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The difference between partners and shareholders: 1. The applicable laws and regulations are different, and the difference between partners and shareholders is that partners are applicable to the Partnership Enterprise Law.
Shareholders are subject to the Companies Act. 2. The identities are different, and the partners are ordinary partnerships and limited partnerships established in accordance with the "Partnership Enterprise Law", that is, investors of unincorporated organizations; Shareholders are limited liability companies and shares established in accordance with the Company Law, that is, investors of independent legal entities (the register of shareholders is kept in the company and is registered for industry and commerce). 3. In addition to the capital contribution in money, in kind, intellectual property rights, land use rights and other assets, the general partner can also use labor capital contribution.
Shareholders are not allowed to contribute capital with labor services. 4. The form of liability is different, because the partnership does not have the legal personality, it does not have independent liability capacity, so the general partner bears unlimited joint and several liability for the debts of the partnership. For the company, whether it is a limited liability company or a share, it has an independent legal personality, has independent corporate property rights, and is liable for the company's debts with all the property owned by the company itself.
Shareholders have limited liability only within the scope of their capital contributions.
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If the founder breaks through 0, the entrepreneur can go from 0 to 1, or from 1 to n, all of them are starting a business. Let the enterprise develop, what is the difference between the two, let's listen to the interpretation of Bao Jiejun, the president of Guiran Academy.
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Entrepreneurship requires projects. Projects need teams. In the 21st century, the team is the wealth.
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If you start a company, the founder is the initiator of the company, and in most cases, the person in charge (boss) of the company, and the partner is the person who invests in the company, and most of them appear as shareholders. The founders are the initiators of the investment, and the partners are the responders of the investment. If it's a business, it's only a partner, not a founder (at least I haven't heard of it).
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Summary. Hello, I have seen your problem here, please wait a minute.
Hello, I have seen your problem here, please wait a minute.
The founding partner refers to the person who has just started to create this ** or investment company, has entrepreneurial ability, and has an entrepreneurial mentality, and invests manpower, material or financial resources at the beginning of the establishment of the enterprise, and contributes money and efforts, and is an entrepreneur who takes risks together with the enterprise. is the largest contributor to the company and the one who is primarily involved in the distribution of equity.
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A venture partner is a person who has entrepreneurial dreams and management skills, joins a new start-up, and struggles for the development of the enterprise together.
In fact, when we choose a venture partner, the other party can be a friend, classmate, or colleague, etc., these are not important, the important thing is whether you recognize each other's character and whether your ambitions are the same.
When choosing a partner, we should focus on the following 4 characteristics:
Character: Remember that good character is always the basic law.
Easy to communicate and good at learning.
As the saying goes, "Planning is not as fast as change." "At the beginning of our business, we may have made a detailed business plan, but as the market changes, our plans need to be adjusted at any time.
In the process of adjustment, in addition to having a positive attitude towards each other, we must be able to listen to each other's ideas and attitudes in a timely manner. Communication is particularly important in this process, otherwise, if you don't communicate well, you can't work together effectively.
Know how to give and love.
Therefore, if you know how to let the other party take a step in everything, the other party will also let you take a step, so that it is possible to cooperate more comfortably and easily.
It is necessary not only to have lofty ideals, but also to have continuous enthusiasm.
"Starting a business" is different from "part-time work", in "part-time work", there may be subordinates to do some daily things for you, and a boss to guide you. However, in the early stage of entrepreneurship, we need to do everything ourselves, such as facing a series of big and small things such as business and customers. For this reason, if we only have ideals, but we don't bother to do some specific work, and always want to be a "commander-in-chief," this is often unrealistic.
In the early stage of entrepreneurship, it can be described as "a hundred wastes waiting to be revived", and the partners should be able to experience the ups and downs of the process together, which can also strengthen each other's feelings and confidence in entrepreneurship.
In short, when choosing a partner, entrepreneurs should not only think of "how much to contribute", but also consider the quality and ambition of the partner itself.
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In the early days of the start-up, Kaejo announced friendly negotiations on the design of the equity structure and the distribution of shares. At the beginning of the venture or the initial stage of subsequent partners, the founders and other venture partners are most likely to negotiate the equity structure design and equity distribution in an open and friendly manner, and even the occasional small quarrel is far better than the subsequent splendor of equity disputes and disintegration. If there are a large number of initial venture partners, it is recommended that the founder or main venture partner hold 50-55% of the shares, and in addition, the founders' shareholding ratio, especially the control voting rights, can be higher when the company is just established, such as 67-89%.
Extended Materials. The judgment of the distribution of the holdings of chips is the basic premise of the operation, and if the judgment is accurate, the hope of success increases a lot. There are several ways to determine the distribution of shareholdings:
1. Through the statements of listed companies, if the share capital structure of listed companies is simple, only national shares and tradable shares, most of the top 10 shareholders hold tradable shares, and there are two ways to judge: one is to add up the tradable shares held in the top 10 to see how much is mastered, which is suitable for analyzing the degree of intervention of institutions. The second is to speculate on the situation after 10, some people think that if the last shareholding is not less than the concentration of chips in the stock, it can be judged that the concentration of chips in the stock is more concentrated, but the bookmaker can sometimes make a fake, they keep the chips of the first few shareholders, so that it is difficult to see the change, but one thing is certain, if the 10th shareholding is less than the outstanding shares, then the latter is lower, then the concentration can be judged to be low.
