The significance of corporate legal advisors to enterprises

The significance of corporate legal advisors to enterprises

Introduction: The work of corporate legal advisors should run through all areas of enterprise operation, from the establishment, operation to termination of the enterprise, from the company's articles of association, From partnership agreements to corporate systems and external negotiations, legal advisors should play an important role in standardizing construction and preventing risks. The following is the content related to the significance of corporate legal advisors to enterprises that I have compiled for you. It is for reference only and I hope it can help you.

The significance of corporate legal advisors to enterprises 1

Lawyers serve as corporate legal advisors, providing prior advice, in-process monitoring, and post-event remediation for the company’s operations and management, so as to maximize corporate interests. . However, in real life, many companies have not developed the awareness to hire lawyers as permanent legal advisors. They only think of hiring lawyers when the company encounters lawsuits. As a result, the role of lawyers is limited to helping companies with lawsuits and acting as "firefighters" to solve temporary problems. need. The role of a lawyer is far more than just helping companies fight lawsuits! The Art of War says, "Kill an enemy a thousand times and lose yourself eight hundred." Litigation is not the best way to resolve disputes. The best way is to nip it in the bud, reduce or even Avoid disputes. Corporate legal counsel plays exactly this role.

Just as only businessmen, not lawyers, can find business opportunities and profits through dust and fog, similarly, only lawyers, not businessmen, can discover legal loopholes and legal traps in the daily operation and management of enterprises. Instead of hiring a lawyer to act as a "surgeon" when the company is in trouble, it is better to hire a lawyer as soon as possible to become the company's "health doctor."

For a company, the risks from the law are sometimes far greater than the risks from the market, because seemingly small negligence may have to be compensated at a heavy price. No matter how big your business is or how well-funded it is, success or failure can happen in a matter of seconds. To a certain extent, ignorance of the law is equivalent to being in trouble with one's own wealth. With the further improvement of the rule of law in China, in order to reduce legal risks in operations as much as possible, a legal consultant is increasingly recognized by the majority of enterprises. Its significance is as follows:

1. Improve the internal operating mechanism of the enterprise.

For an enterprise to operate reasonably and develop normally, it must have a series of sound operating mechanisms. The managers of the enterprise may be experts in operations, so they are very good at reward mechanisms, etc., but for Internal risk prevention may not be so good.

For example, the management mechanism of some companies’ official seals and contracts is not sound, many people have the opportunity to use it, and the content of contracts signed by employees is not monitored. In the end, when employees are transferred or have conflicts with the company, once the previous If the work handover is not serious, there will be problems in the performance of the contract, and there may even be cases of using company management loopholes to unite with third parties to harm the company's interests. Such cases are already numerous. Under the current legal mechanism, many companies have suffered losses.

2. Participate in negotiations, review contracts, and warn of risks in daily operations.

If a company wants to survive and develop, it must continue to have transactions of one kind or another with the outside world. These transactions are determined through negotiation and signing of contracts. And this process is a process in which the rights and obligations of both parties to the transaction are waxing and waning. These rights and obligations include the interests of development, but sometimes there are also traps and crises of this kind. With the development of the legal system, when signing a contract, as long as the contract does not violate the law, sometimes even if it is unfair, the judge will not correct it because it is "a contract you signed yourself" and "you should have a sufficient understanding of your rights and obligations." ". Therefore, it is increasingly important to check and review the legal aspects of the contract during this transaction process.

3. Analyze legal risks and legal operations in company alliances, mergers, spin-offs or investments.

When a company develops to a certain level, it will always reach a new level of development through changes in company form. Possible forms include joint ventures, mergers, spin-offs or investments. No matter which way, it is different. A single transaction involves the company's next development direction and may also use a large amount of the company's funds. Due to the lack of risk awareness, sometimes the company's interests will be seriously damaged, and it may even fail to recover.

Some companies acquire shares of other companies through the introduction of others, without professional evaluation of the company’s current assets. They only listen to the introduction’s words and sign a share transfer agreement, only to later discover that the company’s actual assets are not that high. Or, although certain evaluations and inspections have been carried out, the acquired company survives because of one business, but important customers are in the hands of a certain person. Once this person transfers the customers, the company will lose the opportunity for development. , can't even survive.

