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嘉法邦(南通)法律咨询公司企业运营管理及日常风险防范法律风险白皮书
Sou Hu Cai Jing· 2026-02-09 03:03
白皮书由嘉法邦(南通)法律咨询公司结合客户咨询案例编制,聚焦企业运营管理、个人日常生活、商会运营管理三大维度,梳理典型法律纠纷案例、对应 法律条文并提出风险防范要点,为不同主体提供全面的法律风险规避指引,同时介绍了嘉法邦集团的综合法律服务能力。 企业运营管理篇涵盖七大核心风险领域。劳动人事方面,重点规范试用期约定与劳动合同解除流程,明确企业需留存员工不符录用条件的证据并依法支付补 偿;债权债务纠纷多因合同约定不明、证据留存不足引发,企业需明确合同核心条款并及时维权;财会税务领域严禁偷税、虚开发票等行为,要求合法开展 税收筹划;知识产权需做好作品登记与授权核查,及时维权;股东关系中,股权转让需保障其他股东优先购买权,严格遵循法定程序;决策风险要求企业建 立尽职调查与内部监督机制,规范决策流程;刑事犯罪则警示企业需通过合法渠道融资,杜绝非法吸收公众存款等行为。 个人日常生活篇梳理九类常见法律问题。合同纠纷、劳动纠纷均强调书面协议的重要性,劳动者需主动签订劳动合同,遭遇侵权及时收集证据维权;侵权纠 纷以宠物伤人为主,饲养人需履行安全管理义务;知识产权纠纷针对作品改编、传播等侵权行为,原创者应做好权利登记;婚姻家庭纠 ...
“法律咨询”公司转卖个人信息 “精准查人”黑产链条遭查
Core Viewpoint - The implementation of the Personal Information Protection Law and the ongoing crackdown on cybercrime by public security agencies have highlighted the importance of personal information security as a legal compliance issue. Group 1: Illegal Activities of Legal Consulting Companies - Numerous cases have emerged in regions such as Zhejiang, Hubei, and Shanghai, where legal consulting companies have been found selling personal information through illegal channels, often disguised as legitimate services [1][3]. - A recent operation in Dongying City led to the dismantling of a criminal group posing as a legal consulting firm, which was involved in the illegal acquisition and sale of personal information [1][2]. - The profit model of these companies involves collaborating with "check archives" black market service providers to obtain sensitive personal information, which is then resold to clients at prices ranging from 500 to 2000 yuan per case [2][3]. Group 2: Legal Implications and Responsibilities - Engaging with illegal "check archives" services can expose clients to legal liabilities, especially if they are aware of the illegality but choose to proceed [4][5]. - Legal consulting companies must operate within the law, requiring a legitimate contract with a law firm and proper authorization for any information retrieval [5]. - The use of illegally obtained information as evidence in court is generally inadmissible, although exceptions may apply if the evidence significantly impacts the case [5]. Group 3: Recommendations for Legal Information Retrieval - Citizens are advised to avoid illegal methods for obtaining personal information and to retain copies of identification documents before disputes arise [6]. - Hiring a lawyer is recommended for efficient and legal information retrieval, as lawyers have access to more legitimate channels [6].
“100%追回欠款”是骗局,有人花了1万七,还没追回2千块
第一财经· 2026-01-25 05:18
2026.01. 25 本文字数:3556,阅读时长大约6分钟 作者 | 第一财经 马纪朝 一种声称可以帮助债权人的"追债骗局",正在通过社交平台迅速扩散。 "你要不回的钱,我们能帮你要回"、"现在开始,欠钱不还,最快3天就能解决"、"只需3招,帮你追 回欠款"……第一财经记者发现,在多个社交平台上,类似令人心动的话语,让不少正在为欠款难以 要回发愁的债权人怦然心动。 与此同时,一些声称自己因此被骗的投诉,也遍布小红书、黑猫投诉等多个线上平台。 记者注意到,这些被投诉的公司,大多以"法律咨询公司"的名义,向债权人承诺"包胜诉"、"100%追 回欠款",一些债权人因此付出数百元至数万元不等的费用后,最终却发现,不仅之前的欠款未能要 回,甚至想要再次联系对方也变得困难起来。 万条投诉 在四川省网上群众工作平台"问政四川"上,有几十条关于"法律咨询公司"的投诉。 有投诉者称,自己在2025年11月与四川某法律咨询有限公司建立法律服务委托关系后,该公司员工 以法务顾问身份,先后分五次收取费用:第一次以"立案费"名义收取600元,第二次以合同约定的诉 讼协助服务费名义收取1400元,第三次收取1680元,第四次收取30 ...
