Enterprise how to use the law

 Hello everybody!
Very pleased to have the opportunity to learn from friends and members of the business community in the international financial crisis, the legal environment of business risk prevention this topic, I called the company the subject of today's speakers how to use a lawyer. Today's discussion to enable enterprises to understand to the new economic situation and the environment, how to choose their own characteristics based on their own professional needs of lawyers, and lawyers to change the past, stop-use, and changed to adjust the operation of modern business usage patterns of lawyers, so lawyers really participate in the core business as a preventive measure, protect, so that legal services truly be productive, not only for corporate rehabilitation, but also to create real value for the enterprise.
the establishment of modern enterprise system, many companies realize that a lawyer the importance of legal services, lawyers and even the quality of services has been with the image of the city's leadership and closely linked. shortly before the Davos forum, held in the city to build Dalian into an international shipping center of Northeast Asia seminar, not few international experts to directly question the level of legal services, legal services that reflect a level of social services in urban and regional levels, to a certain extent, the regional implications of the decision of a city and in a certain region of the leadership. This shows that at the international level, the demand for legal services is widespread and necessary, especially in the foreign business, is often required. a foreign enterprise to a judicial system, ethnic habits, cultural traditions are very strange environment to invest, he first think of is the need for services of a lawyer, thought the city attorney services in the shortest time will get rid of his confusion and inability to adapt as quickly as possible into the local community, this is a very widespread international demand. and the Law on Enterprises need to understanding, but also increasingly subject to the attention of domestic enterprises, but by the traditional concepts, the current use of business lawyers are often limited to adversarial litigation model to provide legal services for enterprises, the problem is the headaches often treat the head, feet pain the disease, the impression of business lawyers also remain in the proceedings, the lawyers are basically around the winning criteria, namely, contrary to the needs of enterprise development. Therefore, a clear corporate lawyers in the establishment, development, management and other aspects of the irreplaceable role, clear that the enterprise should be operated in its production and what part of the help of a lawyer to help clear this help What form should be, and how to maximize the value of the embodiment, lawyers will make clear how the service business for maximum productivity, and how the legal services is the company most in need.
I. domestic and international economic exchanges in increasing awareness of lawyers in the important role of business, but must see the current in the business world there is still widespread misunderstanding of the lawyers know. One of the most common understanding of the role of lawyers there are two: One is a litigation lawyer, I can solve the arbitration and litigation, settlement occurred in the business of labor, credit and debt and other disputes; Second, lawyers can do corporate counsel in the ordinary course of business and need to be drafted if there are contracts modify the major decisions related to legal issues can consult a lawyer. This is currently the most lawyers and even the main business of understanding, so very universal. From the above situation, whether litigation or legal advisers are reflected in the fire, Some enterprises even the impression of lawyers only remain in the proceedings, the lawyers are basically around the winning criteria, namely, contrary to the needs of enterprise development.
2, legal services to meet the business needs of traditional enterprise
legal services that the traditional scope of work includes legal counsel contract checks, staff training, credit and debt liquidation, provided legal advice, on behalf of the negotiations and so on. With the deepening of China's reform and opening up, especially in China's accession to WTO, the scope and manner of the traditional services have failed to meet the needs of consultant unit. enterprises to the healthy and orderly development, need lawyers including corporate asset operation and integration, business rules and corporate culture in the legal framework for the design of corporate law to establish the risk prevention system, corporate legal affairs of special legal risk analysis, the provision of relevant laws and regulations and analysis, or even business between investors, investors and management design, and so the legal framework between the higher level, more comprehensive legal services. by lawyers provide comprehensive legal consultancy services to enhance the competitiveness of enterprises, help enterprises long-term development, legal environment conducive to the improvement of the entire industry.
