What risks do property companies face as legal persons?

I. Concept 1. A legal representative refers to a person whose behavior is regarded as a legal person's behavior according to law, and all legal rights and obligations arising from his behavior are enjoyed and borne by the legal person he represents. 2. The legal representative generally refers to a person who holds a certain position according to the internal articles of association of a legal person or is appointed by the legal representative to exercise civil rights and obligations on behalf of a legal person. It is not an independent legal concept. 3. The legal representative is produced according to the authorization of the legal representative. Without the authorization of the legal representative, the legal representative cannot be produced. As the subject of civil rights, a legal person may have multiple legal agents. The legal representative's external exercise of power is restricted by the authorization of the legal representative. He can only carry out activities on behalf of the legal person within the scope of duties authorized by the legal representative. His behavior is not the behavior of the legal person itself, but has direct legal effect on the legal person. 4. Legal representative means that according to the law, his behavior is regarded as that of a legal person, and all legal rights and obligations arising from his behavior are enjoyed and undertaken by the legal person he represents. 2. What are the risks faced by legal persons of property companies? What are the main risk types in property management? 1, natural disasters, such as typhoon, rainstorm, lightning, flood, earthquake, etc. 2, public security, such as fire, major public security criminal cases, traffic accidents, casualties, group poisoning or infectious diseases, robbery, fighting, theft cases, etc. 3. Safe production. Such as large-scale sudden power failure, water cut-off accidents, flooding (running water), major equipment safety accidents, elevator trapped people, gas or toxic gas leakage and other environmental pollution accidents. 4. Social impact category. If the owner's major complaints have been interfered by the relevant government departments, affecting the company's reputation or being exposed by the media, etc. Third, how to use risk management methods to avoid risks: Effective risk management is a continuous, repeated cycle and continuous improvement process of risk identification, risk analysis, risk treatment, implementation and monitoring. Centralized mode: 1, insurance. This is the most important way of risk transfer. 2. Contract assignment. The property management company may enter into a contract with other parties, and the receiving party shall be responsible for the losses when losses occur. 3. Loss control. 4. Risk diversification. 5. Take your own risks. 6. Risk avoidance. Four, five common risks in property management activities and their preventive measures. (1) Parking management The owner's car is parked in the parking lot. If it is stolen or damaged, the property management company shall be liable for compensation. At present, whether the parking fee charged by property management companies is parking fee (service fee) or vehicle insurance fee is still a controversial issue in the legal circle. Preventive measures: 1. Hardware: the yard management system is maintained in place and upgraded in time. 2. Software: strengthen staff training and strict management. 3. If the owner asks to take care of the vehicle, the property management company and the owner must sign a vehicle parking agreement, clarify the responsibilities of both parties, and charge appropriate fees. (2) The fire control facilities in the fire safety building (residential area) are not fully configured, and there are potential safety hazards. Preventive measures: 1. Strict handover acceptance procedures, do a good job of handover. 2. Supervise the practitioners to improve the fire control facilities. 3. Sign a fire safety responsibility letter with the owner to enhance the owner's fire awareness. (3) Who will bear the responsibility for financial theft in non-property management areas? 1. It should be clearly stipulated in the contract that "the property company will not bear the insurance responsibility for the personal safety of the owner's property." 2. Safety management measures should be put in place, various emergency treatment schemes should be improved, and employees should be trained regularly to ensure that there are no loopholes in management. 3. Publicize relevant property management knowledge to the owners. (4) Owner's arrears 1. The owner's statute clearly stipulates the measures to deal with the arrears, so that there are rules to follow. 2. Formulated charging procedures, and charged in strict accordance with the procedures. 3. Understand the tenant's operation, strengthen supervision over the tenants who are maliciously in arrears, and are not allowed to move out of the goods casually. At the same time, inform the owner that if the tenant defaults, the owner will bear the responsibility in accordance with the relevant laws and regulations. 4. Publicize the scope of property management to the owners and clarify the responsibilities of the property company. 5. Understand the real reason for the arrears and prescribe the right medicine. Organize community activities and keep close relationship with the owners. Parabolic at high altitude 1. Due diligence. According to the agreement of the property service contract, the house, supporting facilities and related sites shall be repaired, maintained and managed, and the environmental sanitation and order in the relevant areas shall be maintained. 2. Strengthen publicity and education for residents. 3. Protect the scene, actively rescue the injured and report to the relevant government departments in time. According to the provisions of Article 285 of the General Principles of the Civil Law, the realty service enterprise or other managers shall, on the entrustment of the owners, manage the buildings and their ancillary facilities within the building division in accordance with the provisions of the third part of this law on realty service contracts, accept the supervision of the owners, and promptly answer the owners' inquiries about realty services. Property service enterprises or other managers shall implement emergency measures and other management measures implemented by the government according to law, and actively cooperate with relevant work. To sum up, the risks faced by property companies as legal persons are mainly composed of internal and external aspects, and the internal aspect is mainly the dissatisfaction of customers caused by poor management. External aspects mainly include direct losses caused by natural disasters and service problems closely related to clients and owners.