Lead: The work of enterprise legal adviser should run through all fields of enterprise management. From the establishment, operation and termination of an enterprise, from the articles of association and partnership agreement to the enterprise system and foreign negotiations, legal advisers should play an important role in standardizing construction and preventing risks. The following is what I have compiled for you about the significance of enterprise legal counsel to enterprises, for reference only, hoping to help you.

The significance of enterprise legal adviser to enterprises 1 Lawyers act as enterprise legal advisers, providing pre-consultation, in-process monitoring and post-remedy in the process of enterprise management, so as to maximize the interests of enterprises. However, in real life, many enterprises have not formed the consciousness of hiring lawyers as perennial legal advisers. They didn't think of looking for a lawyer until they encountered a lawsuit, so that the role of a lawyer was limited to helping enterprises to go to court and acting as a "firefighter" to solve a temporary need. The role of lawyers is far more than just helping the company to file a lawsuit! Sun Tzu's Art of War says, "Kill one thousand enemies, and lose eight hundred.". Litigation is not the best way to solve disputes. The best way is to nip in the bud and reduce or even avoid disputes. Corporate counsel plays this role.

Just as only businessmen, not lawyers, can find business opportunities and profits through dust and fog, so only lawyers, not businessmen, can find legal loopholes and legal traps from the daily operation and management of enterprises. Instead of letting lawyers act as "surgeons" when enterprises are hurting their bones, it is better to let lawyers become "healthy doctors" of enterprises as soon as possible.

For an enterprise, the risk from the law is sometimes far greater than the risk from the market, because seemingly minor negligence may have to pay a heavy price to compensate. No matter how big your business is and how well funded it is, success or failure may only be a matter of a moment. To some extent, ignorance of the law is tantamount to having a hard time with your own wealth. With the further improvement of the construction of the rule of law in China, in order to reduce the legal risks in the operation of enterprises as much as possible, legal consultants are increasingly recognized by enterprises. Its significance is as follows:

1, improve the internal operation mechanism of enterprises.

In order to operate reasonably and develop normally, enterprises must have a series of sound operating mechanisms. Managers of enterprises may be experts in business, so they are good at reward mechanism, but they may not be good at internal risk prevention.

For example, the management mechanism of some companies' official seals and contracts is not perfect, many people have the opportunity to use them, and the contents of contracts signed by employees are not monitored. In the end, when employees are transferred or have conflicts with the company, once the previous work handover is not serious, there will be problems in the performance of the contract, and even the company's management loopholes will be used to unite with a third party to harm the company's interests. Under the current legal mechanism, many companies have suffered losses.

2. Participate in the negotiation in daily operation, listen to the contract and prompt the risks.

In order to survive and develop, the company will continue to have such or such transactions with the outside world, which are determined through negotiation and signing contracts. And this process is the process of rights and obligations of both parties to the transaction. Among these rights and obligations, there are both development benefits and sometimes pitfalls and crises. With the development of the legal system, 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 "the contract you signed yourself" and "you should have enough knowledge of your rights and obligations". Therefore, in this transaction, it is more and more important to check and review the legal aspects of the contract.

3. Legal risk analysis of joint venture, merger, division or investment of the company, and legal operation.

When a company develops to a certain extent, it will always reach a new level of development through the change of company form, which may include joint venture, merger, division or investment. Either way, it is different from a single transaction, which involves the company's next development direction and may also use a lot of company funds. Due to the lack of risk awareness, sometimes the interests of the company will be greatly damaged or even ruined.

Some companies buy shares of other companies through the introduction of others, without professional evaluation of the company's current assets. They only listened to the introduction, saying that after signing the share transfer agreement, they found that the actual assets of the company were not so much, or that although some assessments and investigations were made, the acquired company survived because of a business, but the important customers were in someone's hands. Once this person transfers customers, the company will lose the opportunity of development and even survive.