3, the current business use of several lawyers Cheng misconceptions to be corrected as firefighters

the lawyer mentioned above, the lawyer as a fire members, businesses where the problems, and let the lawyers to remedy where it is. We all know that the emergence of firefighters had reached the fire means you can no longer controlled the extent of business, firefighters had time may be less loss of business that do not come loss of time may be a little more, even all burned, firefighters will leave after the fire to save completed, the remaining one hundred thousand wounds, the site only by your own to deal with business. At this time the loss of business has been irretrievably lost, while enterprises to spend more human and financial resources and time to repair, to decorate, to re-building, then a big mistake has been cast, too late.
may present some entrepreneurs do not agree with me view: still a lawyer, you say is not comprehensive, or that you say is a relatively poor level of lawyer, we can be turned on after the fire Well, we can claim that we can pursue infringement and breach of contract, and even we can litigation has been the greater good. Here I do not deny the fact that there is indeed some very good companies through litigation to maintain its own interests, even while in the recovery of the principal, received the fruits, but we should not forget timeless truth: money transactions and fight off a lawsuit, a large number of corporate financial losses, people are physically and mentally fatigued; second drain your development, we move forward when you are standing still or even back in, even if you can take care of development, you is carrying a burden on the road; the third drain your goodwill, your management peers will think is a problem, or even that your credit is questionable, so stay away; and your customers inherent in the Chinese thinking, always sympathetic to the weak or anti-thinking, no matter how you explain your reputation will be greatly reduced, often playing Yingleguansi business, but the loss of the customer and the market of China's most famous late .90 Hengsheng computer case is a typical example. This is why the world's leading Jewish Commercial Code in a firm is not the root of a lawsuit.
the lawyer as a corporate image of the vase
This is especially widespread in the last century, is also in abundance. enterprises to legal services lawyers enterprise as accessories, vases it as business, but the identity of a modern corporate image. So, you see, my business sense with modern enterprise Yeah, I have a lawyer Yes; or when something, not thinking about how to face, but first a shield law, symbol of modern and modern management to show off. This phenomenon is particularly sad, so entrepreneurs at least in the consciousness that he knew the importance of lawyers, that lawyers indispensable in the modern enterprise system, that he peripheral lawyers because he has their admiration, but his practice is enterprises generate productive.
the law as a universal plaster
quote another misuse of the concept of law and the exact opposite, that is, companies rely too heavily on lawyers, the lawyers of the plaster as a universal, where no comfortable to stick there, which is undesirable.
I am a lawyer, very much like friends of the business community to pay full attention to my advice, put me in a very important position, which both industry and individuals The advances are worth the wait, but we must see the expert legal services lawyer is not Know, though some of our areas of expertise, in addition to legal services and even the direction of the very sophisticated to make a very good business suggested that this is because we may have access to cutting-edge industry areas, the industry may be from exposure to a large number of failures in the summary of some experience, and these areas and experience in the industry is very professional and rare. But we should not forget industry specializing in How to use the lawyers that we entrepreneurs have to judge, and rely too heavily on lawyers, also appear to form wrong judgments depend, layman leadership is also not desirable.
Second, is has been used as a kind of costly to produce productivity?! will enable enterprises to master the industry rules, to maximize the reduction of costs, gain more benefits.
must see that our country is still in the stage of development, our legal system is not perfect, in many cases is often an area manifestations of the law is complicated, both state law, and have the State Council and the administrative regulations of the ministries, provinces and municipalities also have local regulations, and in the current context of the international market, but also must know international practice and industry practice, we often have to study various international agreements, rules, conventions and so on and so on, if not the business at a loss, but also make it difficult for enterprises accurate knowledge. and in this case, the role of lawyers is often very important, taking the time to Chou Chien, master the rules detailed industry for companies looking for shortcuts, to provide the most direct and most personal service is a lawyer must be done. of law and the most accurate interpretation of the rules, often directly generate productivity. Many examples in this regard, the following cite a few examples:
tax system design
China's tax laws are very complex, even a regulatory department in the Inland Revenue Department is also difficult for a person These provide accurate advice on sensitive issues, because a lot of conflicts of law, the design rules are complex. This often leads to tax companies can not accurately grasp the skills and rules, while in China really can fully grasp the financial enterprises and trade tax officers are rare , and if looking for a detailed analysis of legal counsel, the most economical design for the enterprise tax system will tend to significant cost savings for enterprises. that tax system design may be a bit professional, but to say which reflects the economic and save tax evasion, tax evasion and the difference between reasonable tax avoidance, we will understand easily. So I will not expand on this in detail. Here I cite only one instance in 2007 when we as a world's second largest shipbuilding company as a legal adviser, the company There is also a boat shipbuilding segment manufacturing and exports, while the two operations belong to the group under the two companies, the products are all exported .08 basic adjustment of the export tax rebate on the national policy of export tax rebate rate adjustment segment to 14% and the entire ship remained at 17% of exports, in this case, we have to grasp the policy recommendations to the enterprise segment does not directly export, but in the domestic supplier to the shipbuilding and ship assembled through the entire ship after export tax rebates in the form of export share, so 14% of enterprises had to adjust the tax rebate due to enjoy a concessionary tax of 17%. We all know the value of a ship often as high as several billion dollars, a difference of 3% will generate much revenue it?! so lawyers will have made evidence-based productivity.
