北京朝阳法院这份白皮书，把公司治理的“坑”说透了

Core Viewpoint - The Chaoyang District Court has released a white paper on the governance risks of private enterprises, highlighting the increasing number of governance-related cases and the need for improved corporate governance practices in the private sector [1][2]. Group 1: Overview of Private Enterprises in Chaoyang - Chaoyang District is one of the most open and economically active areas in Beijing, with approximately 300,000 private enterprises, accounting for about 90% of the total market entities [1]. - The private sector plays a crucial role in the economic and social development of the region, covering various fields such as business, technology, urban construction, and public welfare [1]. Group 2: Case Statistics and Trends - From 2022 to 2024, the Chaoyang Court concluded 1,525 cases related to corporate governance of private enterprises, with a yearly increase in case numbers [2]. - The main types of disputes include requests for changes in company registration, company resolutions, liability for damage to company interests, return of company licenses, and responsibilities related to company dissolution and liquidation [2]. Group 3: Identified Governance Risks - Key risks in corporate governance include discrepancies in company registration information, procedural flaws in company resolutions, lack of management systems for company licenses, deficiencies in governance structures, and illegal company deregistration practices [3]. - Issues such as unclear responsibilities, hidden shareholding control, ineffective supervision mechanisms, and mismanagement of departing personnel contribute to governance failures [3]. Group 4: Judicial Measures and Support - The Chaoyang Court is enhancing its judicial services by implementing a "multi-faceted mediation + expedited trial" mechanism and collaborating with local business associations to resolve enterprise-related disputes efficiently [4]. - The court has established a mechanism for publishing typical cases to promote better governance practices and is providing legal service packages to private enterprises, which include guidelines for risk prevention and legal resources [4]. Group 5: Typical Case Examples - The white paper includes 10 typical cases related to corporate governance, illustrating the court's role in preventing debt evasion and clarifying the boundaries of competition and liquidation processes [5]. - Notable cases include a cultural company where the court blocked a request to remove a representative due to potential harm to creditor interests, and a technology company where a high-level executive was held liable for violating non-compete obligations [5].