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

In the current market environment, it is almost impossible for an enterprise to completely avoid being involved in litigation, just as it is impossible not to eat fireworks. Moreover, no matter how good the legal adviser is, there is no guarantee that the enterprise will not be sued. It can only be said that if enterprises and lawyers cooperate properly at ordinary times, they can seek the greatest legitimate interests for the company as legally as possible.

To sum up, it will be more and more important for enterprise legal counsel to participate in enterprise decision-making, operation, management, prevention and handling of various legal disputes. If enterprises want to develop better, they must attach importance to the role of legal counsel. Many large companies will set up special legal departments and bring legal advisers into the decision-making level of enterprises. Of course, for many small and medium-sized enterprises, there is no need for a special legal department for the time being, but the content of legal consulting services should still be taken seriously.

The significance of enterprise legal counsel to enterprises 2 The responsibilities of enterprise legal counsel are mainly reflected in the following aspects:

First of all, participate in drafting and reviewing the enterprise grass-roots planning system.

Enterprise regulations are all kinds of regulations, articles of association and procedures formulated for the management activities such as production, sales and service within the enterprise. Enterprise rules and regulations are the comprehensive embodiment of enterprise culture, management mode and management level. Modifying and reviewing enterprise rules and regulations is one of the important tasks of enterprise legal counsel. When reviewing enterprise rules and regulations, we must first ensure their legitimacy, that is, the management functions, management contents and management means stipulated for enterprises should comply with national laws and regulations.

The review of enterprise rules and regulations should also pay attention to its practicality, standardization and coordination.

Second, participate in major business decisions of enterprises.

Major business decisions of an enterprise are decisions made by the enterprise on major issues in business activities such as fund management, product development and marketing according to the prescribed authority and procedures.

The main purpose of enterprise legal counsel's participation in major business decisions is to ensure the legitimacy and feasibility of the decisions. Its functions are:

(1) Ensure that the decision has a reliable legal basis, is made in accordance with the law, and will not violate the law, thus avoiding the legal risk of decision-making;

(2) Ensure that the rights given to enterprises by law are fully reflected, and safeguard the legitimate rights and interests of enterprises in economic activities to the maximum extent;

(3) Ensure that the decision is not only legally feasible, but also the best scheme, which is most conducive to the realization of the decision-making objectives in law;

(4) legally provide effective protection measures for the interests that enterprises should obtain in economic activities to prevent being cheated, obviously unfair and disputes.

There are four main ways for enterprise legal advisers to participate in major business decisions of enterprises:

(1) Attend the decision-making meeting. Attending decision-making meetings as nonvoting delegates is the activity of enterprise legal advisers to participate in various decision-making meetings of enterprises as full members or non-voting personnel according to the relevant regulations of the industry or the requirements of enterprise leaders. The main tasks of enterprise legal advisers attending enterprise decision-making meetings are: to put forward systematic and comprehensive legal opinions on decision-making issues, with legal basis and analysis and demonstration; Answer and explain legal questions raised by leaders or meetings at any time; Participate in the analysis and discussion of decision-making problems. Before attending the decision-making meeting, the enterprise legal adviser should make clear the theme of the meeting and relevant information, make good preparations, especially familiarize himself with and master the contents of relevant laws and regulations, carefully listen to and analyze the opinions of others at the meeting, and put forward legal suggestions.

(2) Provide suggestions for enterprise leaders to make decisions. When enterprise leaders make some decisions, they need enterprise legal advisers to put forward oral and written opinions or plans from a legal point of view. Mainly do:

First, analyze and demonstrate the legal problems raised by business leaders and give clear answers in time;

Second, put forward opinions on major legal issues that have not been raised by business leaders but are related to the legitimacy and feasibility of decision-making.

(3) Participate in major business decisions of enterprises, and draft, modify and review relevant documents. In the process of drafting, revising and reviewing documents, enterprise legal advisers should fully understand the background, objectives and contents of decision-making, put forward correct legal opinions and embody them in the documents, ensure the correctness and legitimacy of the decision, and prevent loopholes and errors in the decision-making or its document expression.