4. Serve as an agent of the enterprise, participate in mediation, arbitration or litigation activities of contract disputes and other legal disputes, and safeguard the legitimate rights and interests of the enterprise.

In the current market environment, it is as impossible for a company to completely avoid being involved in litigation as it is to avoid eating fireworks in the world. Moreover, the best legal advisor cannot ensure that a company will not be subject to litigation. It can only be said that if the company and its lawyers cooperate properly, they can legally seek maximum legal benefits for the company.

To sum up, the role of corporate legal advisors in participating in corporate decision-making, operation, management, prevention and handling of various legal disputes will become increasingly important. Enterprises must pay attention to it if they want to develop better. The role of legal counsel. Many larger companies will establish specialized legal departments and include legal advisors in the decision-making level of the company. Of course, for many small and medium-sized enterprises, a dedicated legal department is not needed yet, but this content of legal advisory services still needs to be taken seriously. The significance of corporate legal advisors to enterprises 2

The job responsibilities of corporate legal advisors are mainly reflected in the following aspects:

1. Participate in drafting and reviewing corporate regulations and rules

< p>Corporate regulations are various rules, regulations, and procedures formulated within an enterprise for management activities such as production, sales, and services. Corporate rules and regulations are a comprehensive reflection of corporate culture, management methods, and management levels. Modifying and reviewing corporate rules and regulations is one of the important tasks of corporate legal counsel. When reviewing enterprise rules and regulations, we must first ensure their legality, that is, the management functions, management content and management methods prescribed for the enterprise must comply with national laws and regulations.

When reviewing corporate rules and regulations, attention should also be paid to their practicality, standardization, and coordination.

2. Participate in major business decisions of the enterprise

Major business decisions of the enterprise are the major issues in the business activities of the enterprise, such as capital management, product development, marketing, etc., according to the prescribed authority. and decisions made by the program.

Corporate legal advisors participate in major corporate business decisions mainly to ensure the legality and feasibility of the decisions. Its functions are:

(1) Ensure that decisions have a reliable legal basis, are made in accordance with the law, and will not violate the law, thereby avoiding legal risks in decision-making;

( 2) Ensure that the rights granted to enterprises by law are fully reflected and maximize the legitimate rights and interests of enterprises in economic activities;

(3) Ensure that decisions are not only legally feasible, but also the best solution, and are legally binding Most conducive to the realization of decision-making goals;

(4) Provide effective legal protection measures for the interests that enterprises should obtain in economic activities to prevent being deceived, avoid being unfair, and avoid dispute.

There are four main ways for corporate legal advisors to participate in major corporate business decisions:

(1) Participate in decision-making meetings. Participating in decision-making meetings is an activity in which corporate legal counsel participates in various decision-making meetings of the company as a formal member or as a non-voting person in accordance with relevant industry regulations or the requirements of corporate leaders. The main tasks of corporate legal advisors participating in corporate decision-making meetings are: to provide systematic and comprehensive legal opinions on decision-making issues, and to have legal basis and analysis and demonstration; to provide answers and explanations to legal questions raised by leaders or meetings at any time; to participate in decision-making Analysis and discussion of the problem. Before participating in a decision-making meeting, corporate legal advisers should understand the topic of the meeting and related situations and be prepared. In particular, they should be familiar with and master the relevant laws and regulations. At the meeting, they should carefully listen to and analyze other people's opinions and put forward legal opinions and plans.

(2) Provide consulting opinions to corporate leaders in decision-making. When business leaders make certain decisions, corporate legal advisors are required to provide oral and written opinions or plans from a legal perspective.

Mainly accomplished:

First, conduct legal analysis and argumentation on issues raised by business leaders and provide timely and clear answers;

Second, although business leaders have not raised any issues However, opinions are provided on major legal issues related to whether the decision is legal and feasible.

(3) Participate in major business decisions of the enterprise by drafting, revising and reviewing relevant documents. During the process of drafting, revising, and reviewing documents, corporate legal advisors should fully understand the background, goals, and content of the decision, put forward correct legal opinions, and reflect them in the document to ensure that the decision is correct and legal, and to prevent the decision or other consequences. Document representation contains loopholes and errors.

