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Article 35, paragraph 2 of the General Principles of the Civil Law of China stipulates that "the partners shall be jointly and severally liable for the debts of the partnership, unless otherwise provided by law." ”
In actual legislation, the requirements for partners to invest in a partnership enterprise and operate a partnership are generally the same in various countries, while the natural identity of the partners, the form in which the partners bear responsibility for the debts of the enterprise, and the limitation of civil capacity vary due to differences in legal systems and customs. In terms of the identity of the partners, most countries stipulate that the partners can be natural persons or legal persons, that is, legal persons are allowed to participate in the partnership; A few countries prohibit legal persons from participating in partnerships. In terms of the capacity of partners, all countries prohibit incapacitated persons from participating in partnerships, but some countries allow or prohibit the participation of persons with legal capacity in partnerships.
1. On the form of liability of the partners. The form of liability of partners refers to the way in which partners bear responsibility for the debts of the partnership, which is the essential feature of a partnership that distinguishes it from a legal enterprise. As for the form of liability of partners, the laws of different countries have different provisions, some require all partners to bear unlimited liability, some stipulate that partners can bear limited liability, some allow some partners to bear limited liability on the basis of unlimited liability for enterprise debts, and some also require partners with unlimited liability to bear joint and several liability for enterprise debts.
China's Partnership Enterprise Law stipulates that partners shall bear unlimited joint and several liability for the debts of the partnership.
2. Rights and obligations of partners. As investors in a partnership, partners have rights and obligations in the business. Generally speaking, the right of a partner is to operate a partnership, participate in the execution of partnership affairs, and enjoy the distribution of profits from the enterprise; The obligation is to comply with the partnership agreement, bear the operating losses of the enterprise, and increase the investment in the enterprise as needed.
Since a partnership is a personal enterprise, the rights and obligations of the partners are mainly stipulated in the partnership agreement, and some specific rights and obligations can also be determined by all partners after the fact. However, the law also regulates the specific rights and obligations of some partners.
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Depending on the nature of the factory, if it's a company, then it's a loss for the company, and it won't be counted on the individual, and if it's a partnership, then it might involve the individual.
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If it is a shareholding, then the risk is shared! It can be solved by law!
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Ah, if it's the shares, then of course you shouldn't pay him back.
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What about the original shareholding contract? What about cooperation agreements? Yes, it's a problem if you don't have anything, at least there must be a document to prove that you are one of the shareholders!
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It should be 35 + 35 + 10 = 800,000, so your stake should be 12.5 percent. But it also depends on the specific situation. Thank you.
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In the total amount of investment, you invest a few percent, and you lose a few percent. According to the current investment, your 100,000 accounts for 800,000 of the total investment, then you are the total income from making money, and if you say you lose, you also lose.
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That's 3, on average, 100 divided by 80, but you're a latecomer, so you'll have to discuss it with the first two people.
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Tangible assets plus intangible assets multiplied by 40% is the amount that the new shareholder should pay. Tangible assets are easy to calculate, but intangible assets are not easy to calculate, and they need to be evaluated.
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For companies that have just started a business, most of the equity distribution adopts three divisions:
1. Equal distribution.
The advantage is that everyone is blessed to enjoy together, and everyone solves problems together, but this approach is difficult to survive in real life, and sometimes, everyone's opinions are not unanimous, which will reduce efficiency.
Second, the individual has the final say.
The boss accounts for 80%-90% of the shares and has the absolute right to speak, although the efficiency of a business is very high, but if you have the right to speak, it is often easy to be stubborn.
3. Differentiated distribution of equity.
For example, if the number of entrepreneurs is less than 5 people, the boss should account for more than 51% of the shares, and if the number of entrepreneurial partners is more than 5 people, the boss can account for no more than 51% of the shares.
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1 percent to 5 percent of the employee's shares, depending on how much you set per share.
Depending on your situation, you want to start a business together, or you can increase the proportion of salary to 33% to leave room for future financing.
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Go to an appraisal firm to do an appraisal of your company's assets, both tangible and intangible. Then calculate how much of your company he invests in your company based on the appraised value of the assets. For example, if your company's current asset appraisal value is 350,000 yuan, and he invests 50,000 yuan, the proportion of his investment should be.
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Ensure that you are the main thing, and ensure that you are not passive in the future. At the same time, it is also necessary to communicate more, after all, understanding is the key to long-term cooperation.
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Make an asset appraisal report, take out 10% of the shares as a reward at the end of each year, and the remaining 90 will be distributed by the two of you through negotiation, and the negotiation will not be achieved according to the proportion of capital contribution
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Calculated according to the proportion of shares and the amount of investment. For example, if the company's assets are 100,000 yuan, you account for 20 percent, and another individual invests 100,000 yuan, and your assets become 200,000 yuan, you can only account for 10 percent.
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Math or Law?
