How to do a legal risk examination for a company

Generally speaking, the entry point of legal counsel is the legal risk point of the enterprise, and then the risk prevention plan for the enterprise is proposed for the legal risk point to build a risk prevention system.

Enterprises are most likely to have disputes in the areas of enterprise establishment, contract management, labor and employment, external financing, external guarantees, intellectual property management, trade secret protection and respect for grandchildren.

Different types of enterprises generally have different legal risk points, it is recommended to find a professional law firm, Chongqing recommends Chongqing Kunbo Law Firm, they are the designated legal examination service station of the National Alliance of Small and Medium-sized Enterprises (similar to the designated point of medical insurance).

The methods of legal risk examination of enterprises include but are not limited to questionnaires, review of written materials provided by enterprises, ** inquiries, on-site interviews and investigations, etc.

The legal risk examination of enterprises refers to the scientific investigation, analysis and evaluation of the whole or part of the enterprise on a regular or irregular basis through a professional legal risk management service organization, discovering potential legal risks and their characteristics, and proposing effective control and management of legal risks, so as to provide decision-making basis for enterprises to reduce and avoid the occurrence of legal risks.

The legal medical examination process of the enterprise includes:

Communication and negotiation between the two parties - Determine the scope of risk examination - Sign the risk examination service defense agreement - Prepare the risk examination plan - Fill in the risk examination questionnaire - Conduct visits and investigations as needed - Collect information, analyze and evaluate - Prepare a preliminary legal risk investigation and analysis report - Internal review - Submit a formal report.

The legal risk examination items of enterprises are divided into special physical examination and comprehensive physical examination.

The special physical examination mainly includes corporate governance, contract management, brand protection, patent protection, mergers and acquisitions, investment and financing, tax planning, labor relations, enterprise listing, investment and financing and other modules, for enterprises to choose according to their own needs.

If the enterprise has legal risks that cannot be included in the above modules, the enterprise can choose a comprehensive medical examination. Comprehensive risk examination is a service model in which Zhiwei lawyers conduct a comprehensive physical examination of all possible legal risk areas according to the actual situation of the enterprise, including:

How to discover the various risks of the enterprise through physical examination.

A set of scientific test questions, combined with various survey materials and information, as the basis for evaluation, in accordance with the requirements of enterprise legal risk management, combined with our research on enterprise legal risk management, to analyze, identify and evaluate legal risks, find out the corresponding legal risk points, and distinguish and judge their relevance and complexity, and draw corresponding preliminary conclusions. Subsequently, the preliminary conclusions will be reviewed more than twice, and on this basis, the final conclusions will be carefully issued.

The level and characteristics of the legal risk examination of the enterprise.

According to the fineness and cost of the physical examination, as well as the exhaustiveness of the treatment plan, the physical examination is divided into two levels, primary physical examination and advanced physical examination.

The primary physical examination is mainly to complete the analysis and identification of legal risks through questionnaires, ** inquiries, review and submission of materials, etc., and form a legal risk physical examination report.

The senior physical examination completes the analysis and identification of legal risks through questionnaire surveys, ** inquiries, detailed review of submitted materials, field investigations, etc., and puts forward governance opinions to form a legal risk physical examination report.

The primary risk examination report is only a preliminary legal risk examination conclusion for the enterprise, just like a routine physical examination of the person; The high-level risk examination report means a more in-depth and comprehensive identification and assessment of the legal risks existing in the enterprise. The conclusions drawn from the senior risk physical examination report will be more detailed, and on the basis of detailed analysis, the corresponding legal risk management plan will be proposed.

What should enterprises do after conducting a legal risk check-up.

After the enterprise has conducted a risk physical examination, it can carry out legal risk management work according to its own actual situation, which can be completed by the full-time legal personnel of the enterprise, can be completed by the enterprise's prudent legal counsel, or can hire a professional legal risk management institution to carry out risk management.

"The upper medicine treats the disease that is not sick, the Chinese medicine treats the disease that wants to be sick, and the lower medicine treats the disease that has already been sick".

Through the physical examination of corporate legal risks, we help enterprises to actively discover and understand the existing legal risks, and assist enterprises to take active preventive measures, so as to achieve the role of "prevention before it happens".

In terms of the types of legal risks, they are mainly embodied in: criminal liability, administrative liability, civil liability, etc.

From the perspective of the consequences of legal risks, they are mainly reflected in: loss of business opportunities, loss of economic interests, damage to business reputation, loss of business qualifications, etc.

Different enterprises face different forms of legal risks at specific stages and under specific environmental conditions.