Is it risky to join the company?

1. The affiliate shall bear the obligation to pay the management fee. 2. Associated enterprises only enjoy the right to collect a relatively small amount of fixed income, but bear considerable risks. Once the related party breaches the contract or infringes on the business, it will inevitably cause immeasurable losses to the related enterprises.

The so-called affiliated companies are actually listed on units with independent legal personality. Engage in civil activities that the company should engage in through the name of affiliation. However, it is necessary to pay a certain affiliated fee to the affiliated party. But affiliated companies are risky, so how to avoid this risk?

1. What are the risks of affiliated companies?

1, the construction contract is invalid, and the related parties and affiliated enterprises cannot exercise the priority right of compensation for the project price, and the recovery of the project price cannot be guaranteed;

2. The affiliated person and the affiliated enterprise shall be jointly and severally liable for the project quality, construction period, industrial injury and property loss;

3. The affiliated enterprise shall be jointly and severally liable for repayment if the affiliated person is in arrears with the material supplier's payment or workers' wages due to the affiliated project;

4. The affiliated enterprise shall be liable for the debt dispute caused by the contract signed by the affiliated person in the name of the affiliated enterprise, and the affiliated enterprise shall be liable to the actual constructor within the scope of unpaid project price;

5, the relevant government departments have the right to confiscate the affiliated income, and have the right to impose administrative penalties on affiliated personnel and affiliated enterprises, or even reduce their qualification level or revoke their qualification certificates.

Second, how to avoid this risk?

1, the affiliate should pay special attention to the project quality, because the project acceptance is the premise for the affiliate to claim the ex-factory price.

2. The related party can directly claim rights from the employer. The related person (actual constructor) can sue the related enterprise for the project payment, or directly sue the employer for repayment, but the employer only needs to bear the repayment responsibility within the scope of the potential project payment.

3. The fundamental strategy for affiliated enterprises to prevent risks is not to contract projects by affiliated means, but to adopt internal contracting agreements. Hire associates as employees of affiliated enterprises, sign labor contracts and purchase social insurance. The affiliated enterprise or project manager organizes the dispatch of specific project management personnel. Strengthen the management of project funds, and prevent affiliated persons from using project funds for other expenses in various ways.

4. An affiliated enterprise may require the affiliated person to provide a guarantee or pay a deposit to restrict it. You can also set up a special project management team to strictly control the project quality. Strict property management, supervision of affiliated people to use money for project construction. Improve labor management and urge affiliated companies to buy insurance for their respective construction workers, so as to reduce the risk-taking when industrial accidents occur. Strengthen the management of project seal, make it clear that project seal is limited to technical exchange, and avoid the risk of agency by estoppel.

The company is still at risk. After all, it is only affiliated with an independent legal entity. In this way, we can exercise our rights and strive for our own interests. Therefore, I suggest that you know about this legal knowledge before choosing to link with it, and be prepared to guard against risks. You can consult a lawyer for more relevant knowledge.