Entrepreneurship Can Not Be "Blind"
From the small business credit guarantee center of the Federation of trade unions, we know that most of them are laid-off and unemployed people who apply for loans and start businesses. Due to their own cultural limitations, they are more experienced in dealing with legal problems in their entrepreneurial process. Therefore, they often suffer punishment when they suffer losses and even violate laws and regulations.
Zhang Xiaoyu, deputy director of the small business loan guarantee center of the Municipal Federation of trade unions, reminds entrepreneurs that if we want to make money locally, we must first remove the hat of "law blind".
Shen Deping, the founder of the contract "legal blind", is now the "red bean" clothing agent.
He had a client from Shanghai who took 3000 yuan of money and wrote only a sum of money, and did not sign any contract.
He went to Shanghai and asked the local police station to help find the person. He was refused. The police station said that his handwritten ious could not be used as a legal document, and a formal lawyer's letter was required.
Zhang Xiaoyu: there are many legal problems encountered by laid-off and unemployed people in starting businesses. They lack the basic legal knowledge in this respect. They do not know that they have to sign contracts, but they are not strict in terms of the contracts, so that others are loopholes.
Tian Hong lawyer of mainland law firm: in daily reception, I often encounter such a situation. Some entrepreneurs believe that as long as the contract is signed, what guarantees are available, and the other side is not afraid of anything bad.
In fact, this understanding is also wrong.
First, any contract should be legal and only a legally binding contract can protect the interests of the parties when there is a dispute between them.
Otherwise, the content of the contract is not standard or illegal, and the terms of the contract are not rigorous. Once there is a dispute, the trouble will be greater.
Second, before the contract is signed, the entrepreneur should find out whether the other party has the right to sign the contract. If the other party does not have the right to sign the contract, the contract signed is equal to the waste paper.
Once again, the contract has a fixed format, but no fixed text can be imitated. No matter what contract is free to contract, the content of the contract is mainly decided by the parties.
Therefore, before signing a contract, if there is no common sense of law, it will be more likely for others to exploit loopholes.
When the tenant of the house is leased most easily, Huang Li is leasing the business site. When the landlord proposes to collect the deposit, she does not want to pay it. The landlord insists that she should accept it. She wants to ask whether the deposit of the rental deposit is unlawful; if it can, what is the standard of the deposit?
Lawyer Xia Yujie, Attorney General of the Federation of trade unions in the city of leeward, said: the legal problems in Housing leasing are also often encountered by entrepreneurs, because the sites needed for operation are large, and there are no such large houses in ordinary families. Only by leasing can they solve them, and if they do not know the law, they will be easily caught by others when signing the lease.
Therefore, when leasing a house, the entrepreneur should pay attention to the following problems: first, after the lease contract expires, the original lessee has the priority of tenancy under the same conditions.
Some houses have improved because of the improvement of the surrounding environment. Landlords do not want to rent their homes to entrepreneurs or raise their rent.
The business of the entrepreneur has already done well. If the business location changes, the hard built customer network will be affected.
Under such circumstances, entrepreneurs can use priority leasehold to restrict landlords.
The two is that the rental contract should be written as detailed as possible, including the decoration and maintenance.
And the longest period of housing lease is 20 years. If the lease time exceeds 6 months, it is better to sign a written contract.
Three, if the landlord wants to receive a deposit, the lessee can calculate that the amount of the deposit accounts for a large proportion in the operating cost. If it is not big enough, it will not affect the flow of funds, and it can be handed in; on the contrary, it is necessary to consider whether to give up or replace another one.
At present, there is no clear legal provision for rent deposits to be collected or collected.
If the landlord makes a deposit request, the two parties may agree in the contract.
Never make verbal promises, otherwise you can't avoid wrangling in the future.
In the process of starting a business, a legal person should have a legal relationship with all kinds of people, such as forming legal relationship with consumers when they are in the process of starting a business, and forming legal relationship with the upstream manufacturers when they come into stock. When accepting the administration of industry and commerce, taxation and other departments, they will form administrative legal relationship with the industrial and commercial departments and tax departments. The unreasonable and illegal aspects existing in these legal relationships will not be exposed for many times. Once the explosion occurs, the negative impact on entrepreneurs will not be small, and then the solution will be passive again.
Lawyer Xia Yujie: Although city labor, trade unions, industry and commerce departments have been very supportive of laid-off and unemployed entrepreneurs, including free legal aid and consultation, it is necessary to enhance their awareness of legitimate business and rely on the consciousness of entrepreneurs, so that entrepreneurs should consciously learn and operate relevant legal provisions.
In particular, some people need joint ventures or joint ventures when they grow up. When it comes to legal issues, they will be more complicated. If they are busy with business, they can hire a legal adviser. It is worthwhile to spend money to avoid losing money.
Xu Qiyun, editor in chief:
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