How to sign the equity investment agreement and how to sign the equity agreement

Updated on Financial 2024-03-27
3 answers
  1. Anonymous users2024-02-07

    The signing name must be the name of the person responsible or the organization.

  2. Anonymous users2024-02-06

    When signing the share agreement, you need to understand several key points in the agreement, which is very critical and related to the responsibilities that shareholders should bear.

    The first point is that the proportion of shareholders' capital contribution and the allocation of equity, the registered company needs to have registered capital, and the partnership needs to have a clear agreement on the proportion of capital contribution between them, and the equity distribution has direct benefits to the partners, so a reasonable equity distribution mechanism is also necessary.

    The second point is that a clear division of labor and profit and loss bearing, the division of labor should be clear, who is the CEO of a company, who is the CTO and other different positions, mainly to clarify their respective work content, profit and loss bearing is to make it clear, how to bury the loss of the forest, how to pay dividends when the profit is made.

    Thirdly, regarding the equity transfer and accession of the relevant agreements, some partners may choose to withdraw in the early stage of the company's establishment, which may affect the development of the company's entrepreneurial projects, so it is necessary to make a specific and detailed agreement on the requirements, processes, and whether the partners who withdraw from the company.

    Fourth, different start-up companies, after the failure of the start-up, the terms of liquidation are also very different, and it is necessary to stipulate the distribution of a property between shareholders, especially the knowledge and technology accumulated in the process of starting a business, so an agreement needs to be made in advance.

    The main function of the share agreement is to stipulate that before starting a business, the partners should clarify what they need to do, and how to bear the responsibilities, how to distribute the final profits and losses, and how to liquidate the losses. In order to protect the rights and interests of each ** Dong and the responsibilities that should be assumed.

    1. How to stipulate the equity of a joint-stock company.

    The vesting period, exit mechanism and repurchase right of the founding partner are the complete management of the equity, and the acquisition, withdrawal and repurchase of the equity must be agreed in advance to avoid unnecessary disputes in the future.

    1. Entitlement period.

    The vesting period is set at 4 years, which means that employees must work for the company for 4 years before they can get all the equity, so as to attract, retain and motivate outstanding employees.

    2. Exit mechanism.

    The result of only entering and not leaving will only block the road. The equity value of the start-up company is earned by all liquid-based partners for long-term service to the company, and when the partners withdraw from the company, their equity holdings should be withdrawn in a certain form.

    The advantage of agreeing on an exit mechanism in advance is that, on the one hand, it is fairer to other partners who continue to work in the company, and on the other hand, it is also convenient for the sustainable and stable development of the company.

    3. Repurchase. When a shareholder withdraws, transfers or transfers shares in the middle of the process, the company can repurchase the shares in the hands of the shareholder according to the discount price of the company's valuation at that time, the premium of x times the original purchase price or with reference to the company's net assets.

  3. Anonymous users2024-02-05

    Legal analysis: The precautions for equity investment agreements are: 1. The investor cannot make a capital contribution with the statutory property that cannot be used as a capital contribution; 2. The agreement shall be concluded in accordance with the law; 3. The agreement should clearly stipulate the amount, time limit, place and method of payment.

    Legal basis: Company Law of the People's Republic of China Article 27 Shareholders may make capital contributions in currency, or in kind, intellectual property rights, congratulatory letters of land use rights, and other non-monetary assets that can be valued in currency and can be transferred in accordance with the law; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations. The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued.

    Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions. Article 71 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.

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