民营企业的常见形式主要是有限责任公司、股份有限公司、一人有限公司等，不同形式的公司在运行模式、责任方式、责任范围等方面均有所不同。实践中存在出资人对于公司形式所对应的法律责任不清楚而盲目设立的情况，建议申请成立前先对公司法相关内容做基本了解，选择适合自己出资目的、经营预期、管理能力的公司形式。 The common forms of private enterprises are limited liability companies, joint stock limited companies, one-person limited companies, etc. Different forms of companies are different in operation mode, liability mode, scope of responsibility and other aspects. In practice, the investor is not clear about the legal liability of the company form and blindly sets up the company. It is suggested to have a basic understanding of the relevant content of the company law before applying for the establishment, and to choose a company form that is suitable for his/her investment purpose, business expectation and management ability. 民营企业在经营过程中有哪些常见的法律风险呢？主要是企业内部治理中的法律风险，企业对外经营中的法律风险，企业融资借贷中的法律风险，企业劳动用工中的法律风险。 What are the common legal risks of private enterprises in the course of operation? It is mainly the legal risk in the enterprise internal governance, the legal risk in the enterprise external operation, the legal risk in the enterprise financing and lending, and the legal risk in the enterprise labor and employment. 
设立公司时出资人（股东）之间的出资协议是今后行使各种权利的基本依据，实践中因约定不清或口头约定出资等情形引发的纠纷较多，建议采取书面形式订立出资协议，明确约定相关主体的权利义务。 When establishing a company, the capital contribution agreement between investors (shareholders) is the basic basis for exercising various rights in the future. In practice, there are many disputes caused by unclear agreement or oral agreement on capital contribution, so it is suggested to conclude the capital contribution agreement in written form to specify the rights and obligations of relevant subjects. 按照出资协议履行出资义务是出资人的基本责任，实践中因出资不实、抽逃出资而引起债权人要求股东承担赔偿责任的纠纷较多，建议采取实缴制出资的出资人务必确保出资真实、足额到位，并且不得以变相方式抽逃出资，同时建议妥善保留出资到位的财务证据，避免工商档案中只有验资报告且笼统描述为出资到位，引起债权人合理怀疑。 According to the investment agreement, investment obligation is the investor's basic responsibility, in practice due to the investment, pulls out investment disputes caused by creditors that shareholders shall bear the liability for compensation is more, recommend the actually paid capital contribution of the investor make sure paid real, fully in place, and may smoke escape capital contribution in disguised form, properly keep funding in place financial evidence suggested at the same time, avoid business files only capital verification report and general description for investment in place, cause creditors to reasonable doubt. 
采取认缴制出资方式虽然可以减轻出资人的资金压力，但是认缴而未缴出资性质上属于股东欠公司的债务，在公司对外负债到期不能偿还情形下，债权人可以向未足额出资的股东主张权利，要求在未出资范围赔偿，股东不得以认缴出资未到期限对抗，建议通过参与管理或行使股东权利等方式，关注公司经营状况，必要时提前补足认缴出资。 Adopt the mode of capital contribution subscribed system while it is possible to reduce the pressure of the investor money, but not pay the capital contribution subscribed and belongs to the shareholders owe the debts of the corporation in nature, in foreign company cannot repay debt due, the creditors may not full specified amount paid shareholders claim rights, request without investment scope of compensation, the subscribed investment shareholders shall not, before the deadline, suggested by participating in management or the exercise of shareholders' rights, attention to company, necessary complement subscribed capital contribution in advance. 法律允许以实物、专利技术、其他公司股权等非货币方式出资，但实践中因作价不合法、价值偏离大、产权未转移等情形引起的纠纷较多，建议合理确定实物价值、必要时委托评估，及时办理产权过户手续。 The law allows investment in kind, patented technology, equity of other companies and other non-monetary means. However, in practice, there are many disputes caused by illegal pricing, large deviation in value, and non-transfer of property rights. Therefore, it is suggested to reasonably determine the real value, entrust appraisal when necessary, and handle the procedures of property right transfer in time. 由于种种原因，股东委托他人代持股，他人注册登记为股东，自己幕后实际操作的情况比较常见，实践中有因名义股东否认代持股关系而引发的纠纷，建议尽量避免隐名出资的情况，如果确要采取由他人代持股的方式，建议书面确定代持股关系，并保留好自己履行出资义务的相关证据。 Due to various reasons, holding shareholders entrust other generations, others registration for shareholders, their behind the scenes of the actual operation situation is common, in practice there are caused by nominal shareholders denied generation shareholding relationship disputes, by the advice to avoid this situation, if want to take the way of holding by other generation, proposal written to determine the generation of ownership relations, and keep yourself to perform the obligation of capital contribution the relevant evidence. | 
