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Equity distribution, equity design, etc. are based on the actual situation of the enterprise, and the way of capital contribution of partners and so on and then designed, not as simple as you imagine, it is recommended to consult a professional equity institution Fa Caida, a special lawyer + special accountant team to deal with, adhere to the landing, not to talk about false. If you want to know more about it, you may wish to go to know and search for it.
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In general, most of the distribution methods of the equity of the three people adopt the following three divisions:
1. Distribute equally. If the three contributions are the same, then the equity can be distributed equally;
2. The individual has the final say. If one of the parties has an absolute advantage in the capital contribution, then it is up to that party to decide;
3. Differentiated distribution of equity. Equal distribution and individual dominance are both equity distribution methods that are not conducive to the development of the company.
Extended information: Equity is a comprehensive right of the shareholders of a limited liability company or a stock **** to the personal and property rights and interests of the company. That is, equity is the right of shareholders to obtain economic benefits from the company and participate in the operation and management of the company based on their shareholder qualifications.
Equity is the shareholder's investment share in the start-up company, that is, the equity ratio, the size of the equity ratio, which directly affects the shareholder's right to speak and control the company, and is also the basis for the shareholder's dividend ratio.
Equity is the rights of shareholders, and there are broad and narrow senses. Equity in a broad sense refers to the various rights that shareholders can claim against the company; Equity in the narrow sense only refers to the right of shareholders to obtain economic benefits from the company and participate in the operation and management of the company based on their shareholder qualifications.
Generally speaking, equity refers to the rights enjoyed by investors due to their investment in citizen partnerships and corporate legal persons.
When investing in a partnership, the shareholders bear unlimited liability; In the case of investment in a corporation, the shareholders bear limited liability. So although both are equity, there is still a difference between the two.
The content of equity to corporate investors mainly includes: shareholders have the right to bear civil liability only to the extent of the investment amount; Shareholders have the right to participate in the formulation and amendment of the articles of association of the legal person; Shareholders have the right to serve as the manager of the legal person or to decide on the person who is the manager of the legal person; Have the right to participate in the general meeting of shareholders and decide on major matters of the legal person; the right to receive dividends from corporate legal persons; Shareholders have the right to transfer equity in accordance with the law; There is a right to recover the remaining property after the termination of the legal person. These rights are derived from the rights enjoyed by shareholders when they invest in legal persons.
Except for the first item of the above-mentioned equity, the equity of investors in the partnership organization shall have exactly the same corresponding rights.
Equity and legal person property rights and partnership organization property rights are the ownership of investment property. The purpose of the investor's investment in the investee is to make profits, and it is to hand over the property to the investee for operation and bear civil liability, rather than giving the property to the investee. Therefore, the property rights of legal persons and the property rights of partnerships are rights of limited authorization.
The rights granted are the property rights of the investee, and if they are not granted, the rights that remain in their hands and the rights derived from them are equity. Both are incomplete ownership. The property rights of the investee mainly reflect the external form of ownership of investment property, while equity mainly represents the core content of ownership of investment property.
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For 3 people, there must be one person who accounts for more than 51%, and the other is divided among the remaining two people.
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The company's equity ratio should be written into the company's articles of association, and the formulation of the company's articles of association requires the consensus of all shareholders. Therefore, the non-equity ratio is set or distributed by a certain shareholder.
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This is usually the case where the equity is allocated in proportion to the investment, or an equity distribution agreement is signed.
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How to distribute the equity of the three-person partnership reasonably.
A and B are both out of 10w, C out of 7w, and B and C are not aware of management and technology. A is solely responsible for the company's operations, B participates in the company's operations, and C does not participate in the company's operations. How does this distribute equity?
Do you want to divide capital shares, technology stocks, human resources stocks or something? If so, how to proportionate? Let's have a big brother to help answer the question, and if you have a coin, you will definitely give it.
The three of them opened a store in partnership|
I partnered with my friends to open an office furniture company, the two of them didn't understand this line before, now one person has a big order, want to be the boss, 55% of the profit also set the amount of tasks, 300,000 he half of us 25% I still want the boss business volume is not as good as him, what should I do! I'm helpless, everyone knows I'm working on furniture, what can I do! Thank you for your advice, anxious, friend is too realistic, my Liangshan thinking is not good!
Thanks thanks! You should write an agreement, according to the amount of shares invested to approve the shares, as for who is the boss is not the most important, the three people must always have a person in charge, all the profits have to be divided according to the investment of shares, and the salary and commission of the three people have to be determined according to your position and workload, for example, a friend of yours can give a commission in this regard, not that he has to be the boss or have to pay more money after taking the order, so that you can't cooperate, find a lawyer to write the equity of the three of you clearly, Individual salaries and positions are then approved.
