The question of how partners pay dividends or take shares

In addition to daily expenses, dividends other than the salaries of the three people are divided according to shares.

A and B are investors, should account for at least 52% of the equity, taking 60% of the equity as an example, then A and B each share 30% of the shares according to the technology, whose technology is the company's core competitiveness who accounts for the majority of the remainder, 20%, the remaining two 10% each

According to the responsibility of the shares, the leader 20%, the remaining 10%.

Let's discuss the specifics. Hold a meeting to discuss the importance of the three people and how many points they will get for their contributions, such as C 45, D 60, E 34, and everyone who has no objection to this ratio will share the remaining 40% according to this ratio.

Controlling interests are divided into absolute and relative holdings. The former refers to an absolute advantage in shares, which must be more than 50%. The latter refers to the fact that although it does not reach 50%, it is a relatively majority of shares among many shareholders, that is, it is a relative controlling shareholder.

In the case of such an investment, you do not have a controlling stake in your hands. Several of your investors are shareholders with the same shares. In this case, you can negotiate with your partner that you invest more and have a relatively controlling stake.

As for the equity, it depends on how much your goods are worth, and then it is distributed according to the ratio.

This issue is not clearly stipulated in the relevant legal provisions, and it must be required before the establishment of the company.

If the three parties do not disagree with the content of the contract, then it will be implemented according to the content agreed upon by you at that time, and it is recommended that you find a lawyer from a professional company to help.

You negotiate the amendment, and then it takes effect after notarization!

Submit written proof as evidence for future disputes!

Legal analysis: Most of the distribution of cooperative shares adopts three distribution methods, namely equal distribution, absolute control and differentiated distribution of equity. If the efficiency of decision-making is relatively low when the opinions are not in agreement, the advantage is that you can share risks and enjoy benefits together; The advantage of absolute control is that the decision is efficient, but the risk is greater than the other two methods; Differentiated equity allocation is a combination of the best of both approaches, and the market penetration rate is now the highest.

Legal basis: Article 216 of the Company Law of the People's Republic of China The following terms in this Law have the following meanings:

1) Senior management refers to the manager, deputy manager, financial person in charge of the Public Enlightenment Inspectorate, the secretary of the board of directors of the listed company and other personnel specified in the articles of association.

2) The controlling shareholder refers to the shareholder whose capital contribution accounts for more than 50% of the total capital of the limited liability company or whose shares account for more than 50% of the total share capital of the company; Shareholders whose capital contribution or shareholding ratio is less than 50%, but whose voting rights are sufficient to have a significant impact on the resolutions of the shareholders' meeting or shareholders' general meeting according to the amount of their capital contribution or the shares they hold.

3) "Actual controller" refers to a person who is not a shareholder of the company, but is able to actually control the company's behavior through investment relationships, agreements or other arrangements.

4) "Related relationship" refers to the relationship between the controlling shareholder, actual controller, director, supervisor and senior management of the company under public reform and the enterprise directly or indirectly controlled by it, as well as other relationships that may lead to the transfer of the company's interests. However, state-controlled enterprises are not only related to each other because they are also controlled by the state.

Legal analysis: the equity distribution of the partner should still be distributed according to the amount of capital contribution or capital contribution for technology shares or capital shares, if you want to divide equally, then if the amount of capital contributed by four people is exactly the same, then 100% of the shares will be divided into four points, if someone contributes more funds, should account for more shares, and those who participate in the operation should also appropriately increase the shares. The method of capital contribution and the proportion of equity should be clearly stated in the contract.

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 seek 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 shareholders claim to exercise 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. Where the articles of association of the company have other provisions on the transfer of equity, such provisions shall prevail. Skin.

In partnership entrepreneurship, some people contribute money and some people contribute, how to divide dividends according to their respective circumstances?

Partnership Law.

Article 33 The distribution of profits and losses of a partnership enterprise 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.

If there is no agreement with reference to Article 33 above, the company shall participate in the distribution of profits in proportion to the proportion of capital contribution, and bear the losses in proportion to the capital contribution. As for the commission you said, I don't know what the commission is, if it's a business commission, she didn't do anything, of course not.

1. In the start-up period of the enterprise, it is very unreasonable for the new external shareholder to control the owner, first of all, a capital investor does not understand the industry and has to manage the industry There are many problems; Second, if a large amount of the operator's hard-earned profits are distributed to the investor, the operator becomes a wage earner in the actual sense, and the profit distribution mechanism within the enterprise is unreasonable, which can easily lead to contradictions. Equity is the lifeblood of an enterprise, is the original shareholders require the development of financing behavior, external capital into can be considered in the distribution of interests to give care, this right is the majority of equity voting formation, if the equity is less, what can have the final say?

2. Your consideration is very thoughtful, as the bottom line is at least 35% of the equity, and the company law stipulates that two-thirds of the resolutions passed by the shareholders' meeting must be passed. With 35% equity, it is equivalent to a veto, avoiding entrepreneurs from being kidnapped by capital. What is the main and what is the secondary, you see very clearly.

3. About interests. Investing in enterprises is to look at expectations, not at the present. Therefore, agree that technology accounts for 10%, and similarly, the accumulation of market and operation is also intangible, although your initial investment does not directly form much benefit, but all investment is an expense, which may not be seen, and it does not exist on the books, so the actual value of the enterprise is underestimated.

Further negotiations can be held on the basis of the determination of the principles regarding the distribution of equity.

4. In your introduction, the equity ratio in the equity design plan does not seem to be correct, and there seem to be other situations.

I don't think the conditions you gave were enough.

For example, if A pays B C a worker's wages, how much "monthly wages" should be paid

Also, what is the value of the site given by A? "Value per month".

If the space given by A is equal to the salary of B and C, then everyone's shares should be 33% and the remaining 1% is divided equally after sharp cash.

In general, the conditions you gave are not detailed and lack 2 conditions:

1: How much is the monthly salary of 2 people in B and C?

2: How much is the value of A's venue every month, which means how much is the monthly amount of A's venue renting out

If the conditions are sufficient, I can write you a contract.

If you need it, send me a small message.