement and misunderstanding caused by poor communication and prevent disputes from the source. In addition, the major investors jointly participate in the project, work together, unite people and resources, and the project is easier to succeed.
Finally, as the author sees, film investment contract disputes mostly start with a crisis of trust between investors. One party is responsible for a certain job but fails to disclose relevant information in a timely manner. This behavior is either due to laziness in the work, or because it feels that the value of the information is low, and there is no need to inform, or because of its own working methods, it hopes to disclose uniformly, etc , Not necessarily out of malice, but because the other party is unable to grasp the progress and information of the project, a sense of loss of control will cause suspicion, so there will be a crack in trust; in addition, the communication method and attitude between investors or between specific docking personnel are inappropriate, Small conflicts can breed big conflicts. Most of the lawsuits result from this. The film project management committee system puts the project under the sun, and there is no information blind spot, which can effectively reduce disputes. This article believes that it is worth choosing and recommending.
This article is based on the Beijing Daxing District People’s Court (2017) Jing 0115 Minchu No. 6007 Civil Judgment (Judge Hao Wenting) Beijing Second Intermediate People’s Court (2019) Jing 02 Minzhong No. 7541 Judgment (Judge Wang Shuo, Li Li, Luo Shan ) Finished and deduced.