an accurate grasp of policy, the policy tends to benefit directly
many preferential policies for Chinese tax laws, tax laws are often not reflected in the specific It is reflected in various provisions of the State Administration of Taxation, notification and approval of, and often such regulations almost every month, the state is not in the form of red tape to remind you, only companies themselves to control. In addition, the state provides tax incentives do not necessarily have the conditions you are bound to enjoy you, but subject to conditions, you have to apply before you can enjoy the relief, such lessons may have been entrepreneurs here common occurrence, so the master of policy is an essential element of companies to reduce costs, while reducing the cost of business is to increase efficiency.
present, the country's foreign exchange reserve is too large, the state strongly support the enterprises to go, the recent years of state efforts to support this is great, and timely and accurate grasp of policy trends, will be fighting for greater benefits for the enterprise, the enterprise will bring better opportunities for development. such as the current overseas mergers and acquisitions, such as Taiwan is currently open to Taiwan AKEFA have to be signed to mainland enterprises will be a historic opportunity to see how you interpret and grasp.
in the current international context of the financial crisis, the state introduced a large number of in all sectors, the revitalization plan, which contains a large number of industry incentives and supportive policies, the state prepared a large number of loans, technological capital, production and sales channels, subsidies and discount policy, the accurate interpretation of the situation, companies can fully direct access to funding and policy effectiveness. One might ask, , but also the golden rain in some areas. And out of gold pie on the premise that lawyers and accurate grasp of information to analyze and judge. Our law firm Blue City a long time, adhere to the policy of monthly customers sort out the legal information and analysis, a large number of customers benefit from it. cite a simple example, we all know, after a unified income tax law, foreign-invested enterprises offer free two minus three, there is no, but the state in order to set the time limits of a smooth transition and the transition period, This resulted in the January 1, 2008 and entered China's enterprises are facing ���}���� situation, when the requirement is that and enjoy the low tax rate, according to the State Council may, after enforcement of this Law within five years, a gradual transition to the rate prescribed in this Law; enjoy regular tax holiday, by the State Council, you can continue to enjoy after the implementation of this law filled up, but profit and yet not to enjoy the preferential benefits for the period from the year implementation of this Law shall be calculated. the law set the development of foreign economic cooperation and technical exchanges within a particular region, and the provisions of the State Council, these areas have been areas of special policies within the newly established national priority support high-tech enterprises may enjoy transitional preferential tax treatments, the specific measures by the State Council. countries have encouraged other companies to determine, in accordance with the provisions of the State Council, enjoy tax exemption and reduction. PRC government and foreign The Government entered into a tax agreement with the relevant provisions of this Law, in accordance with the provisions of the Agreement apply. timely delivery of the policy information we have is that many customers can quickly conclude the negotiations in a timely manner with the government to obtain foreign investment agreement and an important reason for the certificate of approval, and timely services and our policies to make sure the correct number of foreign customers to catch the foreign Preferential tax rates the last train, where I also made from 2006 to 2008 during the beginning of the field of foreign service has made unprecedented achievements, this period, only our participation in negotiations by the government to introduce foreign investment reached 1.8 billion U.S. dollars.
2 , a qualified lawyer for the company by providing a full range of legal services to enhance their ability to resist the legal risks and competitiveness, thereby improving the investment environment.
As noted above, a qualified lawyer can provide enterprises with operations and corporate assets, including integration, business rules and corporate culture in the legal framework for the design of corporate law to establish the risk prevention system, corporate legal affairs of special legal risk analysis, related to the provision and analysis of laws and regulations, and even between business investment, investors and management of the legal framework between the higher level design, etc., more comprehensive legal services. by lawyers provide comprehensive legal services for businesses, effective against a business risk, and enhance the competitiveness of enterprises is conducive to business long-term development, legal environment conducive to the improvement of the industry to improve the investment environment of the industry, and improvement of investment environment will have Zhuchaoyinfeng role and can better attract more customers to invest in Dalian, so that enterprises the interests of the infinite zoom, unlimited opportunities for more.