(4) The enterprise legal adviser puts forward opinions and plans on his own initiative. By participating in the daily operation and management activities of enterprises, especially in dealing with various economic disputes of enterprises, enterprise legal advisers find major problems in enterprise operation and management, and after certain investigation and research, they actively put forward suggestions and plans to enterprise leaders, form written opinions, and influence major business decisions of enterprises.

Three. Drafting and reviewing contracts

Drafting and reviewing contracts for foreign economic activities of enterprises is one of the important tasks of enterprise legal advisers. Enterprise legal counsel should master the laws, regulations and policies of the state, and make clear the corresponding national policies and regulations on the subject, content and target of the contract to be signed.

The terms of the contract shall be drawn up in accordance with the relevant provisions of the Contract Law and other laws, regulations and policies, mainly including: the name and domicile of the parties; Type of subject matter; Quantity and quality; Time limit, place and method of performance; Dispute resolution and liability for breach of contract; Date, place and other contents of the conclusion of the contract.

Contract review is mainly to review and check the contracts drafted by various business departments within the enterprise. Enterprise legal counsel should review from the following aspects:

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

The second is to review the authenticity of the contract project;

The third is to examine whether the terms of the contract are complete;

The fourth is to examine whether the terms of the contract, such as quantity, price, quality, settlement method and liability for breach of contract, violate relevant state laws and regulations;

The fifth is to review whether the contract is standardized;

The sixth is to review whether the signing procedures are complete.

Four. contract management

The work of enterprise legal counsel in managing enterprise contract business should include the following aspects:

(1) power of attorney management. The power of attorney for signing the contract is the qualification certificate issued by the legal representative to authorize the business personnel to sign the contract on behalf of the enterprise. Contract business personnel must undergo strict legal and contract business knowledge training and pass the examination, and at the same time have the corresponding business level before obtaining the power of attorney. The power of attorney must specify the agent's name, agency matters, agency authority and validity period, and be signed by the legal representative and stamped with the official seal of the enterprise. The scope of authorization of contract business personnel shall be determined by the enterprise legal adviser and reported to the enterprise leaders for approval, which shall be consistent with the post responsibilities of business personnel.

(two) management contract text and special seal for the contract. Establish the management system of special seal for contract, and register and manage the use of special seal for contract; Establish contract management ledger and statistical report corresponding to the contract. The enterprise legal adviser shall file the contracts drafted and reviewed one by one, and the documents, telegrams, charts and legal opinions related to the contracts shall be filed at the same time.

(three) supervision and inspection of contract management. Supervise and inspect the implementation of the enterprise contract management system, and promptly stop violations of the system; Analyze and study new situations and problems in contract management, and constantly revise and improve various contract management systems.

Supervise and inspect the settlement of contract disputes. In case of a contract dispute, the legal adviser shall put forward a solution in time, directly or in collaboration with relevant business departments, and follow up the dispute settlement. Acts that damage the legitimate rights and interests of enterprises should be corrected and stopped in time.

Verb (abbreviation of verb) deals with legal affairs concerning trademarks, patents and trade secrets.

Trademark registration application is an important work of enterprise legal counsel. Corporate legal counsel usually carries out this business in two ways:

First, individuals apply for trademark registration on behalf of enterprises;

The second is to hire social specialized agencies to deal with it according to the situation. For the patent application, patent transfer and license within the enterprise, the enterprise legal adviser shall handle relevant affairs according to the actual situation of the enterprise.

Trade secrets are intangible assets of enterprises, which have an important impact on the development of enterprises in market competition. Enterprise legal counsel shall undertake the management of business secrets, formulate rules and regulations for the protection of business secrets, define the scope of business secrets, determine the rights and obligations of secret-related personnel, take legal measures for preventive protection in normal business activities, and solve the infringement of enterprises through arbitration, litigation and other means.

VI. Acting as an agent to handle related disputes

The ways to solve economic disputes in enterprises are usually negotiation, mediation, arbitration and litigation. The main ways are arbitration and litigation. As a legal consultant of an enterprise, when participating in or drafting, reviewing and modifying a contract, we should master the "dispute settlement clause".

