There is generally no risk.
A company is a limited liability company or a joint stock limited company established by natural persons, enterprise legal persons and their social organizations that does not absorb public deposits and operate businesses. Compared with banks, the company is more convenient and quick, suitable for the capital needs of small and medium-sized enterprises and individual industrial and commercial households; Compared with private lending, it is more standardized and the loan interest can be negotiated by both parties.
A company is an enterprise legal person, with independent legal person property, enjoying legal person property rights, and bearing civil liability for debts with all its property. Shareholders of a company shall enjoy the right to return on assets, participate in major decisions and choose managers according to law, and shall be liable to the company to the extent of their subscribed capital contribution or subscribed shares.
The company shall abide by the national laws and administrative regulations, implement the national financial policies, implement the financial standards and accounting systems of financial enterprises, and accept the supervision and management of governments at all levels and relevant departments according to law.
The company implements the national financial and economic policies, conducts business within the scope prescribed by laws and regulations, operates independently, assumes sole responsibility for its profits and losses, and undertakes its own risks by self-discipline. Its legitimate business activities are protected by law and are not interfered by any unit or individual.
2. What are the main risk points of enterprise financing?
I. Classification according to different risks:
1, default risk,
That is to say, failure to repay due debts on time will lead to damage to corporate credit and even the possibility of legal proceedings;
2. Moral hazard,
Mainly refers to the financing team in the process of fund management, asset management, fund management and financing, due to the personal reasons of the enterprise team, the possibility of damaging the interests of the enterprise, such as extracorporeal circulation of funds;
3. Opportunity risk,
Refers to the possibility that a financing enterprise loses other opportunities by choosing one scheme or opportunity in the process of financing decision-making and financing scheme implementation;
4. Legal risks,
In the process of designing and implementing the financing scheme, the financing enterprise may violate the criminal law because of some illegal, fraudulent or deceptive acts.
Second, according to the risks caused by different types of destructive power:
According to the destructive power and spread of risk, it can be divided into:
1, local risk,
That is, it will have adverse effects on the short-term or local interests of enterprises, such as cost loss and reputation damage;
2. System risk,
That is, the possibility of affecting the survival of enterprises or making major changes in the development direction of enterprises and the impact on sustainable development.
Three, according to the different classification of financing instruments:
This is also one of the common risk classification methods. The risk degree and risk performance of each financing instrument are different, including:
1, interest rate risks such as medium and long-term loans;
2. Foreign exchange financing, such as exchange rate risk;
3. Short-term capital lending, such as systemic risk;
4. Financing by overseas institutions, such as financing fraud.
Four, according to the different types of financing:
1. Debt financing risk;
2. Equity financing risk.
Five, according to the different stages of capital flow classification:
This classification method is convenient for financing enterprises to adopt different risk control strategies at different stages of financing and classify according to different risks:
1, financing diagnosis and evaluation stage, such as decision-making risk;
2. Look for financing channels, such as financing scams;
3. The stage of capital utilization, such as liquidity risk;
4. Capital return stage, such as default risk and litigation risk.
3. What are the risks of enterprise financing project mortgage?
1. What are the risks of enterprise financing project mortgage? 1. Ownership risk The rights of projects under construction consist of land use rights and the ownership of Jian 'an projects. Land use rights can be obtained through allocation or transfer. The main risks are: whether the right subject is clear, whether there is ownership, whether the set land area is clear, and whether the land use period is shorter than the loan period. 2. Value Risk The causes of value risk are: evaluation reasons, market reasons and ownership definition reasons. Due to the numerous real estate appraisal institutions, the appraisal level of appraisers is uneven. When the evaluation result is higher than the normal and reasonable market value, the risk of the loan increases sharply. Sometimes, in order to save the relevant expenses for developers, the loan officer estimates for himself. Due to the lack of professional evaluation knowledge, the error of estimation results may be great, which may also cause loan risk. 3. Quality Risk In order to reduce the development cost, in the bidding process of construction projects, after the implementation of the bill of quantities, the reasonable lowest price is one of the conditions for winning the bid, which makes the contractor bid with a very low quotation in order to win the bid. After winning the bid, there may be some illegal acts in the construction process, such as cutting corners, shoddy, shoddy and so on, which may cause quality hidden dangers. When the mortgagee disposes of the project under construction, there are quality problems, and the disposal price will be much lower than the normal price, which will cause loan risk. 4. Registration of risk collateral Only after the mortgage registration, the loan bank is the real mortgagee and can enjoy the priority of compensation. Some loan banks do not handle mortgage registration, notarization and insurance procedures without authorization according to the reputation of developers. When the developer fails to perform the contract, it will cause loan risk. 5. Where the land management department and the real estate management department are separated, the land mortgage is registered in the land management department, and the projects under construction (including land) are registered in the real estate management department. When developers use separate land and projects under construction (including land) to apply for mortgage loans in different banks, and at the same time, because the information of the real estate management department and the land management department is not interoperable, they apply for mortgage registration respectively, resulting in the same land being mortgaged twice, which may cause loan risks. 6. Disposal of risks When the project under construction is disposed of, it will affect the image of the developer and the image of the development project. At the same time, the disposal behavior is unfair market behavior, which makes the disposal value of the project far lower than the market value, thus causing the risk that the loan cannot be fully recovered. The mortgage of the project under construction can avoid the above risks well, thus ensuring the mortgage of the project under construction well. Two. Overview Construction in progress refers to houses and other buildings under construction after approval. As a special form of mortgage, the mortgage of construction in progress is widely used by banks because of its advantages of accelerating capital flow and promoting capital financing, which can meet the needs of banks to expand customers and solve the financing needs of enterprises. However, the mortgage of the project under construction is different from the real estate mortgage that has obtained the house ownership certificate. The legal relationship of mortgage of construction in progress is more complicated, with more uncertainties and greater risks. If the operation is improper, legal risks are likely to occur, resulting in the loss of credit assets. In the process of development, enterprises also need certain funds to develop and expand the scale of enterprises, so enterprises can also raise funds by selling equity, mortgaging real estate or mortgaging projects under construction. There are certain risks in the financing process, so after financing, they also need to sign corresponding financing contracts, which should specify specific rights and obligations.
