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Are there risks for company financial personnel?
Being the financial person in charge of a company is risky, including the company’s tax risks, as well as the invoice risks caused by the company’s senior management’s irregularities in invoicing (if the invoice is not issued by the financial person in charge), the contract is being signed. The financial responsibility, the legal risk of contracts that violate the law, and the reimbursement risk caused by the financial person in charge not carefully reviewing the expense invoices are all risks of the financial person in charge. 1. Does the company have to be canceled if it has not been in operation? If the company is no longer in operation, of course it needs to be canceled. Why do you say that? Because if a company that is not operating is left alone and does not cancel, it will have many adverse consequences. 1. The company's legal representative or person in charge will be blacklisted and cannot serve as the legal person or person in charge of other companies. 2. If the company fails to complete the deregistration in accordance with the legal procedures, it will increase the company's financial costs and increase the company's tax-related risks. 3. If the company is not deregistered, the legal representative or person in charge of the company will not be able to apply for a passport or immigration, and will be prevented from leaving the country. He will also be unable to purchase air tickets and high-speed rail tickets, and will not be able to spend money in high-end places. 4. If the company is not cancelled, the children of the legal representative or person in charge of the company will be restricted from applying for the civil service examination, and they will not be able to apply for loans to buy houses, etc. 5. The company has entered the blacklist of the Industrial and Commercial Credit Network, and all external business applications of legal persons, shareholders, and supervisors are restricted. 6. The legal representative or person in charge of the company cannot register a new company, and other existing company financing will be restricted. 2. How to manage company seals. According to different uses, company seals can be divided into company administrative seals, company financial seals, special invoice seals, legal person seals, company contract seals, etc. Effective management of different types of company seals by category plays a significant role in preventing legal risks for the company. Now let's talk about the general management steps of seals: First, classify the seals. Special personnel are designated for the safekeeping and use of various types of seals. Generally speaking, the administrative seal and other seals should not be managed by the same person. 2. Formulate the seal approval process for various types of seals, prepare the seal approval form, and implement the seal approval system. Third, in principle, the company seal is not allowed to be taken out of the company. If it is really needed for work, it can be approved by the person in charge, and the applicant can use one to write an IOU and indicate the borrowing time. When going out for business with an official seal, it is generally recommended to arrange for two people to attend together. Fourth, strengthen supervision and inspection to see whether the management behavior of seal managers is prohibited. Managers must be serious and responsible, abide by disciplines, act impartially, and stipulate seals. If the custodian has relevant dereliction of duty, such as losing the seal due to poor custody, retaining it privately, using the seal that was destroyed or handed over in an emergency, etc., he will be punished according to the situation. If the penalty law violates the law, he will be transferred to the judicial authority for processing. Fifth, when a seal is damaged, lost or replaced, it must be registered and filed with the competent authority in a timely manner to avoid the risk of the company using multiple seals of the same type. 3. Creditor financial risk management based on corporate governance According to the idea of ??option financial risk management, creditors can achieve the purpose of risk separation by separating rights and obligations when investing, that is, by paying a certain option premium to transform future uncertainty For the sake of current certainty, we can avoid future uncertainty to a certain extent. For example, the current convertible corporate bonds can be regarded as a way. By purchasing convertible corporate bonds, it is actually equivalent to purchasing a For a company's call option, if the company makes excess profits, the creditors can convert it into purchasing the company's shares at a price lower than the market price. In fact, the creditors can obtain this part of the reward that exceeds their bond income through the price difference income, which can be regarded as a reward to the creditors. Compensation for the company's additional risks is based on the above understanding of creditors' financial risks as a transfer of operating risks. I believe that bondholders can conduct their own risk control from the perspective of derivative financial ethics, regarding companies with different operating risks and their own attitude towards risk tolerance. , different risk avoidance methods should be adopted, the core of which can be referred to the idea of ??option financial management rights to transform future uncertainty into present certainty, thereby separating rights and obligations. But at the same time, we should note that derivatives such as convertible corporate bonds are also the result of the game between the company and its creditors under the current market environment and information asymmetry. We can only control our own risks from the perspective of creditors. It cannot fundamentally solve the weak position of bondholders, so we should think about the financial risk management of creditors from the perspective of corporate governance. (1) Strengthen the role of creditors in corporate governance. With the complementary development of our capital market, the nature of equity and debt will become increasingly blurred. As the provider of company funds, bondholders should increase their supervision of managers. For example, creditors can also Participating in the company's board of supervisors and other institutions, although they do not determine the company's production and operation process, can help them learn more about the company and protect their creditor's rights (2) Strengthen the company's information disclosure. Strengthening the company's information disclosure can reduce management There is an information asymmetry between the creditor and the creditor. According to the provisions of the contract, the creditor conducts regular on-site investigations to promptly understand the detailed information of the company's production and operation, financial status, operating results, use of borrowed funds, etc., and supervises the company's strict implementation of the loan contract. stipulated relevant terms, especially restrictive terms. At the same time, standardize and improve the corporate information disclosure system to meet creditors' needs for relevant information.
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