3, good lawyers played in creating the field of legal gaps in the rules, the role of maintaining the good implementation of the rules for our legal system play a useful complementary role.
Since China special legal and political development road with the current status of economic transition, making China's legal system is not perfect, there are a large number of laws and regulations lag phenomenon. For many of the market mechanism in the relations of production, the existence of legal gaps in existing laws or conflict, The situation in emerging industries or advanced enterprise management mode of operation is more obvious. the serious constraints to improve the investment environment, if not properly handled, will cause investors to have funds are not invested, attracting people who need money can not introduction. This is why I mentioned above, Japanese experts will be shipping center in Northeast Asia, the seminar raised the issue of Dalian's legal services. In this case, the best lawyers in the country within the scope permitted by applicable law, investors and foreign capital through the legal relationship between human design, the signing of legal documents play in the creation of legal rules within the scope of the role. so that investors and foreign capital were only what they need, and compliance with the law, it is important to ensure both sides the legitimate rights and interests. Of course, even the best legal framework are bound to appear violation of rules of behavior. At this point, lawyers can play a role in maintaining the rules to protect the investment order. Therefore, a good lawyer can create rules, rules to improve maintenance the attractiveness of foreign capital enterprises, increase investor confidence and improve the soft investment environment. a good environment while also promoting the growth of lawyers, so that a considerable part of the growth of qualified lawyers, good lawyers, the two promote each other, will make the soft investment environment in Dalian virtuous cycle. lawyering the overall development level is the level of legal civilization symbol is a symbol of Dalian enterprises mature, mature market, will only foster a mature legal services. any case, the lawyer the improvement of services can not exist from the development of enterprises.
three, some years, whether or developed areas of foreign investors, an investment study, the study of the legal environment gradually increase the degree of attention. Some sophisticated investors will examine the legal environment factors as an important factor in investment. which of the invested enterprise or the legal awareness of the project leader and whether the project or business lawyers, law used as the level of the factors investors. Therefore, lawyers in practice, the soft investment environment has been used as indicators of a test . This fully confirms the level of the overall development of lawyering symbol of high and low degree of legal civilization. China has entered the legal community, more and more enterprises begin to have their own lawyers, but lawyers how to use the remaining business in many errors:
1, unavoidably, to counsel for approval as a business process ---- enterprises to use the law to be accurate positioning
enterprises will tend to think that as a corporate counsel lawyer can not put a variety of large and small law-related events to the lawyer's desk heap. How to do business counsel? which became placed in front of every Chinese Counsel problems. According to our experience, the legal business to do well consultants, lawyers should first put on the position. legal advisors are not internal staff or managers, not clock Qiye imprisoned for enterprises, they should be relatively independent, is the within the brain. awareness; second is the and then time to meet with lawyers to present issues about the background, and then set aside to give lawyers time to study a week, another meeting, and then ask questions, to organize material, Again. efficiency is very low, it may also be delayed. in the treatment process, enterprises will become a business lawyer to see the work of an internal approval process, rather than a process of independent consultants, with the result unsatisfactory.
2, but yes, only I's lead lawyer ---- enterprises should ensure that the relative independence of lawyers
improper use of business performance is another asked the Legal Adviser obey. Some corporate executives act on impulse, the lawyer passively bossed, that since the money, the lawyer should be followed the lead The boss lost professional consultancy services of lawyers, lost to delay the application procedure, organization counterclaim, the new negotiations, otherwise the opportunity to prosecute and other solutions. And even more frightening is often impossible task that will generate a lot behind the the cost of illegal, often breed corruption and crime, not only failed to companies to reduce losses, increase economic efficiency, but the company dragged into the whirlpool of a greater danger, whether from business or law that the angle is a failure. < br> Given this situation, lawyers must In order to give up their legal fees for independent advice. to give up their status of an independent consultant to give up the result is actually the value of their services, this not only reduces the eyes of their managers in the enterprise as an expert, but also would companies the development of damage, and ultimately by corporate managers unceremoniously --- enterprises must let outsiders into the company's core
law as a corporate lawyer, to provide high quality legal services to industry of the enterprises can not be the outsider does not understand the basic technology and business processes, do not know characteristics and rules of the industry can not provide a full range of services for enterprises.