劳动关系全链条服务 胶州市成立和谐劳动关系协会
Qi Lu Wan Bao· 2025-12-26 02:02
Core Viewpoint - The establishment of the Jiaozhou Harmonious Labor Relations Association aims to enhance labor relations through a comprehensive service system that includes policy consultation, professional training, risk prevention, and dispute mediation [1][3]. Group 1: Association Overview - The Jiaozhou Harmonious Labor Relations Association is a voluntary, non-profit organization formed by enterprises and related institutions focused on labor relations within Jiaozhou [3]. - The association has already attracted 30 member organizations from various sectors, including manufacturing, intellectual property services, legal consulting, and human resources, showcasing a broad representation and professionalism [3]. Group 2: Support from Local Government - The Jiaozhou Human Resources and Social Security Bureau will support the association's development through three main strategies: enhancing policy empowerment, building a service matrix, and establishing a collaborative mechanism [4]. - A regular policy transmission mechanism will be established to ensure that the latest national and provincial policies are communicated effectively to member enterprises [4]. - The association will develop both online and offline training courses to improve the professional capabilities of its members, focusing on key areas such as labor contract signing and management of work hours and vacations [4]. Group 3: Collaborative Mechanisms - The association will participate in a tripartite coordination mechanism, organizing regular meetings to address prominent issues in labor relations within the city [5]. - It will provide targeted guidance to key industries and enterprises, promoting advanced employment management practices and establishing model enterprises for harmonious labor relations [5].
高薪扩张!精心设计的“债务规划”黑洞
Bei Jing Shang Bao· 2025-08-14 08:40
Core Viewpoint - The article highlights the emergence of a predatory debt planning industry that exploits individuals in financial distress, despite regulatory crackdowns and previous rejections by loan platforms [1][8]. Group 1: Industry Practices - Numerous companies are hiring debt planners and credit management specialists, offering salaries as high as 500 RMB per hour, to attract a large pool of indebted individuals [2][5]. - The recruitment process emphasizes finding clients through social media, short videos, and other online platforms, while also utilizing illegal data acquisition methods to target potential victims [2][4]. - The industry has developed a modular approach, with organized operations that include creating fake legal documents and using deceptive marketing tactics to lure clients [3][5]. Group 2: Risks to Consumers - Consumers are often misled into paying high service fees for ineffective debt solutions, which can lead to further financial distress and potential identity theft [6][10]. - The article notes that some organizations may disappear after collecting fees, leaving clients with unresolved debts and damaged credit records [6][10]. - There is a growing trend of using fraudulent practices, such as identity theft to secure new loans, exacerbating the debt crisis for individuals [6][10]. Group 3: Regulatory Response - Regulatory bodies and law enforcement agencies are increasing efforts to combat the rise of fraudulent debt optimization schemes, emphasizing the need for collaboration among financial institutions, platforms, and regulators [7][9]. - New measures include stricter advertising regulations on social media platforms and enhanced scrutiny of debt-related services to protect consumers from scams [9][10]. - Experts suggest that clearer regulations and better consumer education are essential to mitigate the risks associated with these predatory practices [10][11].
