企业家法律风险与防范

　　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。……

　　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。

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
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　　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
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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