一项针对央企法律风险防范的专题研究报告近日出炉。这项由国资委首次组织的专题报道反映最突出的问题之一是，与国际企业中法律顾问的地位相比，央企的法律顾问级别仍然很低，影响较弱，而且大多数也没有参与公司决策的权力。
这项报道也指出，央企的法律风险主要集中在合同履行、海外并购、劳动用工，企业融资、国际贸易和业务拓展上。
为做好央企的法律风险防范，报道建议，央企应该从制度上保障总法律顾问重大经营活动的知情权和法律审核权，在制度上保证出席企业重要经济活动的决策会议。报道也同时建议，将企业法律风险防范率与企业负责人的薪酬挂钩。
A report on legal risk management implementation in China's central state-owned enterprises (SOE) was recently released in Beijing, by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). The first-of-its-kind report reveals in-house counsels in SOEs have a less seniority and less impact on business-related activities compared to their counterparts in multinational corporations. Many are yet to be meaningfully involved in significant business decisions and strategic planning.
The research shows that the majority of legal risks concerning large SOEs arise from contractual matters, overseas M&A, labour and employment, corporate finance, international trade and business expansion. In order to prevent legal risks becoming problematic. The report suggests there should be good systems in place to ensure that GCs have the right to access important board information and take a more engaging role in policy-making and decision-making activities.
The report also suggests that the remuneration level of senior management in SOEs should be directly associated with the effectiveness of the enterprises’ legal risk management. ALB
Quick facts: SOEs – June 2010
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