4人公司中标深圳政府千万大单?管理费低或是关键
Nan Fang Du Shi Bao· 2025-06-13 08:44
Core Viewpoint - The rapid success of "Zhenxiang Future Legal Consulting (Shenzhen) Co., Ltd." in winning multiple government legal service contracts has raised questions about the company's qualifications and the integrity of the bidding process [1][3][4]. Company Overview - Zhenxiang Future was established in August 2022 with a registered capital of 1 million RMB and has only four employees [4][5]. - The company has secured over 10 million RMB in various government contracts from 2023 to 2025 [4]. Contract Details - The company won three contracts in 2025, including a 347,862.8 RMB project from the Shenzhen Housing Provident Fund Management Center [5]. - In 2024, Zhenxiang Future won eight projects, with the largest contract amounting to 5.91 million RMB from the same housing fund management center [5]. Industry Concerns - Legal professionals have expressed skepticism regarding the company's ability to deliver quality services given its limited size and experience [5][6]. - The transition of Zhenxiang Future from a digital technology company to a legal consulting firm in April 2024 has been criticized as a strategic move to exploit public resources [7][8]. Qualification Issues - The company holds only three non-legal certifications related to environmental management and quality systems, which raises concerns about its qualifications for legal services [8][10]. - The bidding process for contracts has been questioned, particularly regarding the criteria that favored Zhenxiang Future's existing certifications over traditional legal qualifications [10][12]. Regulatory Context - The Shenzhen Housing Provident Fund Management Center's procurement process has been defended as compliant with regulations, although the criteria have been criticized for potentially excluding qualified law firms [12][14]. - The low management fees associated with smaller companies like Zhenxiang Future may have influenced the decision to award contracts to them instead of established law firms [14].
啄木鸟消费投诉|“债务优化”风险重重 网贷逾期切莫病急乱投医
Sou Hu Cai Jing· 2025-06-01 04:28
Core Viewpoint - The case highlights the risks associated with "debt optimization" services, which may involve fraudulent practices and lead to financial and legal repercussions for consumers [2][9]. Group 1: Consumer Experience - A consumer from Ji'an, Jiangxi Province, named Mr. Xiao, faced financial difficulties due to overdue online loans totaling over 40,000 yuan and sought help from a Shanghai legal consulting company for "debt optimization" [3][5]. - After paying a service fee of 3,600 yuan, Mr. Xiao did not achieve the promised debt relief and continued to receive collection notices [5][6]. - The consulting company refused to refund the service fee, claiming they had undertaken substantial work, without providing a clear explanation for the failure of the "debt optimization" [5][6]. Group 2: Legal Implications - The agreement signed by Mr. Xiao lacked specific operational details, raising concerns about the legitimacy of the services offered [6][7]. - There are allegations that the consulting company may have attempted to forge medical documents to apply for loan extensions, which could constitute a violation of Chinese law [8][11]. - Legal experts warn that such fraudulent practices could lead to severe consequences for consumers, including damage to credit ratings and potential legal action for involvement in forgery [11]. Group 3: Industry Response - Authorities are increasingly targeting illegal financial activities, including fraudulent "debt optimization" schemes, as part of a broader crackdown on financial crime [11]. - Consumers are advised to preserve evidence and report any fraudulent activities to local law enforcement to protect their rights [11].
多家企业出海栽跟头,问题出在股权架构设计、税务风险方面
梧桐树下V· 2025-03-06 10:30
在特朗普2.0的背景下,全球贸易争端再升级,全球产业链格局正经历深刻的变化,从 "不出海,就出 局" 到如今 "盲目出海也出局" 的新共识,中国企业不得不再次重新审视和调整其在全球范围内的布 局。 随着出海和跨境电商企业的业务迅猛发展, 复杂多变的海外税收环境和各国不尽相同的税制 给出海和 跨境电商企业带来巨大的海外经营和财税合规风险,企业涉税暴雷事件频传。 随着出海企业越来越多,出海相关的业务需求也日益增多, 税务师、律师、会计师等中介机构如何帮 助企业做好出海规划,获取高价值业务? 鉴于此, 梧桐课堂 特联合麒瑞丰,于 2025年3月28-30日 在 苏州 ,举办 《跨境电商·出海企业股权架 构设计与税务风险管理》 线下培训。 主讲嘉宾 叶永青 金杜律师事务所高级合伙人 ● 拥有20多年国内外税务项目经验,在对外投资、国际税收及转让定价等国内外税务领域积累了丰 富的项目经验 ● 曾担任德勤上海的税务合伙人,负责德勤华东地区的主要工作并在徳勤美国工作多年,专注于国际 税收筹划和转让定价工作 ● 2014-2024年被《法律500强》评为"领先律师" ● 2014-2024年被《钱伯斯亚太概览》评为中国税务领 ...