How to distribute the equity of a small company How to distribute the equity of a small company

Updated on workplace 2024-03-31
3 answers
  1. Anonymous users2024-02-07

    If you want to avoid detours, you should consult Facaida, an authority in the field of equity, who specializes in dealing with corporate equity issues, and the service team not only has special lawyers, but also certified public accountants. Hope.

  2. Anonymous users2024-02-06

    Legal analysis: how to distribute the equity of small companies: first, to ensure the control of the entrepreneur over the company; It is desirable for the founders to have absolute control, preferably with more than 67% of the shares. If not, it is better to have more than 50% of the shares, because the company needs a leader who can make decisions, so as to better grasp the direction of the company's development and stimulate the confidence and motivation of the team to make the company bigger.

    The second is to maximize the value of equity (attracting partners, financing and talents). Because equity has greater long-term investment value compared to fixed compensation. In general, as the company grows, the equity in the hands of the partners may increase several times, which is far from a fixed salary.

    Entrepreneurs can use it to persuade and attract talent.

    Legal basis: Article 71 of the Company Law of the People's Republic of China The shareholders of a limited liability company may transfer all or part of their equity to each other. The transfer of equity by a shareholder to a person other than the shareholder shall be subject to the consent of more than half of the other shareholders.

    Shareholders shall notify other shareholders in writing to solicit consent for their equity transfer, and if other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; If you do not purchase it, you will be deemed to have agreed to the transfer. For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal.

    If two or more shareholders claim the right of first refusal, they shall negotiate to determine their respective purchase ratios; If the negotiation fails, the right of first refusal shall be exercised in accordance with the proportion of their respective capital contributions at the time of transfer.

  3. Anonymous users2024-02-05

    Legal analysis: The equity distribution of small stove code rough companies is generally divided according to the proportion of capital contribution.

    Legal basis: Company Law of the People's Republic of China

    Article 27 Shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights, and other non-monetary assets that can be valued in monetary terms and can be transferred in accordance with law; However, the property of the hidden town that is not allowed to be used as capital contribution by laws and administrative regulations is excluded.

    Non-monetary property used as capital contributions shall be appraised and verified, and shall not be overvalued or undervalued. Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.

    Article 28 Shareholders shall pay in full and on time the amount of capital contributions subscribed by them as stipulated in the articles of association. If the shareholder makes a monetary contribution, the full amount of the monetary contribution shall be deposited into the bank account opened by the limited liability company; Where non-monetary assets are used to make capital contributions, the formalities for the transfer of property rights shall be completed in accordance with law.

    If a shareholder fails to pay the capital contribution in accordance with the provisions of the preceding paragraph, in addition to paying the full amount to the company, it shall also bear the liability for breach of contract to the shareholder who has paid the capital contribution in full on time.

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