1. is actually a partnership, but investors mistakenly think that the company is set up and operated. As a result, the cognition of rights among partners is misplaced, and partners do not know that they have unlimited responsibility for the enterprise, that is, they will recover their personal property.
It is a limited company that thinks it is established and operated, but it is actually a sole proprietorship enterprise. After the implementation of the new company law, "husband and wife company", "father and son company" and "one-man company" are common organizational forms of small and medium-sized enterprises in practice. Investors mistakenly believe that "the company is mine and the company's property is mine" and mix the company's property with family or personal property in business. In this way, when there is a dispute with the outside world, it may lead to the loss of corporate personality and the protection of "limited liability". For example, if the shareholders of a one-person limited liability company cannot prove that the company's property is independent of their own property, they should be jointly and severally liable for the company's debts and will still recover the personal property of the shareholders.
Second, the registered capital is flawed, which not only affects the personal property in the debt commitment, but also may constitute a criminal offence.
When the company was established, some entrepreneurs often wanted to expand their registered capital in order to show their "strength", but because of insufficient funds or considering that the company's business did not need so much money at the moment, they used the means of falsely reporting the registered capital or withdrawing the capital after registration. Legal risks may be: filling in capital contribution, denying corporate personality, constituting a crime and so on.
Third, the financing trap
Lack of operating funds is a common situation in most enterprises. Common financing methods include bank lending, private lending, additional investment by shareholders, attracting new shareholders to increase capital and shares, introducing strategic investors, issuing corporate bonds, and listing financing (IPO or additional issuance).
Different financing methods also have different legal risks, and a financing has different legal risks in different links. For example, bank lending may fall into the legal risk black hole of financial fraud such as "high-interest lending", "illegal lending" and "loan fraud"; Private lending may encounter legal risks such as "illegally absorbing public deposits", "fund-raising fraud", "bill fraud" or other financial voucher fraud. All kinds of financing or capital operation are inevitable for enterprises to become bigger and stronger. Injecting the concept of legal risk management into financing project management plays a vital role in preventing legal risks.
Four, ignore the following legal risks in market transactions
The development of enterprises depends on constant market transactions. Different market transactions need to establish different contractual relationships, and different contractual relationships may encounter different legal traps. In fact, the most common legal dispute encountered by enterprises is contract dispute. Small and medium-sized enterprises have a strong sense of contract risk. However, the management of enterprise transaction behavior is by no means limited to the management of the contract itself. A contractual relationship includes not only the contract as the standard to define the rights and obligations of the subject, but also the continuous process from the beginning of contract negotiation to the completion of contract performance and even the aftermath. Therefore, the legal management of trading behavior is actually a process management.
Verb (the abbreviation of verb) has not established an intellectual property management system.
In China, except for a few enterprises such as Haier and Peking University Founder, the vast majority of enterprises have not realized the importance of intellectual property management, let alone strategic planning. Enterprises are still concerned about the management of tangible assets.
Due to the lack of strategic planning, many enterprises only applied for China patents, resulting in the loss of technology, low utilization rate after patent application, and low degree of industrialization and commercialization. In addition, it is easy to fall into the patent "trap" and "minefield" and infringe on the patent rights of others, which not only requires high compensation, but even leads to bankruptcy of enterprises.
Legal risk in enterprise integration of intransitive verbs
Every link of enterprise integration hides legal risks. List two main aspects:
1. The most important thing in enterprise integration is the adjustment of the ownership structure, which means the control right of the enterprise and the effectiveness of decision-making, and also means the entrepreneurial motivation of the company's executives. If the legal scheme is not designed, planned and demonstrated in advance, the legal risk is not managed and controlled in the process, and the risk is not evaluated and resolved in time when the "tree worm" appears, the risk will inevitably get out of control.
2. Asset integration Asset integration involves various legal relationships such as the definition of ownership, restrictions on disposal rights, pricing, trading, transfer, taxes and fees, and also hides various legal risks.
The above are the legal risks faced by start-ups, which I hope will be useful to entrepreneurs. I hope that every entrepreneur can avoid these traps in the early stage and not touch the legal red line, so as not to hinder his own entrepreneurial road. Our website also provides professional lawyer services. If you have any related legal questions, please consult online.