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企业家法律风险与防范
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图书来源: 浙江图书馆(由图书馆配书)
  • 配送范围:
    全国(除港澳台地区)
  • ISBN:
    9787302432807
  • 作      者:
    曹友志著
  • 出 版 社 :
    清华大学出版社
  • 出版日期:
    2016
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编辑推荐

  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。


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作者简介

  曹友志,江苏江成(天津)律师事务所首席合伙人,江苏江成(江阴)律师事务所总顾问。

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内容介绍

  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。
……

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目录

  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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  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


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