The math problem is that he invested 10 yuan back then, and now it has become 20 yuan, and the reasonable legal problem is according to his equity proportion, if the company is still there, at least 1000 times the market value of the year! Well, the 200 yuan is not right!
Because he doesn't exist in the bank!!
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60 years ago, it was the first set of renminbi, and the ratio between the second set was 10,000 to 1, and it has not changed since.
100,000 yuan 60 years ago is equivalent to 10 yuan now. 60 years ago, 10 yuan can now rise to 200 is good.
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Therefore, ** is not a way to get rich, at least for conservative investors, you can understand the master of the operation**.
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Company bankruptcy, restructuring, dissolution and other reasons, mergers based on policies, currency depreciation, etc.
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This 100,000 is the currency issued by the liberation (53 years ago), and 10,000 is equal to 1 yuan, that is, 10 yuan, which is reasonable to 20o yuan.
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As we all know, the market is not eternal, it changes with the flow of the capital market, and the factors that affect it are also diverse, a day ago** and a day later** may be very different, not to mention 60 years later? Therefore, ** is not a way to get rich, at least for conservative investors, you can understand what kind of quality the master of operation ** should have, you will understand the origin of this problem.
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60 years ago, 10,000 yuan before the currency reform was equal to 1 yuan after the currency reform. That is to say, he invested 10 yuan at that time, and now he has cashed out 200 yuan, which is 20 times more valuable.
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Does it depend on what kind of company is the shareholder? Otherwise, it will be cashed out for you, and you can go to the current company as a duck to consult.
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**Impermanence, instantaneous risk, similar to gambling, psychological strength. 100,200 is also normal, it can also exceed 100 million, and it can also be fine.
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Because a long time ago, the exchange ratio of banknotes between the old and new renminbi was 1:10,000. Later, with some interest factors, the man only got 200 yuan in the end
So this also makes the man's original share certificate worth 100,000 yuan now only worth a measly 200 yuan. Because many people feel that there is no difference between the previous system and the current system, this is a complete mistake, because many systems in front of the bank are decided by the bank.
Banks are unlikely to give much benefit to the people. Although theoretically speaking, a man's share certificate can indeed be worth 100,000 yuan, but once such a start is made, the bank will bear a very large loss of profits. So we see that the man only got 200 yuan in the end, and that's why he did.
Because if the situation like the man occurs repeatedly, it will cause a great loss of interest to the bank.
Of course, the most important thing is that due to the wallpaper reform, there is no 1:1 ratio between the new yuan and the old yuan. This also makes the old renminbi not so valuable
Although the value of the new renminbi is getting lower and lower due to inflation, it is far more valuable than the old renminbi. Because now the new renminbi is the mainstream common currency, and the old renminbi has withdrawn from the stage of history early.
In fact, it is not uncommon for people like this man to have their money stored in the bank for many years, but then they did not receive a very large interest for it。This has also seriously damaged the interests of many people. Therefore, once you have spare money in hand, you should do some investment things in time.
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The dividends have been calculated, that is, if you invest how much money, then how much money can be distributed to you, but this is equivalent to an investment is risky.
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If you really want to invest in becoming a boss, then you should do the following things.
The first is whether the company can be truly profitable, which is the key.
The second is to go to the company's business license registration authority, take a picture of the "Articles of Association" and study it carefully. In particular, the rules of procedure.
As for the current shareholders of the company, how much employees invest and how to distribute dividends, they can only be referred to. Don't take it too seriously.
If employees are going to buy shares, then you need to find a way to win over shareholders with more than 51% of the total shares. Then, we analyzed the company's strengths, revised its articles of association, redesignated the management, and completely transformed the company into an innovative company similar to Huawei.
The premise is that the company must be able to make a profit, so that it has the meaning of equity participation. Otherwise, if you don't participate in the shares, no one will dare to force you.
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Investment depends on whether the enterprise is profitable. You can negotiate dividends with major shareholders.
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Such a high short promise is afraid that it is a routine and illegal fundraising.
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Dividends should be assessed according to equity, and the same rights should be truly achieved.
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If the boss treats you badly, you can go to the court to sue him, if it is normal, you will collect money evenly and lose your heart, not afraid of ghosts knocking on the door If you invest how much money, you can have a good celebration, find dream friends, invite them to a meal together, chat, chat, drink tea.
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Now you can't get it back if you quit, since it's a partnership, don't quit. The income is 150,000, 200,000 is the operating capital, and the equipment is 100,000, a total of 450,000 assets, in fact, there are not so many assets, because the equipment is to be depreciated, and the income is not net profit, which must be identified and the income is taxed to know the real assets and, but it can be preliminarily expected to be about 38-400,000, that is, you will get about 12-130,000 yuan for the withdrawal of shares. Hehe, that's good, 100,000 earns 20,000 a year, and the yield is 20%, which is quite high.