Is it appropriate to partner with an unfamiliar person, and he wants to hold a holding?

First of all, the two of you should be based on two people. The amount of investment to sign an agreement. The agreement details how much each person will own. In this way, it can avoid unnecessary conflicts between two people because of shares in the future.

Hello, it is better to hold the company. The best form of holding for a new business is for a company to hold it, not an individual. Individuals who receive dividends from the invested company also need to pay individual income tax, and the company's dividends from the invested company are tax-free.

For example, it is better to invest in the main company (b) under the name of company (a) Shoyoshi Akino! In the name of the company, the shareholder company (a) has at least two forms of public spine guessing as a reference, one is a limited liability company and the other is a limited partnership.

If your main company has a loss, the responsibility will be borne according to the company's registered capital (limited partnership is more complicated) Another aspect is tax saving, in the name of the company to buy shares in the tax policy (I know more about equity, not good at finance and taxation) Finally, it is also very important, if the shareholder company (a) has a lot of shares in the company (b), then your company (a) will be very valuable and very valuable. However, if you personally own shares in company (b), it will not be worthy. At the same time, if you want to cash out, it is also very easy to buy shares in company (A), and you can directly change the shareholders and legal persons of the company A in which you become a shareholder, and it will not affect the change of shareholders of the main company.

Limited partners, i.e., institutional investors and individual investors of enterprises or financial and insurance institutions participating in the investment, or partners who have been unanimously agreed to become limited partners in accordance with the law, are recognized as persons with no or limited capacity for civil conduct in accordance with the law. These people have only limited liability. Limited partners do not perform partnership affairs and are not allowed to represent the limited partnership externally.

Article 2 of the Partnership Enterprise Law The term "partnership enterprise returning to its divine business" as used in this Law refers to the general partnership and limited partnership established by natural persons, legal persons and other organizations within the territory of China in accordance with this Law. A general partnership is formed by general partners, who are jointly and severally liable for the debts of the partnership. If there are special provisions in this Law on the form of liability of the general partner, the provisions shall prevail from the other side.

A limited partnership is composed of a general partner and a limited partner, the general partner is jointly and severally liable for the debts of the partnership, and the limited partner is liable for the debts of the partnership to the extent of the amount of capital contribution subscribed.

If it refers to the person who invests and contributes, the partner is the boss; If it refers to a person who performs the affairs of the partnership, some of the partners do not perform the affairs of the partnership, but elect one or more partners to represent the partnership and carry out the affairs of the partnership. Whether a partner is the boss or not depends on what the definition of the boss is. Article 16 of the Partnership Enterprise Law of the People's Republic of China Partners may make capital contributions in money, in kind, intellectual property rights, land use rights or other property rights, and may also use labor services to make capital contributions.

Where a partner makes a capital contribution in kind, intellectual property rights, land use rights or other property rights, and it is necessary to make an appraisal, it may be determined by all partners through consultation, or all partners may entrust a statutory appraisal agency to make an appraisal. If a partner makes a capital contribution with labor services, the assessment method shall be determined by the partners through negotiation and shall be specified in the partnership agreement.

It is generally the boss who participates in the investment and capital contribution of the partners, depending on the definition of the boss. If it refers to a person who performs the affairs of the partnership, some of the partners do not perform the affairs of the partnership, but elect one or more partners to represent the partnership and carry out the affairs of the partnership, which is usually not recognized as the boss.

Partners refer to organizations and individuals who invest in the formation of a partnership and participate in the partnership, and are the main body of the partnership. The first thing you have in a partnership is the partners. A partner is a relatively common concept in legal science, usually referring to a natural or legal person who invests in a partnership with his assets, participates in the partnership, enjoys rights and obligations according to the agreement, and bears unlimited (or limited) liability for the debts of the enterprise.

Partners should have the capacity for civil rights and conduct.

1. People who cooperate with others to run a business, business or participate in the same activity, and people who work together;

2. A person who engages in any activity with others. One or more of two or more persons who are in partnership for the purpose of making a business for profit;

3. A person who is considered to be similar to such a partner who has common rights and obligations with others (e.g., in an enterprise);

4. It is combined by a partnership organization;

5. A person who cooperates with or assists another person in his task or serves him;

6. An accomplice, a person who unites with another person as a sharer.

Legal basis: Article 16 of the Partnership Enterprise Law of the People's Republic of China.

Partners may contribute capital in money, in kind, intellectual property rights, land use rights or other property rights, and may also contribute capital with labor services. If a partner makes a capital contribution in kind, intellectual property rights, land use rights or other property rights, and the forest type relatives need to be appraised as a valuation, it may be determined by all partners through consultation, or all partners may entrust a statutory appraisal agency to make an appraisal. If a partner makes a capital contribution with labor services, the evaluation method shall be determined by all partners through negotiation and shall be specified in the partnership agreement.

The partner is not considered a shareholder of the company, because the partner is a form of partnership in the partnership, and the shareholder only exists in the limited liability or shares, the partnership law applies to the partner, and the company law applies to the shareholder.

Legal lead failure consultation: how to calculate the shares of a partnership company, his inventory is 1.1 million, he owes others 800,000, I invest 500,000 lawyer: the shares have been negotiated, and if there is no agreement, it will be determined according to the actual investment ratio!

Relevant legal knowledge: Article 38 of the relevant content of the "Law of the People's Republic of China on the Chain of Partnership Enterprises" stipulates that a partnership enterprise shall first pay off its debts with all its property. Article 39 If a partnership enterprise is unable to pay off its debts when due, the partners shall bear unlimited joint and several liability.

Article 40 If, as a result of assuming unlimited joint and several liability, a partner has the right to recover compensation from the other partners if the amount of repayment exceeds the proportion of his share of losses as stipulated in the first paragraph of Article 33 of this Law. Article 41 Where a partner incurs debts unrelated to the partnership enterprise, the relevant creditors shall not use their creditor's rights to offset their debts to the partnership enterprise; Nor may the rights of the partners in the partnership be exercised by subrogation. If a partner's own property is insufficient to pay off his debts unrelated to the partnership enterprise, the partner may use the income from the partnership enterprise to pay off the debts. The creditor may also request the people's court to enforce the partner's share of the property in the partnership for repayment in accordance with the law.

When a people's court enforces a partner's share of property, it shall notify all partners that the other partners have the right of first refusal; If the other partners do not purchase and do not agree to transfer the share of the property to others, they shall handle the settlement of the withdrawal of the partner in accordance with the provisions of Article 51 of this Law, or handle the settlement of the reduction of the corresponding share of the property of the partner.