2. Market risk: refers to whether the products of the enterprise are marketable and competitive in the market (technology, quality, service, sales channels and methods, etc.).
3. Financial risk: refers to the enterprise's predicament or even bankruptcy due to poor management (capital structure, asset-liability ratio, accounts receivable and payable, cash flow problems, etc.). ).
4. Legal risk: it is due to carelessness when signing the contract, falling into the contract trap and causing serious economic losses to the enterprise.
5. Team risk: refers to core team problems, employee conflicts, loss and knowledge management.
Under the new economic form, new business models of enterprises have mushroomed. With the development of China's "One Belt, One Road" national policy, the intensification of Sino-US economic and trade conflicts, and the strict management of market operators by state management departments, enterprises are facing various compliance risks in their operations and going global. Under the new situation, it is particularly important to avoid compliance risks and establish a stable corporate compliance system.
What are the key legal risks that business operators need to guard against in advance?
(1) The core legal risk is the contract, because the contract is not only a business document, but also a legal document. Once the contract is signed, it involves the obligations and rights of the enterprise, and involves the income and cost of the enterprise. Therefore, the contract risk should be paid enough attention by enterprises. In short, a good contract is not only to standardize the performance of both parties, but more importantly, to avoid the losses of the enterprise and urge the other party to perform the contract (increase the punishment for breach of contract).
(2) M&A also has high legal risks, because this process involves company law, competition law, tax law, intellectual property law and other laws and regulations, which is complicated in operation and has a great impact on society, so enterprises should also pay attention to this aspect.
(3) Intellectual property risk, the core of modern management has shifted from pure entity management to brand management. Intellectual property, as a special intangible property, needs special provisions of relevant laws. At present, most enterprises in China do not realize or pay attention to the deep protection of intellectual property rights. From the perspective of solving legal risks, it is more economical to prevent others from making infringing products than to claim compensation afterwards.
(4) Labor and employment risks. At present, the labor laws and regulations are not perfect enough, the legal awareness of workers will continue to increase, and labor disputes will be high. In order to avoid disputes, enterprises need to establish and improve a series of rules and regulations, and it is the most effective measure to manage and restrain people with systems.
How to prevent these common legal risks? How to avoid or minimize the losses caused by such risks to the company?
We should focus on the following measures:
(1) Strengthen the awareness of legal risk management. Therefore, domestic entrepreneurs or business leaders must first establish a sense of legal risk management. We should realize that once legal risks occur, they will bring serious consequences to enterprises, but they can be prevented and controlled in advance, and risk management must be strengthened.
(2) Establish and improve the legal risk management system. The causes of legal disputes are very complicated. If the internal responsibility of the enterprise is unclear, the system is imperfect, the supervision is lax and out of control, and the legal review is not strict, it may lead to legal disputes. Therefore, the establishment and improvement of legal risk prevention management system should be organically combined with accelerating the establishment of modern enterprise system and improving corporate governance structure, so that legal risk management becomes an important part of enterprise internal control system. It is necessary to closely focus on the central task of enterprise management, reform and development, deeply analyze the sources of legal risks faced by enterprises, strengthen the responsibilities of various departments and positions of enterprises, establish a linkage mechanism between legal departments, and speed up the improvement of the prevention, control, handling and filing mechanism of major legal disputes.
(3) Promote the construction of legal risk prevention system. The prevention of legal risks needs perfect system guarantee, and enterprises should promote the system construction of legal risk prevention from the following two aspects. Improve the legal risk management system. Such as contract risk management system, intellectual property management system, asset negative tax management system, legal dispute management system and so on. Build a communication platform for legal risk management. Hire a lawyer with professional knowledge and skills of legal risks as the company's legal adviser. According to the actual needs of business and post, strengthen the training of legal knowledge such as civil law, company law, civil law, labor law and intellectual property law for personnel in key positions such as personnel, finance and technology, improve the legal professional level, ensure that enterprises can better adapt to the market and participate in competition, safeguard enterprise objectives from personnel and foundation, reduce enterprise risks and safeguard enterprise rights and interests.
(4) Pay attention to legal risk management according to the specific situation of the enterprise. Legal risk management involves all aspects of enterprise management and strategic development. Such as contract and contract management, human resources, etc.
legal ground
Article 16 of the Company Law of People's Republic of China (PRC), the company's investment in other enterprises or providing guarantee for others shall be decided by the board of directors or the shareholders' meeting in accordance with the articles of association; Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits. Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting. Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting. Article 17 The company must protect the legitimate rights and interests of employees, sign labor contracts with employees according to law, participate in social insurance, strengthen labor protection and realize safe production. Companies should take various forms to strengthen employees' vocational education and on-the-job training to improve their quality.