2. Through the public information system, the transaction information of the daily rise and fall of more than 7% is announced every day, mainly the name and transaction amount of the first five business departments or seats with the largest transaction amount. If the volume is large**, most of the announcements are concentrated sellers. This information can be found on the computer or in the newspaper.
If the transaction value of these sales department seats also accounts for 40% of the total transaction value, it can be judged that there is a bank in and out.
3. From the perspective of the handicap and the disk, the disk refers to the first-class chart and the volume histogram, and the handicap refers to the real-time first-time transaction window, and there are two main types of positions: low-absorption and high-level positioning. The daily trading volume of low-absorption positions is low, which cannot be seen on the disk, but it can be seen from the fact that the outer disk of the market is greater than the inner disk.
It can be seen from the disk that when the dealer ships, the stock price is often sluggish, or the form just falls again, and it is generally the amount of **, which can be clearly seen.
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The founder, English founder, is generally the founder of the enterprise, usually the initiator, owner and core leader of the enterprise during the establishment period. For example, Yu Minhong, the founder of New Oriental, and Liu Chuanzhi, the founder of Lenovo.
Co-founder, English co-founder, refers to a number of entrepreneurial partners in the initial stage of an enterprise, and has played a central and key role in the establishment of the enterprise. For example, Google's founders Page and Brin, Apple's founders Jobs and Wozniak.
Chief Executive Officer, English CEO or Chief Executive Officer, refers to the leader of enterprise operation and management, responsible for all matters of the daily operation and management of the enterprise, and is the most powerful in a group of CXOs, which is equivalent to the general manager who used to say. The CEO is appointed and delegated by the Board of Directors and is accountable to the Board of Directors. The initial business is usually held by the founder, or it may be an external professional manager.
For example, Tim Cook, the current CEO of Apple, and Yang Yuanqing, CEO of Lenovo.
Partner, English partner, refers to the shareholder or investor of the enterprise. Partners can assume the role of business management, or they may only be responsible for capital contribution but not participate in the business affairs of the business.
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1. The investment is different.
The general partner can contribute in money, in kind, intellectual property, land use rights or other property rights, and if it is very powerful, the general partner can use labor services to contribute; Limited partners, on the other hand, are not allowed to contribute capital with labor services. (This is the only difference between the general partner and the limited partner in terms of capital contribution method).
2. Responsibility for corporate debts.
The general partner shall be jointly and severally liable for the debts of the partnership, and the limited partner shall be liable for the debts of the partnership to the extent of the amount of capital contribution subscribed by the limited partner.
3. Transfer of capital contribution shares.
Unless otherwise agreed in the partnership agreement, if the share of the general partner is transferred internally, the other partners shall be notified, and the notice is sufficient, and the consent of the other partners is not required; In the case of an external transfer, the transfer shall be subject to the unanimous consent of the other partners, and the other partners shall have the right of first refusal under the same conditions; When the limited partner transfers the property share to a person other than the partner in accordance with the agreement, it is sufficient to notify the other partners 30 days in advance.
4. The pledge of the capital contribution share.
If the general partner pledges his share of the property in the partnership, it must be unanimously agreed by the other partners; Unless otherwise specified in the partnership agreement, a limited partner may pledge its share of property in the limited partnership.
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How to find a suitable partner, here are a few points for reference, hope!
The first three views are the same, and the values of the collaborators must be the same.
The so-called three views are whether your world view, outlook on life, and values are consistent.
Sometimes, even if the collaborator is your good friend, it does not necessarily mean that your three views are the same. Because life is not enough to test your three views. But business involving the distinction of interests can be tested.
Especially in terms of values, we must have a bottom-line thinking in doing things. For example, you can't do things that are illegal or illegal. You can't do business by deception, you can't do business by deception.
The second point is a shared vision, i.e., is there a common vision for the long term?
What are we going to make this company look like? Visions are big and small. For example, when many of our designers start their businesses, they want to become the most influential designer brand in China, or even want to be a luxury brand, which is no problem.
But the problem is that you have to find a partner who shares your vision.
The third point is to be principled in doing things.
So, in terms of doing things, what things can we be more inclined to do? What are some things you will definitely not do? What are the things to do and not to do? That's the principle of doing things.
The fourth complements each other in character.
In fact, there is no good or bad character, it only has suitable scenes. For example, some people are a little anxious, and some people are a little slower.
If both people are in a hurry, they will often quarrel together. One rush and one slowness can make the pace of this thing develop just right.
The fifth point is professionalism.
Doing business always involves different professions, and some people are good at sales; Some people are good at internal management; Some people are good at product development; Some people are good at operations, and it is best to complement each other professionally. If everyone is good at the same thing, it will be difficult for the team to go far.
The sixth point is age.
I think it's better to have a certain age difference, and a lot of entrepreneurs nowadays like to get together with peers. For example, several classmates started a business together. Of course, this kind of entrepreneurship will not be successful, but there are several problems that will occur when starting a business of the same age.
First, because their life experiences are relatively similar, they tend to be immature when dealing with situations that they have not encountered and require life experience.
The better ones are the "three generations of old, middle and young". For example, if you are 25 years old now, it is better to find someone around 35 years old to partner with. There can be another 40-50 year old person on it. One is active; The older ones are very energetic, have experience in thinking, and have social resources.
The seventh point is about equity.
For example, when two people are partnered, the equity is set at 50:50. In fact, I have seen many such cases in reality, and it is not a good distribution ratio.
Be sure to have a size ratio. It's important that someone has the final say. In most cases, it is negotiable.
But in the end, if there is always one person who makes a decision on some issues that are very different from each other, that is the person with the largest equity.
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