(4) Corporate legal advisors take the initiative to put forward opinions and plans. Corporate legal advisors discover major problems in corporate management by participating in the daily business and management activities of the company, especially in the process of handling various economic disputes of the company. After certain investigations and studies, they take the initiative to make suggestions and plans to the company leaders and formulate written documents. opinions that influence the company's major business decisions.

3. Drafting and reviewing contracts

Drafting and reviewing contracts for enterprises’ external economic activities is one of the important tasks of corporate legal advisors. Corporate legal advisors should master the laws, regulations and policies of the country, and be clear about the corresponding policies and regulations of the country in terms of the subject matter, content and subject of the contract to be signed.

The terms of the contract must be drafted in accordance with the relevant provisions of the Contract Law and other laws, regulations and policies, mainly including: the names and addresses of the parties; the type of subject matter; the quantity and quality; the time limit for performance, Place and method; method of resolving disputes and liability for breach of contract; date, place and other contents of the contract.

The review of contracts is mainly to review and check the contracts drafted by various business departments within the enterprise. Corporate legal advisors should conduct reviews from the following aspects:

First, review whether the subject of the contract is legal;

Second, review the authenticity of the contract project;

Third The first is to review whether the terms of the contract are complete;

The fourth is to review whether the quantity, price, quality, settlement method, liability for breach of contract and other terms of the relevant subject matter of the contract violate relevant national laws and regulations;

The fifth is to review Review whether the text of the contract is standard;

Sixth, review whether the procedures for signing the contract are complete.

4. Contract Management

The work of corporate legal advisors in managing corporate contract business should include the following aspects:

(1) Management of power of attorney. The power of attorney for signing a contract is a qualification certificate issued by the legal representative authorizing a business person to sign a contract on behalf of the enterprise. Contract business personnel must undergo strict legal and contract business knowledge training and pass the examination, and must have corresponding business levels before they can obtain a power of attorney. The power of attorney must specify the agent's name, agency matters, agency authority and validity period, and must be signed by the legal representative and stamped with the company's official seal. The scope of authorization of contract business personnel should be determined by the company's legal counsel and submitted to the company leaders for review, and should also be consistent with the job responsibilities of the business personnel.

(2) Management of contract text and contract seal. Establish special contract seal management rules, register and manage the use of contract seals; establish contract management ledgers and statistical reports corresponding to the contract. Corporate legal advisors should create files for contracts drafted and reviewed one by one, and documents, telegrams and charts related to the contracts, as well as legal opinions from legal advisors, should be filed at the same time.

(3) Supervision and inspection of contract management. Supervise and inspect the implementation of the enterprise's contract management system, and promptly stop violations of the system; analyze and study new situations and problems that arise in contract management, and continuously modify and improve various contract management systems.

Supervise and inspect the resolution of contract disputes. When a dispute arises in a contract, the legal advisor should promptly propose a solution, handle it directly or in collaboration with the relevant business departments, and conduct follow-up inspections of the dispute resolution. If any behavior that damages the legitimate rights and interests of the enterprise is discovered, it should be corrected and stopped in a timely manner.

5. Handling legal affairs of trademarks, patents and trade secrets

Application for trademark registration is an important task for corporate legal advisors.

Corporate legal advisors usually carry out this business in two ways:

First, personally represent the company to apply for trademark registration;

Second, hire a special social agency to handle it according to the situation. For internal patent applications, patent transfers and licenses, corporate legal advisors should handle relevant matters based on the actual situation of the company.

Trade secrets are the intangible assets of an enterprise, which have an important impact on the development of enterprises in market competition. Corporate legal advisors should be responsible for the management of trade secrets, formulate rules and regulations for the protection of trade secrets, delineate the scope of the company's trade secrets, determine the rights and obligations of confidential personnel, adopt legal means for preventive protection in normal business activities, and Use arbitration, litigation and other methods to resolve infringements against enterprises.

6. Represent enterprises in handling related disputes

The ways to resolve enterprise economic disputes are usually negotiation, mediation, arbitration and litigation. The main methods are arbitration and litigation. As a corporate legal advisor, you must master the "dispute resolution clause" when participating in or drafting, reviewing, or revising contracts.