4. What are the types of corporate debt financing?
The types and ways of corporate debt financing include: commercial credit, bank credit, corporate bonds, leasing, etc.
When an enterprise is established, if it needs to have registered business activities, it should also have working capital. When expanding the scale of enterprises, it is more necessary that the life and vitality of enterprises are limited, so financing is a method. So, what are the common financing methods for enterprises?
1. The lessor of small and medium-sized financial leasing enterprises selects the supplier and the leased property, buys the leased property from the supplier and provides it to the lessee for use, and the lessee pays the rent in installments within the period agreed in the contract or the contract. If small and medium-sized enterprises want to obtain financial leasing, their own project conditions are very important, because financial leasing focuses on the future cash flow of the project. Therefore, the success of financing leasing for small and medium-sized enterprises is mainly concerned with the benefits of the leasing project itself, not the comprehensive benefits of the enterprise. In addition, the credit of enterprises is also very important. Like bank lending, good credit is the basis for the next lending.
2. Bank acceptance bill In order to reach a transaction, both sides of SME financing can formally accept the bank acceptance contract after the bank's approval, and the accepting bank should sign the words of acceptance or signature on the acceptance bill. Such a bill accepted by a bank is called a bank acceptance bill, specifically, a bank guarantee to the buyer. The seller doesn't have to worry about not receiving the payment, because the buyer's guarantee bank will definitely pay the payment when it expires. Small and medium-sized enterprises' bank acceptance bills have short financing period, high frequency and fast speed. In addition, the biggest drawback of acceptance is that according to national regulations, bank acceptance can only be opened for 12 months at most. Most places can only be opened for half a year. That is, the fee must be renewed every 6 months or 1 year. It's troublesome to use money for a long time.
3. Real estate mortgage Real estate mortgage SME financing is the most widely used SME financing method in the market at present. In terms of real estate, we must pay attention to the provisions of People's Republic of China (PRC) Civil Code and Urban Real Estate Management Law on real estate mortgage.
4. Equity transfer Equity transfer part of the equity of the small and medium-sized enterprise division to obtain funds, so as to meet the capital needs of enterprises. Small and medium-sized enterprises' equity transfer and financing is actually a process of introducing new capital. Therefore, the equity is cautious and thorough, otherwise it may be in a passive situation. Entrepreneurs are advised to consult company law professionals and act cautiously before transferring their shares.
The advantage of providing guarantee for SME financing is that it can seize market opportunities and reduce the share of enterprise funds in trade. Small and medium-sized enterprise financing is suitable for small and medium-sized enterprises that have opened letters of credit in banks and delivered imported goods. Small and medium-sized financing enterprises with delivery guarantee must pay attention to the fact that once the delivery guarantee procedures are handled, no matter whether the documents received are inconsistent or not, they cannot refuse to pay or refuse.
6. Internet financial financing Compared with other investment methods, the Internet financial platform conducts qualification review and on-the-spot investigation on enterprises applying for financing, and selects high-quality projects with investment value to disclose to investors on the investment and financing information docking platform websites such as investment and financing communities; And provide an online investment trading platform to generate legally effective loan contracts for investors in real time; Supervise the operation of enterprise projects, manage risk margin and ensure the safety of investors' funds. The financing method created by love investment is to let professional institutions do professional things. On the one hand, it takes advantage of the openness and openness of the Internet, and at the same time combines the professionalism of traditional financial institutions in risk control and credit audit. To sum up, there are six common financing methods for enterprises, among which financial leasing is suitable for enterprises that need physical assets such as equipment and products, bank acceptance bills are suitable for enterprises with high requirements for capital withdrawal, real estate mortgage is suitable for enterprises with temporarily idle assets, equity transfer is suitable for innovative enterprises with good development prospects, providing guarantees is suitable for enterprises with high credit, and Internet financing is suitable for enterprises with flexible management and trading methods.
Article 502 of the Civil Code of People's Republic of China (PRC) * * * A contract established in accordance with the law shall take effect upon its establishment, except as otherwise provided by law or agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract should go through the approval procedures, such provisions shall prevail. If the failure to go through the formalities such as approval affects the effectiveness of the contract, it will not affect the performance of the obligation clauses such as approval and the effectiveness of relevant clauses in the contract. If the party that should go through the formalities for approval fails to perform its obligations, the other party may require it to bear the responsibility for violating its obligations.
The modification, assignment and dissolution of a contract shall be subject to the provisions of laws and administrative regulations, and the provisions of the preceding paragraph shall apply and shall be subject to approval.