Research On Legal Risk Of Family Wealth

Family business has been continuously developed along with the spring breeze of reform.Due to the state's emphasis on the market economy,the non-public economic system has undergone four constitutional revisions and confirmations.From the outsourcing of the public sector of the economy to the current multi-disciplinary economy,this series of policy dividends allows family businesses to ride the market.It has been forty years now.The continuous development of the economy constantly updates the requirements of family businesses.The construction of modern enterprises has affected the development of family businesses,and it has also brought challenges to these authoritative enterprises with high authority.Relevant information shows that in the family business,the husband and wife company is nearly half.The husband and wife company has the characteristics of centralized control of traditional family businesses,paying little attention to the kinship of foreigners and outdated business philosophy.In their governance,they want to improve their social reputation and ability to avoid risks so that they can inherit wealth,but the more they pursue the reduced risk,the more risk they will be surrounded by their own shortcomings.Since most of the papers and works are centered on family business research in management science and economics,it is necessary to standardize the construction of the legal system and take legal measures to avoid risks such as property conflation,corporate personality denial,and equity disputes.Among them,the most common husband and wife company is the confusion of property,the company and family property are not used alone,many companies' funds are used to maintain the husband's family life,or the family's property is used for the company without signing any loan agreement,the husband and wife's individual The account collects the company's money and so on.In order to solve these problems,the provisions of Article 63 cannot be applied to a one-person company when the applicable legal personality is rejected.The husband and wife company must also improve theaccounting and auditing system and strengthen financial management.In addition,equity disputes arising from the relationship between husband and wife are not uncommon.If one party is a major shareholder of the company,the equity of the other party will be transferred by the major shareholder.In this case,in order to protect the interests of bona fide third parties,it will be considered as an agent.In order to protect the security of the transaction,regardless of the equity of the spouse,in order to solve this problem,we need to distinguish the business relationship between the husband and wife as the shareholder and the identity relationship of the spouse as the spouse,and cannot be regarded as an agent.In order to prevent legal risks,we must optimize the company structure in terms of property protection,conduct risk assessments on a regular basis,strengthen financial management,sign property agreements,purchase life insurance,and establish family trusts.Therefore,this article will combine the relevant knowledge of Management,Economics,Company Law,and Marriage Law to study several risks that couple companies appear and propose relevant legal advice to optimize corporate governance and protect the property of husband and wife companies.To avoid bankruptcy due to risk.This article is divided into four parts:The first part lists the theoretical basis of the husband and wife family business at home and abroad,combing the deficiencies and current situation of theoretical research,and the legal risks of the current husband and wife company in property protection.The second part analyzes the definition and classification of family business,as well as the legal characteristics of the husband and wife company,analyzes the factors affecting the legal risk of the husband and wife company,and finds out the root cause of the legal risk of the husband and wife company.In addition,the theoretical basis of the risk of the husband and wife company is analyzed from the risk management theory,behavior agency theory and social emotional wealth theory studied at home and abroad.The third part analyzes the risks of the husband and wife company incombination with practical cases on illegal investment,equity transfer,equity pledge,corporate personality denial and divorce risk.The fourth part is based on the legal risks that are easy to appear in the husband and wife company,such as proposing perfect suggestions for risk prevention in the five cases in the article.Optimizing the governance structure of the husband and wife,conducting risk assessment management and financial management,and preventing the risk of property conflation.It is also necessary to protect the property of the spouse company by signing a property division agreement,purchasing life insurance and establishing a family trust to prevent the legal risks of the spouse company.