民企看过来！这份风险防范白皮书 把公司治理的“坑”说透了

Core Viewpoint - The "White Paper on Risk Prevention in Corporate Governance of Private Enterprises (2022-2024)" released by the Beijing Chaoyang District People's Court highlights the governance challenges faced by private enterprises and suggests measures for improvement, emphasizing the importance of effective governance structures for the healthy development of the private economy [1][2]. Group 1: Governance Structure and Issues - The "Private Economy Promotion Law" effective from May 20, 2025, mandates private economic organizations to enhance governance structures and management systems, regulate operator behavior, and strengthen internal supervision [1]. - The Chaoyang District has a significant number of private enterprises, totaling 300,000, which account for approximately 90% of the market entities in the area, indicating the critical role of private enterprises in regional economic development [1]. - From 2022 to 2024, the Chaoyang Court concluded 1,525 cases related to corporate governance of private enterprises, with private enterprises being involved in 97.77% of these cases [1][2]. Group 2: Types of Disputes and Trends - The white paper identifies five main types of disputes in corporate governance, including requests for changes in company registration, company resolutions, damage to company interests, return of company licenses, and responsibilities related to company dissolution and liquidation [1]. - The number of cases requesting changes in company registration has seen the highest increase, accounting for 35.74% of governance-related cases, indicating significant disputes in registration matters [2]. - New types of disputes are emerging, particularly in technology innovation companies, involving internal governance, intellectual property contributions, and employee equity incentives [2]. Group 3: Risks in Corporate Governance - Key risks in corporate governance include discrepancies between registered information and actual control, procedural flaws in company resolutions, lack of clarity in license management, and deficiencies in governance structures leading to management control issues [3]. - The separation of ownership and management in modern corporate governance structures is highlighted as a source of operational risks, reflecting broader issues in corporate governance [3]. Group 4: Judicial Mechanisms and Support - The Chaoyang Court has implemented four mechanisms to optimize judicial protection for corporate governance, including a "multi-party mediation + expedited trial" approach and collaboration with local business associations to resolve disputes efficiently [4]. - Initiatives such as the "Typical Cases of Chaoyang for Business" mechanism and legal service packages for private enterprises are designed to enhance governance and legal awareness [4]. Group 5: Case Studies - The white paper also presents ten typical cases related to corporate governance of private enterprises, providing insights into common issues and resolutions [5].