In the process of resolving economic disputes between enterprises, corporate legal advisors usually serve as agents of the enterprise to participate in dispute arbitration, litigation or non-litigation resolution.

7. Carry out legal training

One of the basic tasks of corporate legal advisors is to conduct legal training and popularize legal knowledge within the company. The legal popularization work of corporate legal consultants mainly includes the following aspects:

The first is to draft and participate in legal popularization plans and plans;

The second is to undertake lecture tasks; the third is to actively promote the company's legal education Legal practice.

In short, corporate legal advisory work is an inevitable product of the development of market economy. Corporate legal advisory work will play an increasingly important role in promoting the development of modern corporate systems. The significance of corporate legal consultants to enterprises 3

One can provide a strong guarantee for the standardized operation of enterprises

Corporate lawyer consultants have professional legal knowledge and professional skills, and can provide a strong guarantee for the standardized operation of enterprises. Standardized operations provide a strong guarantee. Lawyers must pass the strict bar qualification examination or the unified judicial examination, and then pass the internship assessment before they can obtain the qualification to practice. Compared with ordinary legal personnel, lawyers have more professional knowledge and experience. It is precisely this very professional ability and level of lawyers that can play a strong role in protecting enterprises.

2. Have rich experience in handling cases

Through continuous litigation, arbitration and other agency activities, corporate lawyer consultants have accumulated rich experience in handling cases and the ability to deal with problems. This experience and Ability cannot be obtained directly from books. Instead of trying to litigate the case themselves and gain experience from it, it is better for the company to directly hire a lawyer as a legal advisor and let the lawyer handle it directly.

Some business owners may say that we have our own legal department. It is undeniable that the level of legal staff in some large companies is indeed very high, but compared with the overall level of lawyers, legal staff still cannot surpass lawyers. Because legal affairs focus on serving a certain enterprise, certain aspects are limited. Lawyers have provided legal services to countless parties, handled countless litigation and non-litigation cases, and have experienced hundreds of battles. Whether it is thinking or ability, they generally have It is an indisputable fact that it is much higher than corporate legal affairs.

Three companies can obtain the latest laws and regulations

Lawyers have been constantly learning professional knowledge and mastering the latest legal regulations. By hiring corporate lawyer consultants, companies can receive high-quality legal services and Regarding legislative developments, lawyers will provide various legislative information in a timely manner and provide it to enterprises to help them understand legislative information and developments related to their operations.

Si Neng can help companies control risks

Don’t think of finding corporate lawyers only when you are in litigation, but should control risks in peacetime. Lawyers can help companies establish various legal risk warning mechanisms or systems to nip problems in the bud. Risk prevention is very important for enterprises. Bosses are always trying to avoid various risks, including financial risks, transaction risks, etc., but the most important thing is legal risks. If an enterprise's legal risks are not well controlled, the disaster it will bring to the enterprise will be devastating.

5. Standardize corporate operations, enhance corporate image, and improve competitiveness

Just imagine, if a large company does not even have the standard configuration of corporate lawyers and consultants, how can it be called modern? Enterprise? Therefore, one of the signs of a mature modern enterprise is to have its own team of consulting lawyers.

Six is ??conducive to the long-term development of the company

According to expert statistics, the average lifespan of Chinese companies is seven years, and many companies even close down in less than seven years. Many bosses went bankrupt after running their companies for many years, returning to pre-liberation overnight. Why? Because there is no standardized operation, there are no corporate lawyers and consultants to do risk control in normal times, and there are no corporate lawyers and consultants to help at critical times.

Seven lawyers serving as legal advisors are a need in the era of rule of law

Currently, the government is advocating that all party and government agencies and functional departments should hire lawyers to serve as corporate lawyer advisors to standardize their operations. I believe that no company can surpass the government in terms of standardization, and no company dares to say that it understands laws and policies better than the government. But the government has to hire legal advisors, so why don’t companies hire corporate lawyer advisors? ?In addition to litigating cases, lawyers can also diagnose companies like doctors, discover the crux of the company's problems, and how to prescribe medicines, etc. It can be said that it is an inevitable necessity in the era of rule of law for lawyers to serve as corporate lawyer consultants. ;