(1) Legal risks of equity disputes. One of the core problems faced by enterprises in business management is internal disputes, such as the confirmation and transfer of shares, the litigation between shareholders and the board of directors, and the litigation and withdrawal requirements of enterprises against operators or shareholders. Under the legal background of company law, internal disputes have become one of the main legal risks of enterprises, which has a vital impact on the management and future development of enterprises.
(2) Legal risks of intellectual property rights. The number of intellectual property owned by enterprises has become the main symbol of the core competitiveness of enterprises, especially some foreign-funded enterprises pay more attention to the protection of intellectual property rights and local maintenance. However, in the process of enterprise intellectual property protection, there are often incidents such as infringement of property rights and defects in protection mechanism, which lead to legal risks of intellectual property rights.
(3) Contract legal risks. Contract legal risk is an important content of legal risk, involving many aspects of enterprise production and management, closely related to all aspects of the enterprise, and also intersecting with other types of legal risks. Specifically, the legal risks of a contract mainly include disputes caused by problems in the subject of the contract, disputes caused by imperfect terms listed in the contract, and disputes arising in the course of contract performance.
(4) The legal risk of illegal crimes committed by enterprise managers. In recent years, the phenomenon of legal risks caused by illegal crimes committed by business managers, especially senior managers, has become more and more serious, and the legal risks of illegal business managers have become the focus of attention. Among all kinds of legal risks, the legal risk of illegal crimes committed by enterprise managers is particularly important to the development of enterprises, which may lead to the decline of enterprises, the reduction of economic benefits, and even the loss and closure of enterprises.
Cause analysis of legal risks Comprehensive analysis of the above legal risks, the main reasons are as follows:
(1) Enterprises are not aware of legal risks. In many enterprises, especially some small and medium-sized enterprises, enterprise managers do not know enough about legal risks and their consequences and pay little attention to them. In the process of management, they do not take preventive or timely control measures. Once the legal risk occurs, although it is remedied afterwards, the result is not great because of weak awareness of prevention and imperfect measures afterwards.
(2) Poor management and unbalanced power. At present, there are many problems of illegal operation in enterprises, such as the abuse of power by senior management, the serious imbalance of management power between shareholders and managers at all levels, and the inability to control and deal with violations in time. A series of illegal acts eventually lead to serious legal risks for enterprises.
(3) The enterprise legal risk prevention system is not perfect. In some enterprises, despite the establishment of relevant systems and mechanisms for legal risks, they still face legal risks, mainly because the systems are not perfect, which have not been really implemented in actual production and operation management, and some even become mere formality, and the legal risk prevention system has not fully played its due role.
Precautionary measures against legal risks The existence of legal risks is not terrible. The key is that enterprises should be able to identify potential legal risks in time and take effective measures to control and prevent them quickly. The following are common precautions:
(1) Strengthen legal risk awareness. Senior managers of enterprises should improve their understanding of the law, learn to effectively control and manage enterprises through professional legal departments, integrate the awareness of legal risk prevention while building corporate culture, reduce legal costs and ensure the benign operation of enterprises.
(2) Improve the management system. Enterprise managers should make corresponding adjustments in time according to their own development and changes in the current market environment, improve their own internal management system, ensure that the management system of enterprises is legal and reasonable, and can adapt to market competition, and urge and supervise all managers and employees to manage and operate according to law under these systems through various channels, and take legal risk prevention measures in time to effectively control legal risks.
(3) Improve the legal risk prevention system. Legal risks come from enterprises themselves. Enterprises should take effective precautions from themselves, establish and improve the legal risk prevention mechanism, vigorously promote the legal consultant system, enterprise management system, risk management early warning system and supervision system, realize self-restraint and supervision from within enterprises, and ensure that the legal risk prevention system can fully play its role.
(4) Improve the quality of employees and perform their duties according to law. Enterprise managers should start from the grass roots, pay attention to the cultivation and improvement of employees' quality, and let every employee act in accordance with laws and internal rules and regulations in his own post, especially the legal person of the enterprise. The improvement of their quality will help them perform their duties conscientiously, submit reference opinions and investigation reports in time, conduct legal consultation, mediate various disputes, and help enterprises reduce legal risks as much as possible.