The partner is a dry stock, what should I do if I want to pay dividends?

In the case of dividends, dividends should be paid according to how to participate in the dividends as agreed in advance.

The so-called "dry shares" means that there is no actual investment, which needs to be resolved through negotiation between the two parties, and can be stipulated in the articles of association as long as both parties agree.

Dry shares refer to shares acquired without capital contribution, but in fact, dry shares do not refer to real shares, but should refer to the assumption that the person owns so many shares.

and dividends will be distributed in proportion to the proportion.

The analysis is as follows: 1. As mentioned in the title, there is no clear legal basis for the dividend procedure of dry shares, but if there is a fact of capital contribution in essence and the dry shares in the form of the articles of association of the company are filed with the industrial and commercial authorities, the dividends will be distributed according to the dividend ratio of the record.

2. Generally speaking, if the dry shares have been agreed and clarified through the contract agreement at the time of establishment, then, when the dividends are distributed, they can be implemented in accordance with the established terms of the agreement, and others cannot make a judgment on how to implement them.

The so-called "dry stocks" mean that there is no actual investment, so if you want to pay dividends, you should participate in dividends according to how to participate in them as agreed in advance.

Dry shares refer to shares obtained without capital contribution, but in fact, dry shares do not refer to real shares, but should refer to the assumption that this person owns so many shares and receives dividends according to the corresponding proportion. The concept of dry shares often exists in the private sector, especially in private enterprises, when the bosses of private enterprises give dry shares, some will sign some agreements, and some will not, but basically no matter what, the person who holds the dry shares does not have actual control over the company (there is actual control"Actual controller")。Therefore, this kind of dry stock agreement is not as appropriate as a dividend agreement.

Dry strands"It refers to a share in which a shareholder can own a certain percentage of the company's shares without actually making a capital contribution. Chinese law stipulates that shareholders shall pay in full the amount of their subscribed capital contributions as stipulated in the articles of association, and shareholders who fail to pay their subscribed capital contributions in accordance with the provisions of the preceding paragraph shall be liable for breach of contract to shareholders who have paid their capital contributions in full.

Therefore, there is no so-called in China"Dry strands"。

1. How to distribute dividends to partnership shares.

The two parties should sign the "Dry Equity Cooperation Agreement" to clarify the details of cooperation and dividends, and implement them in accordance with the established terms of the agreement. In addition, if the dry shares in the form of the fact of capital contribution and the articles of association of the company are filed with the industrial and commercial authorities, the dividends will be distributed according to the dividend ratio of the record. Dry shares are shares given by a joint-stock company free of charge, which are generally used as remuneration for the promoters of the company; Sometimes it is also used to give away employees or win over some powerful people.

2. How much individual income tax needs to be paid.

Individual income tax calculation formula: taxable (total income of this month, pre-tax deduction of items that are not in trouble, individual income tax threshold) x tax rate, quick deduction (the income level is different in different places, the individual income tax threshold is different, most of them are 800 yuan, and there are also higher than this standard, you can consult the unit accountant for details; In addition, the main items that are allowed to be deducted include: one-child subsidy, medical subsidy, individual housing payment**, labor pension insurance and medical insurance, etc., in addition, individual donations can also be deducted from individual income tax.

3. Whether the dry shares can be transferred.

According to the relevant laws and regulations, dry shares cannot be transferred. Dry shares refer to shareholders who do not actually contribute capital or use factors such as labor, credit, natural person name, goodwill, etc., which do not conform to the form of capital contribution stipulated in the Company Law, and occupy a certain proportion of the company's shares. Since the shareholders of the dry shares have not verified their capital contributions in accordance with the requirements of the Company Law, nor have they been registered in the register of shareholders of the company, they are not shareholders in the real sense and do not own the equity of the shares, so the dry shares cannot be transferred.

In fact, dry stock is a dividend agreement for a company, not a real equity.

Summary. Legal basis: Article 33 of the Partnership Enterprise Law of the People's Republic of China Article 33 The distribution of profits and losses of partner enterprises shall be handled in accordance with the provisions of the partnership agreement; If the partnership agreement is not agreed upon or the agreement is not clear, the partners shall decide through consultation; If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners. The partnership agreement shall not stipulate that all profits shall be distributed to some of the partners or that some of the partners shall bear all losses.

The dividends of the partners in my shares are as follows: 1. Dividends are distributed in accordance with the partnership agreement, and the partners can distribute dividends in accordance with the provisions of the partnership agreement when the company is not established. 2. Dividends will be distributed according to the proportion of capital contribution of partners.

Legal basis: Article 33 of the Partnership Enterprise Law of the People's Republic of China Article 33 The distribution of profits and losses of partner enterprises shall be handled in accordance with the provisions of the partnership agreement; If the partnership agreement is not agreed upon or the agreement is not clear, the partners shall decide through consultation; If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners. Which partnership agreement shall not stipulate that Li Gaolan will distribute all the profits to some of the partners or that some of the partners shall bear all the losses.

If the partnership is in my stake 10 points.

How do you pay dividends?

Hello Calculated on a share-by-share basis.

Summary. Hello, the partners share dividends in my shares as follows: 1. The proportion of capital contribution is determined according to the actual amount of capital contribution.

2. According to each person's division of labor, that is, the position is different (do technology, management, and market), you can refer to the market to determine the salary of each position. 3. The balance after deducting the cost can be used as a dividend**, which can be divided monthly, quarterly or yearly, according to the specific situation, and the best time cycle is moderate to balance the off-peak season.

Hello, the partners share dividends in my shares as follows: 1. The proportion of capital contribution is determined according to the actual amount of capital contribution. 2. According to each person's division of labor, that is, the position is different (do technology, do management, and do the market), you can refer to the market to determine the salary of each position.

3. The balance after deducting the cost can be used as a dividend**, which can be divided monthly, quarterly or yearly, according to the specific situation.

The law is as follows: 1. The partnership agreement shall not stipulate that all profits shall be distributed to some partners, or that only some partners shall bear all losses. 2. During the existence of the partnership, the partners may, in accordance with the agreement of the partnership association or the decision of all the partners of the group, increase their capital contributions to the partnership enterprise to expand the scale of operation or make up for losses.

3. The specific plan for the distribution of profits or losses of the partnership enterprise for an annual or certain period of time shall be decided by all partners through consultation or in accordance with the methods agreed in the partnership agreement.

Summary. Kiss <>

We'll be happy to answer for you. <>

The solution to the over-dividends of the partners is as follows: you can try to negotiate with the partners, and according to the conditions for determining the establishment of the partnership, the partners need to enter into a written agreement on the specific circumstances such as capital contribution, so you can negotiate with the partners first according to the partnership agreement and ask the other party to pay dividends in a timely manner. If you go to the court to file a lawsuit and can't settle it through negotiation, but if you have a lot of dividends, then it is recommended to actively go to the court to sue.

What should I do if the partner pays too much dividends?

Kiss <>

We'll be happy to answer for you. <>

The solution to the over-dividends of the partners is as follows: you can try to negotiate with the partners, and according to the conditions for determining the establishment of the partnership code, the partners need to enter into a written agreement on the specific circumstances such as capital contribution, so you can negotiate with the partners first according to the partnership agreement and ask the other party to pay dividends in a timely manner. Go to the court to file a lawsuit, and it can't be resolved through negotiation, but if there are many dividends, then it is recommended that you actively go to the court to sue.

Legal basis: Article 502 of the Civil Code of the People's Republic of China A contract established in accordance with law shall take effect at the time of its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions.

If the failure to go through the formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations. Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.