企业家法律风险与防范

第一章企业家法律风险与防范概述············································1

第一节企业家法律风险概述·····················································2

一、企业家法律风险的含义············································································2

二、企业家法律风险的特点············································································4

三、企业家法律风险的分类············································································8

第二节构建企业家法律风险与防范体系·································12

一、企业和企业家法律风险··········································································12

二、企业家法律风险防范的重要性······························································15

三、树立法律风险意识，构建企业家法律风险与防范体系······················15

第二章企业设立中的企业家法律风险与防范····························19

第一节违反出资义务的法律风险与防范·································20

一、未履行出资义务的法律风险与防范······················································20

二、虚假出资的法律风险与防范··································································25

三、抽逃出资的法律风险与防范··································································31

第二节隐名出资的法律风险与防范········································37

一、隐名出资的法律风险··············································································37

二、隐名出资法律风险的防范······································································40

第三节认缴注册资本的法律风险与防范·································42

一、注册资本认缴登记制下的法律风险······················································42

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企业家法律风险与防范

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二、注册资本登记认缴制下如何防范股东出资民事法律风险··················50

第三章企业家对外投资法律风险与防范···································53

第一节股权收购法律风险与防范············································54

一、股权收购的法律风险··············································································54

二、股权收购法律风险的防范······································································61

第二节资产收购法律风险与防范············································66

一、资产收购及其法律风险··········································································67

二、资产收购法律风险的防范······································································75

第三节增资扩股收购的法律风险与防范·································79

一、增资扩股收购及其法律风险··································································79

二、增资扩股收购的法律风险的防范··························································85

第四章企业家对外融资法律风险与防范···································89

第一节企业间借贷融资的法律风险与防范······························90

一、企业间借贷的法律风险··········································································90

二、企业间借贷法律风险的防范································································101

第二节企业家民间集资的法律风险与防范····························103

一、企业民间集资的法律风险····································································103

二、企业家民间集资法律风险的防范························································112

第三节贷款融资中的法律风险与防范···································115

一、企业贷款融资中不能清偿的法律风险与防范····································115

二、企业贷款担保中的法律风险与防范····················································120

三、企业贷款融资中的刑事法律风险与防范············································129

第五章企业家税务法律风险与防范········································145

第一节税务管理程序环节的法律风险与防范························146

一、税务登记中的法律风险与防范····························································146

二、账簿、凭证管理中的法律风险与防范················································150

三、发票管理中的法律风险与防范····························································155

目录

IX

四、纳税申报中的法律风险与防范············································170

第二节税款缴纳、解缴中的法律风险与防范························174

一、税款缴纳、解缴中的法律风险················································175

二、税款缴纳、解缴中法律风险的防范············································182

第三节税收保障程序中的法律风险与防范····························183

一、纳税担保程序的法律风险与防范··················································184

二、税收强制执行程序的法律风险与防范················································189

第四节企业家个人税务法律风险与防范·······························195

一、企业家个人税务法律风险················································195

二、企业家个人税务法律风险的防范·················································204

第六章企业家法律风险的保险筹划········································207

第一节企业家个人保险筹划·················································208

一、企业家个人保险筹划的重要性···················································208

二、企业家个人保险筹划的措施························································213

第二节企业商业保险筹划·····················································224

一、企业商业保险的作用及基本体系···················································224

二、企业财产险合理筹划应对企业财产损失法律风险····························228

三、企业责任保险应对责任事故的法律风险············································246

第三节保险欺诈的法律风险与防范······································252

一、保险欺诈及其法律风险·······················································253

二、保险欺诈法律风险的防范·····················································258

第七章企业家处理公司事务的法律风险与防范······················263

第一节企业家担任公司法定代表人的法律风险与防范··········264

一、法定代表人的民事法律风险·························································264

二、公司法定代表人如何防范法律风险···················································276

第二节企业家签字引发的法律风险与防范····························278

一、法定代表人签字的法律风险························································278

二、企业家作为法定代表人签字的法律风险防范····································285

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企业家法律风险与防范

egalriskandpreventionofentrepreneurs

第三节企业家处理企业危机的法律风险与防范····················286

一、企业危机的特征及法律风险···················································286

二、企业家处理企业危机法律风险的防范················································294

第八章企业家个人财产法律风险与防范·································301

第一节企业家与企业财产混同的法律风险与防范·················302

一、企业家与企业财产混同的法律风险················································302

二、企业家与企业财产混同法律风险的防范············································311

第二节企业家婚姻法律风险与防范······································313

一、企业家婚姻法律风险·······················································313

二、企业家应该如何防范离婚纠纷中产生的法律风险····························320

第三节企业家继承法律风险与防范······································322

一、企业家继承法律风险··························································322

二、企业家继承法律风险的防范·························································330

客户评价·································································335

后记·····································································338

企业家作为企业的管理主体，在企业的决策、运营、人事、财务等商业管理方面，时刻面 临着法律风险。从近年来企业家纷纷落马的现象，折射出企业家亟需补法律课! 企业家可以没 有法律知识，但绝不能没有法律意识，特别是事前防范法律风险的意识。本书从企业设立、 对外投资、融资、税务、保险、个人事务管理、处理公司事务等各个环节全面论述企业家所面 临的法律风险，通过深入浅出的实例分析，进行精辟独到的风险提示，并提出针对性的解决方 案，不失为企业家的治企良方。本书致力于提高企业家们的风险意识与防范法律风险的能力，将为企业家们走向事业和人 生的成功提供真正有裨益的帮助。

作者以多年的丰富的案例为基础编写此书，为我国企业家在经营过程中产生的各种风险进行规避。