same time, enterprises are not able to counsel as an outsider, if the lawyers out of the core secrets and major decision-making, business risk can never be substance prevention and treatment. counsel is to further all aspects of business management, master the facts, and can address the problem, make appropriate legal solutions. we all know, is the basis to solve the problem as much as possible to master material, legal issues solution is no exception. As the saying goes, method of legal services. as a corporate legal adviser, lawyers to keep abreast of relevant laws and regulations and customer developments, keep abreast of developments in the enterprise business, including all the facts material to grasp the enterprise, while at the enterprise associated with the investigation under factual material, made by counsel to obtain legal advice on due diligence of all relevant material before it can realistically make the law their own conditions for enterprise solutions.
part in the proceedings, many lawyers complain that the parties in some of the key issues of their own ; tight-lipped, the eyes, because he expected the legal fact is not within, both in the preparation of laws and regulations or the terms of the organization have not been closely considered, hasty defense is certainly not conducive to the parties, can only bite the bullet on the last minute. This is a common phenomenon in China. lawyers are a special kind of occupation, they practice the parties to understand the process of many commercial secrets or personal privacy, which requires they have a higher than the average person's Industry moral bottom line is that with the simple words say: neither proliferation of communication, we can not expose, but the parties can not hold that against blackmail. But China's legal profession is still moving stage, and as China's market economy, is facing a The bottom line broke, and this is the fact that companies and lawyers in the provision of the law, the management of lawyers, injury lawyers to strengthen the penalties for the interests of the parties, the establishment of the principle of avoiding conflict of interest, this is the phenomenon of legal regulation.
we say here, the choice of businesses and lawyers is mutual , mutual recognition, mutual trust is a process, and confidence-building, the establishment of stable relations of cooperation is the enterprise willing to let lawyers into the core, the real fundamental role to play lawyer.
4, emphasis lawyers legal risk assessment and prevention the role of lawyers by assessing and
management system, targeted to help enterprises to establish assessment of legal risk identification, control, monitoring and resolving system engineering, the establishment of sound corporate legal risk prevention mechanism is the production, management, administration and other aspects of a comprehensive, integrated legal mechanism to monitor and control the process of discovery through the practical issues and feedback continue to improve and perfect, and gradually optimize the legal risk prevention system setup and operation process, production and management for the enterprise provide better legal environment an important way.
are skilled in medicine, in the end, a medicine which is the best? it? brother cures the disease just at the time of attack. Most people think that he can only treating minor illness, so he is only in our village was famous. And me, I treat a medical treatment in when a serious condition. Most people I see are meridians on the needle tube to remove blood, the skin dressing and other major surgery, so they think that the wisest of my medicine, it reverberates nationwide fame. ; you very well said. noise when the world may be part of our risk assessment and prevention of the complete failure of counsel. Although never too too late, however, remedial, after all, is to pay a higher price. lack of knowledge of legal risks, the lack of legal risk prevention consciousness, ranging from enterprises died, while in their own lawsuits executives, even behind bars. even if we are back to the days when the skilful hand, does not help, so the core of the legal risk prevention mechanism is preventive measures.
It Statistics: China's private enterprises, the average life span of only 2.9 years, about one million Chinese each year bankruptcy of private enterprises, 60% of enterprises will be bankrupt within 5 years, 85% of enterprises will die in 10 years, can survive more than 3 years companies only 10% of large enterprise groups, the average life expectancy of only 7.8 years. of which 40% of the enterprises in the entrepreneurial stage to declare bankruptcy. In China, there are 2,740 business failures each day, an average of 114 bankruptcy every hour, every minute, the two bankruptcies. Japanese companies, the average life expectancy of 30 years, is 10 times; U.S. corporate average life expectancy of 40 years, 13 times for China.
Western developed countries, average life is our business ten times, several times, leading to such consequences, many reasons, but with Chinese enterprises generally lack the legal risk prevention awareness, lack of standardized, high-quality legal services is also an important reason. we all know, the developed countries Large enterprises are generally positive to take the standard legal risk prevention measures. With the deepening globalization, Chinese enterprises are facing more and more at home and abroad, more complex legal risk, but most of the entrepreneurs of the law the threat of the risk is still not given enough attention, this is where we are more worried.
preventive measures, it seems more like a slogan, the real sense this business managers in China can be described as But, as Marx said: