The new Company Law has been in force for more than two months, and the business community has a deeper and deeper feeling of the significant impact brought by the revision of the Company Law. In order to make the company executives understand the revised company law systematically and deeply, and prevent the legal risks in the process of performing their duties, in the afternoon of September 2, King&Capital Piguo Gong and Yuanxiao Zhu came to the permanent legal adviser Beijing Precision Enterprise Management Group Co. (hereinafter referred to as “Precision Group”) to conduct a special training on “Requirements and Risk Prevention for Executives of Private Enterprises in the Era of New Company Law”. Mr. Ren Song, Chairman of Precision Group, attended the training with more than 20 members of the group's leadership team and executives of first-level companies.
Mr. Zhu Yuanxiao firstly combined the revised background of the new Company Law, and focused on “perfecting the capital system”, “optimizing the corporate governance structure”, “protecting the rights and interests of small and medium-sized shareholders”, “regulating the power of large shareholders” and “preventing the risks of the shareholders in the era of private enterprises”. “Regulate the power of major shareholders” and other key points of the revision were analyzed. Afterwards, Mr. Zhu focused on the revision of the Company Law, and explained the new requirements on the duty of loyalty and diligence of the executives: for the duty of loyalty, by explaining the provisions on related transactions, seeking business opportunities for the company, competition in the same industry, and infringement of trade secrets, and combining them with practical cases, he helped the executives to deeply understand the connotation of the duty of loyalty and the specific requirements; for the duty of diligence, Mr. Zhu analyzed the two adjudication cases, and made clear that the practical determination of the breach of the duty of diligence is not a matter of law, but a matter of law. With regard to the duty of diligence, Mr. Zhu analyzed two adjudication cases, clarified the practical recognition standard of violating the duty of diligence, and put forward the risk prevention suggestions for the executives in respect of the duty of care before and during the event. Finally, Mr. Zhu explained the criminal charges related to the executives of private enterprises and the newly added criminal charges of the executives of private enterprises in the Twelfth Amendment to the Criminal Law, such as the crime of illegally operating the same kind of business, the crime of illegally making profits for relatives and friends, the crime of selling assets at a low discounted price for favoritism, etc., and put forward the practical and effective suggestions on the prevention of the risk of the criminal liabilities of the executives of the private enterprises.
Mr. Gong Piguo explained how the executives of private enterprises can prevent the risk of disputes in the era of the new law from the perspective of the deep-rooted reasons for the revision of the new law. Mr. Gong proposed that, starting with the revision of the new Company Law, the state level has successively issued the Twelfth Amendment to the Criminal Law, the Judicial Interpretation of Tax-related Laws by the two high courts, the new Nine Articles in the field of securities, the Provisions on Accountability for Preventing and Resolving Financial Risks (for Trial Implementation) and other regulations and documents, which have increased the legal responsibility of the main body of the enterprise and the punishment for violation of laws, and China has entered the era of new laws of “harsh and severe punishment”. China has entered the era of “harsh and severe laws”. The deep-rooted reason for the revision of the new law is to adapt to the change in China's philosophy of governance from “high-speed development” to “high-quality development”, which is the legal embodiment of the end of the old era and the advent of the new era. In this era of change in the background, the law is to promote the change of the times of governance, corporate executives should pay more attention to personal civil liability, especially the prevention of criminal liability. In this regard, the public lawyer puts forward three suggestions: Firstly, study political economy, improve their political position, study the national policy and industry situation, “law in nature”, go with the trend; Secondly, sort out the past legacy problems, abandon the past backward thinking, set up the concept of modernized management of the enterprise; Thirdly, strictly abide by the red line of criminal offenses, there are questions Consult professionals, rationally face criminal problems, avoid radicalization and escalation of conflicts. Finally, Mr. Gong proposed four roles of the company's legal advisor, in order of importance: firstly, to prevent the company's executives and the company's criminal liability; secondly, to prevent the company's executives and the company's civil liability; thirdly, to prevent the company's disputes; fourthly, to dispose of the company's disputes.
During the training process, the two lawyers fully interacted with the participating executives, answering face-to-face the issues of interest and concern to the managers. Participants also expressed that this training is very necessary and timely, not only close to the business needs, but also focused, combining theory and practice closely, answering questions and solving puzzles, and full of dry goods.
Mr. Ren Song, Chairman of Precision Group, emphasized that the company's executives should continue to enhance their legal awareness and legal learning in the future, closely focus on the group's development strategy, faithfully perform their duties, diligently fulfill their responsibilities, standardize their management, prevent risks, and help the company's business to improve quality and increase efficiency.
Beijing Precision Enterprise Management Group Co.
Precision Group is a leading domestic industrial investment and asset management conglomerate. Headquartered in Beijing, the company has established long-term and solid cooperative relationships with many domestic and foreign organizations, including medium and large banks, brokerage firms, trusts, insurance companies and private equity.
Precision Group follows the trend of the times and inherits the genes of investment, operation and management of the real industry to build a consumer ecological platform, creating a diversified business model that integrates medicine, food, housing, transportation, nutrition and entertainment and covers the whole life cycle.
Meanwhile, Precision Group integrates horizontally and vertically around the whole industry chain, providing a wide range of services such as fund management, asset management, resource empowerment and other services for the government, financial institutions, small and medium-sized enterprises and other diversified customer groups, so as to provide diversified and optimal solutions for the development of the industry.