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The method of equity distribution of a company created by three people is as follows:
1. Distribute according to the proportion of capital contribution, who invests more funds in the company, the more proportion the company allocates, which is a fair and just method;
2. If the capital contribution is equal, we can also allocate it in the way of other asset inputs, including patent and knowledge inputs.
For a company founded by three people, the issue of equity distribution is an important issue. Only when the company's equity distribution is fair and just, can the company's partners reach a consensus and have the possibility of continuing to cooperate, which will make a good start for the company. If there are still many disputes among the company's partners on the issue of equity, the company is likely to die in the process of development, which is very detrimental to the development of the company.
In addition, in the process of development, the company will face a variety of problems, but also need to make joint decisions between partners, only the relationship between partners, good development, the development of the company will be more smooth. Therefore, the relationship between partners must be handled properly. We should also consider our own interests, but also take into account the development of the company and the interests of others.
3 personal partnership, the nature of the partnership project is different, the equity distribution principle of the partnership is different, if it is a technology-based project, or even a partner is the controller of the technology, the owner of intellectual property rights, then in this case, it is still necessary to ensure that the technology shares can not exceed 34%.
Because partnership business technology may be the core, but it also needs marketing promotion, business transactions, team management, talent training, business decision-making, etc., technology is a relatively stable and certain job, and marketing, management, decision-making need to face more uncertainties.
Article 139 of the Company Law of the People's Republic of China shall be registered and transferred by shareholders by endorsement or other methods prescribed by laws and administrative regulations; After the transfer, the company shall record the name and address of the transferee in the register of shareholders.
Within 20 days before the convening of the general meeting of shareholders or within 5 days before the date of the company's decision on the distribution of dividends, the registration of changes to the register of shareholders specified in the preceding paragraph shall not be carried out. However, if the law has other provisions on the registration of changes in the register of shareholders of listed companies, such provisions shall prevail.
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It can be allocated with reference to the proportion of capital contribution and the proportion of labor expenditure.
1.The distribution of shares in a three-person partnership is determined by the three people through negotiation, and can be distributed with reference to the proportion of capital contribution and labor expenditure.
First of all, the equity of these two parts is clearly determined, and as for the operating equity part, after the total proportion is determined, it can be evaluated by considering the responsibilities and abilities of each person in the team. There may be contention in this regard, and some simple virtual equity performance evaluation system should be set up. That is to say, in the process of starting a business, the equity of the shareholder is adjusted to a certain extent with the change of individual performance.
This system is neutral, so the distribution ratio of management equity is also divided according to responsibilities and positions, so as to determine the distribution content.
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It is calculated according to the amount of capital contribution, but if your business knowledge is patented, it can also be used as Yuanhui's intangible assets as capital contribution, which is ****.
At present, there is no unlimited company in China, and the unlimited company is responsible for unlimited orange filial piety (partnership enterprises generally bear unlimited liability), even their own private property, and **** (including joint-stock companies) is only liable to the limit of the subscribed capital contribution.
The difference between a limited liability company and a share ****, in addition to the number of people, the way of establishment, whether the capital is divided into a number of equal shares, etc., there is also a difference in the minimum limit, the minimum of 30,000 yuan for a limited liability company (Laws and RegulationsExcept for higher provisions), the minimum share **** is 5 million yuan. Therefore, in addition to preparing for listing, or the number of shareholders is too large, the "limited liability company" is generally chosen.
The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe. ”
Article 13 of the Company Law of the People's Republic of China stipulates that the legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.
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The equity distribution of the three individuals can be made in kind, technology, or money. Typically, the equity can generally be 100%. If it is funded by three people, then 30%, 30% and 40% can be used to distribute the equity.
Or it can be distributed in 33%, 333% and 34% ways. There has to be a person as the manager.
Partnership Enterprise Law of the People's Republic of China
Article 17. The partners shall fulfill their capital contribution obligations in accordance with the method, amount and payment period agreed in the partnership agreement. Where non-monetary assets are used to make capital contributions, where it is necessary to go through formalities for the transfer of property rights in accordance with the provisions of laws and administrative regulations, it shall be handled in accordance with law.
Article 16. The enterprise registration authority shall, within 30 days from the date of receipt of the application for registration, make a decision on whether to register. Those who meet the requirements of this Law shall be registered and issued a business license; Those who do not meet the requirements of these regulations are not to be registered, and a written reply shall be given, explaining the reasons.
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The general process of company deregistration:
1. Liquidation of the company's assets. After the company decides to dissolve, a liquidation team will be established, and the company's liquidation announcement will be published through the enterprise information publicity network or newspapers, and the corresponding creditors will be notified, and the company's assets and debts will be liquidated after the publicity is completed. >>>More
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