2022-05-30

There are many types of risks that are easy to encounter in business cooperation, and there are three common ones:

1. The commercial project itself is compliant Risks include whether the project itself has criminal risks, whether it complies with legal regulations, whether it will be designed to apply for special licenses and licenses, etc., and also includes trademark registration, copyright, patents, etc., which are collectively referred to as projects own risk.

In view of these, we need the black and gray products in our hospital to not violate relevant industry laws and regulations, and to ensure that the qualification certificates, trademarks and patents are complete. For specific details, you need to consult a professional lawyer.

Second, it occurs in the process of cooperation with business partners, mainly focusing on default risks.

This requires reviewing the partner’s qualifications. Trust is the foundation of cooperation. In addition to the contract, some guarantees, reputation in the industry, past cooperation experience, etc. are also needed. Otherwise, the risks of cooperation and default risks are very high.

There are three ways to understand the qualifications of the other party:

1. Go to the website of the person subject to breach of trust to search whether the other party is a bad guy;

2. Go to the corporate credit website Information disclosure system, check whether the other party's subject exists, and judge the overall business through registered capital, changes, and litigation situations;

3. Entrust a lawyer to adjust the company's industrial and commercial files.

There is no problem with qualifications, just sign the contract. If the target is relatively large, it is recommended to find a professional lawyer to review it. If the target is relatively small, you should pay attention to three points:

1. Understand what the jurisdiction of the dispute resolution is;

2. In the entire transaction process, where is the estimate likely to be? There will be risk points depending on how the contract stipulates these points. For example, whether the two parties pay first and deliver goods later or deliver goods first and pay later;

3. Is there any clear agreement on the standards that meet the conditions? If both parties to the transaction are relatively unfamiliar and the scale is relatively large, it is recommended that the atmosphere be more detailed, which part is completed and which part is paid.

It is best to have professionals intervene before the transaction, and have specialized people get closer and investigate during the operation process, so that the other party will not take chances and the protection of rights and interests will be more secure. When necessary, require the other party to provide sufficient and necessary guarantees.

Third, partnership risks are mainly reflected in various disputes over the distribution of interests.

For example, major shareholders refuse to distribute profits to small shareholders, all parties have different opinions on profit distribution, some people accept the project and then withdraw halfway, develop similar companies to compete with themselves, employees steal company secrets, etc.

This can be avoided through two points:

1. Be bound by agreements, including shareholder agreements, company articles of association, private agreements, non-competition agreements, and confidentiality agreements. The constraints of the agreement and the completeness of the liability for breach of contract will also, to a large extent, ensure the accountability and sharing of responsibilities in these situations.

2. You must have a sufficient understanding of financial rights, and it is best to control financial rights yourself. Require partners to make regular financial reports, or allow us to conduct audits and retain the necessary right to know.

For this type of risk, the most important thing is to avoid making the other party feel that there is an opportunity.