What is the company s major risk? Criteria for judging major risks of enterprises

Legal Analysis: Enterprise Risks: 1. Policy Risks.

That is, risks caused by national policies, wars and other factors; 2. Market risk; 3. Financial risk; 4. Legal risks; 5. Team risk. i.e. core team issues, as well as associated risks such as employee conflict, attrition, and knowledge management.

Legal basis: Company Law of the People's Republic of China

Article 16 The company's investment in other enterprises or the provision of guarantees for others shall be resolved by the board of directors or the shareholders' meeting or the general meeting of shareholders in accordance with the provisions of the articles of association; Where the articles of association of the company stipulate a limit on the total amount of investment or guarantee and the amount of a single investment or guarantee, it shall not exceed the prescribed limit.

If a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the general meeting of shareholders.

The shareholders provided for in the preceding paragraph, or the shareholders under the control of the actual controller provided for in the preceding paragraph, must not participate in the voting on the matters provided for in the preceding paragraph. The vote is passed by a majority of the voting rights held by the other shareholders present at the meeting.

Article 17 The company must protect the legitimate rights and interests of employees, sign labor contracts with employees in accordance with the law, participate in social insurance, strengthen labor protection, and achieve safe production.

The company should adopt a variety of forms to strengthen the vocational education and on-the-job training of the company's employees and improve the quality of employees.

Legal analysis: 1. Policy risk: refers to the impact of changes in national policies on industries and products, macroeconomic regulation and industrial policy guidance.

2. Market risk: refers to whether the company's products are marketable in the market, whether there is market competitiveness technology, quality, service, sales channels and methods, etc.

3. Financial risk: refers to the capital structure, asset-liability ratio, receivables and cash flow problems caused by difficulties and even bankruptcy due to poor operation and management.

4. Legal risk: It is due to the carelessness of signing the contract and falling into the contract trap, resulting in serious economic losses of the enterprise, breach of contract, fraud, and infringement of intellectual property rights.

5. Team risk: refers to core team problems, employee conflicts, attrition and knowledge management.

Legal basis: Article 5 of the Company Law of the People's Republic of China Company obligations and protection of rights and interests, the company must comply with laws and administrative regulations, abide by social morality and business ethics, be honest and trustworthy, accept the supervision of the public and assume social responsibility. The legitimate rights and interests of the company are protected by law and are not infringed.

Legal analysis: Formulate standards according to the production characteristics of the enterprise.

Legal basis: "Work Safety Law of the People's Republic of China" Article 20 The necessary capital investment for the production safety conditions that the production and business operation entity shall have shall be guaranteed by the decision-making body, the main person in charge or the individual investor of the production and business operation entity, and shall be liable for the consequences caused by the insufficient capital investment necessary for production safety. Relevant production and business operation entities shall, in accordance with the provisions of the extraction and use of production safety expenses, specifically for the improvement of production safety conditions.

Safety production expenses are included in the cost. The specific measures for the extraction, use and supervision and management of production safety expenses shall be formulated by the financial department in conjunction with the production safety supervision and management department after soliciting the opinions of the relevant departments.

According to the different risks, it can be divided into external risks and internal risks.

1) The external risks of the enterprise include: customer risk, competitor risk, political environment risk, legal environment risk, economic environment risk, etc.;

2) The internal risks of the enterprise include: product risk, marketing risk, financial risk, personnel risk, organizational and management risk, etc.

Based on the production and operation activities of the enterprise, the enterprise risk assessment is carried out, mainly to assess the internal risks of the enterprise, taking into account the external risks of the enterprise.

Generally speaking, the risks of enterprises mainly include: market risks, such as market risks with too many variables, market mutations, artificial segmentation, intensified competition, inflation or deflation, etc., which lead to a decline in consumer purchasing power, which will have a certain impact on the enterprise; Product risks, such as risks caused by the improper development of new products and service varieties developed by the company, or problems or defects in product quality. Article 3 of the Company Law of the People's Republic of China:

The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property.

1. What are the responsibilities of the legal person of the company in China?

Article 3 of the Judicial Law of the People's Republic of China stipulates that the liability of a corporate legal person to the company:

The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Article 61 of the Civil Code.

Paragraphs 2 and 3 stipulate that the legal consequences of civil activities carried out by the legal representative in the name of the legal person shall be borne by the legal person.

The legal person's charter or the legal person's authority body's restrictions on the legal representative's right to represent must not be opposed to the bona fide counterpart.

2. What should I do if the company goes bankrupt and its debts?

According to the provisions of the Company Law of China, the company is a legal person organization, and the civil liability of the company should be borne by the company's capital contribution, so the debts after bankruptcy are repaid by the company's assets. Article 3 of the Company Law of the People's Republic of China stipulates that a company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property.

The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Company Law of the People's Republic of China

Article 2. For the purposes of this Law, the term "company" refers to a limited liability company and a stock company established in China in accordance with this Law.

Article 3. The company is an enterprise legal person, has independent legal property, and enjoys the property rights of legal persons. The company is liable for the debts of the company with all its property.

The risk of the enterprise has policy risks, and the country's macroeconomic regulation and industrial policy guidance have a significant impact on the development of the industry. According to the relevant laws and regulations, enterprises also have financial risks, that is, the risk of company failure due to poor management.

Article 3 of the Company Law A company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company shall be liable to the company to the extent of the amount of capital they have subscribed; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Article 4 The shareholders of the company shall enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law.