Threefold Value of Legal Services for the Development of Private Enterprises

Published on: 2023-08-18 00:00
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Introduction On July 19, the Central Committee of the Communist Party of China and the State Council issued the "Opinions on Promoting the Development and Growth of the Private Economy," providing thirty-one specific measures from eight aspects such as optimizing the economic environment, increasing policy efforts, strengthening legal safeguards, and promoting the healthy growth of private economic figures. The private economy is a driving force for economic development and plays an irreplaceable role in promoting economic growth, creating employment, and advancing social progress. Both the government and society should actively provide a favorable environment for the development of the private economy. This article discusses the three levels of value embodied in legal services for the development of private enterprises.

 

Legal Services Should First Ensure Regulatory Compliance for Private Enterprises Enterprise operations are inseparable from rules and regulations, and true development can only occur within the legal framework of the country. A sound, transparent, and stable legal framework helps create a fair competitive market environment and provides a fundamental guarantee for the development of private enterprises. If an enterprise operates outside the legal framework and does not comply with the system and rules, its foundation for existence is compromised, and development becomes unattainable.

Compliance with internal corporate governance provides guidance to enterprises in building organizational structures, decision-making processes, information disclosure, and ensures that internal company management is legal, transparent, and efficient. Compliance in contract management helps establish a sound internal contract management process, ensuring the legality and security of contract signing, performance, and termination. Labor compliance assists enterprises in compliant operations related to hiring, managing employees, and complying with labor laws and regulations, ensuring stable business operations and reducing legal risks. Tax compliance helps enterprises have a correct understanding and legal and reasonable tax payments, safeguarding the financial health of the enterprise and avoiding tax risks. Intellectual property compliance ensures the legal acquisition and effective protection of the enterprise's patents, trademarks, copyrights, trade secrets, etc., preventing infringement and disputes. Criminal compliance helps enterprises understand criminal laws and regulations in operations, preventing and avoiding criminal activities, maintaining the reputation and sustainable development of the enterprise.

In summary, legal professionals providing compliance assurance services should emphasize guiding private enterprises' understanding of risk management, conduct regular risk assessments, identify potential risk factors, and take preventive measures to reduce the probability of risks occurring. Therefore, compliant operations are the fundamental guarantee that legal services can provide to enterprises.

 

Legal Services Can Create Value for Private Enterprises If compliance with operations only helps enterprises control risks and does not cross the red line. From the perspective of enterprises, legal services seem to only provide a protective shield, telling everyone what actions are prohibited and where the risks lie. However, in reality, legal services can provide further assistance by helping enterprises create value. They can help enterprises see risks while also helping them overcome bottlenecks, provide advice for their operations, solve current business challenges, help them make money or save money. This sets higher demands for legal practitioners. In addition to being familiar with policies and regulations, they need to understand various disciplines such as finance, taxation, financial management, business models, and even humanities, history, and international relations.

For example, assisting enterprises in reducing costs and increasing profits through tax planning, flexible employment, and management equity incentives. Helping enterprises classify, summarize, package, and monetize knowledge-based assets, directly creating new tracks for the enterprise and earning revenue. Assisting enterprises in converting accounts receivable into immediate cash flow through financial instruments such as factoring and bill discounting, meeting the current funding needs of the enterprise.

 

Legal Services Should Safeguard the Wealth Security of Private Entrepreneurs and Their Families Private entrepreneurs have nearly staked their entire family's wealth into their operations, driven by the realities of their situation, but more so by an unclear understanding of the boundary between risk and reward. Over the years, countless vivid cases have shown us that private entrepreneurs who have not properly isolated wealth risks will fall into an endless abyss once they fail, dragging their families along. Some say that private entrepreneurs cannot fail, and certainly not dare to fail. However, in the battlefield of business competition, where is the assurance of a stable win?

We believe that legal services to private enterprises, assisting in their business development, should first consider how to safeguard the legitimate interests of private entrepreneurs and their families and family members. Effective risk isolation between family and enterprise should be achieved, allowing private entrepreneurs to focus more honorably, securely, and confidently on developing their businesses, striving for their careers, without constantly worrying about the livelihood of their families.

Of course, in this regard, the greatest resistance may come from private entrepreneurs' changing self-awareness regarding this issue. Therefore, legal practitioners are not just mere technical operators, and legal services are not something to be taken lightly. In helping private enterprises take a more efficient and higher-quality development path, legal services play a role. What we can do is actually quite limited, and making a genuine reflection of the value of legal services in the limited services is the pursuit of legal practitioners.

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