In the process of solving economic disputes between enterprises, enterprise legal counsel usually participates in arbitration, litigation or non-litigation as an agent of enterprises to solve disputes.

Seven, to carry out legal training.

It is one of the basic tasks of enterprise legal counsel to conduct legal training and popularize legal knowledge within the enterprise. The legal work of enterprise legal counsel mainly includes the following aspects:

First, drafting and participating in legal popularization plans and plans;

The second is to undertake the task of lecturing; Third, actively promote the legal practice of this enterprise.

In a word, the work of enterprise legal consultant is the inevitable product of the development of market economy. The work of enterprise legal counsel will play an increasingly important role in promoting the development of modern enterprise system.

The significance of enterprise legal adviser to enterprises. It can provide a strong guarantee for the standardized operation of enterprises.

Enterprise lawyers and consultants have professional legal knowledge and skills, which can provide a strong guarantee for the standardized operation of enterprises. Lawyers must pass the strict lawyer qualification examination or the unified judicial examination, and then pass the internship examination before they can obtain the practice qualification. Compared with ordinary legal personnel, lawyers have more professional knowledge and experience. It is the very professional ability and level of lawyers that can play a powerful escort role for enterprises.

Second, rich experience in handling cases.

Through constant litigation, arbitration and other agency activities, lawyers and consultants of the company have accumulated rich experience in handling cases and dealing with problems, which cannot be directly obtained from books. Enterprises directly hire lawyers as legal advisers, so that lawyers can handle it directly. It is better to go to court by themselves and gain experience from it.

Some business owners may say that we have our own legal department. It is undeniable that the level of legal personnel in some large enterprises is indeed very high, but compared with the overall level of lawyers, legal affairs still cannot surpass lawyers. It is an indisputable fact that lawyers have provided legal services to countless clients and handled numerous litigation and non-litigation cases, and their thinking and ability are generally far higher than that of corporate legal affairs.

Enterprises can get the latest laws and regulations.

Lawyers have been constantly learning professional knowledge, mastering the latest legal provisions, and hiring corporate lawyers' consultants, so that enterprises can obtain high-quality legal services and legislative trends at any time. Lawyers will provide all kinds of legislative information to enterprises in time to help enterprises understand the legislative information and trends related to their operations.

Fourth, it can help the company to do a good job of risk control.

Don't think of looking for a corporate lawyer only when you are in a lawsuit. You should control the risks at ordinary times. Lawyers can help enterprises to establish various legal risk early warning mechanisms or systems to prevent problems before they happen. Risk prevention is very important for enterprises. Bosses are always trying to avoid all kinds of risks, including financial risks and transaction risks, but the most important thing is legal risks. If the legal risk of enterprises is not well controlled, the disaster will be devastating.

5. Standardize enterprise operation, enhance enterprise image and enhance competitiveness.

Imagine a big company, if it doesn't even have the standard configuration of corporate lawyers and consultants, where can it be called a modern enterprise? Therefore, one of the signs of a mature modern enterprise is to have its own team of consultants and lawyers.

Sixth, it is conducive to the long-term development of the company.

According to experts' statistics, the average life span of Chinese enterprises is seven years, and many enterprises even closed down in less than seven years. After running the company for many years, many bosses closed down and returned to before liberation overnight. Why? Because there is no standardized operation, there is no corporate legal adviser to control risks at ordinary times, and there is no corporate legal adviser to help at critical times.

In the era of rule of law, it is necessary for lawyers to serve as legal advisers.

At present, the government is advocating all party and government organs and functional departments to hire lawyers as corporate lawyers' consultants to standardize their operation. I believe that no enterprise can surpass the government in standardization, and no enterprise dares to say that it knows more about laws and policies than the government, but the government has to hire legal advisers. Why don't companies hire corporate lawyers? Lawyers can not only go to court, but also diagnose enterprises like doctors, find out where the crux of enterprises lies and how to prescribe drugs. It can be said that it is an inevitable need for lawyers to serve as corporate lawyers' consultants in the era of rule of law.

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