Is it reasonable to distribute the shares of listed companies in this way?

There are many specific forms of corporate enterprises, especially joint-stock enterprises. The shareholding system can be divided into two types: shares and limited liability companies, the fundamental difference between these two forms is: shares can be issued and listed, and limited liability companies cannot be issued and listed.

What is a joint-stock enterprise? A joint-stock enterprise is a legal person enterprise in which two or more investors jointly contribute capital in a certain form, are established in accordance with certain legal procedures, and are for the purpose of making profits. As a modern business, it must be a corporate enterprise.

As an independent entity that does not depend on its investors at all, a legal person enterprise occupies and controls the right to operate and operate all the property of the enterprise, owns the property rights of the enterprise, assumes the debts and creditor's rights of the enterprise, and can independently develop various economic relations with other individuals. Like a natural person, it has the legal capacity to act, and it can open a bank account and borrow money in the name of the enterprise, and conclude contracts with foreign parties. The ownership of all its property belongs to the corporate legal person.

The owner of the enterprise - the shareholder, has been transformed from the original sense of the business owner to the holder of the enterprise shares, the shareholder's ownership of the enterprise property is limited to the first right he holds, he can not ask to withdraw from the enterprise, can only carry out the transfer of equity. In this way, it provides a guarantee for the stable operation of the enterprise. Joint-stock enterprises are a form of economic organization that absorbs scattered funds in the society in the form of issuance, centralized and unified use, rational operation, self-responsibility for profits and losses, and dividends according to shares, and its basic characteristics are that the ownership and management rights of the enterprise are separated, and the right to use is transformed into a centralized right to use under the premise of unchanged ownership.

A joint-stock company is an enterprise that raises funds through issuance and purchase. **The holder is a shareholder of the company. Shareholders can obtain the company's profit distribution with **.

** It is a certificate that its holder has invested in a joint-stock company and is entitled to receive dividend income. You can buy and sell, there is a market. Shareholders do not have the right to withdraw their shares, and can only sell them in the market.

Shareholders also have the right to participate in the management of the enterprise. The regular general meeting of shareholders is the highest authority of the company, which discusses and decides on the major economic activities of the company and elects the board of directors to be responsible for the management of the company. From the above two definitions, it can be seen that joint-stock enterprises are not necessarily private enterprises, and state-owned enterprises and collective enterprises can also implement the joint-stock system.

The joint-stock enterprise is not a listed company, the listed company is the company that circulates and exchanges on the exchange (market), and many joint-stock companies are not listed and circulated on the exchange.

Yes, the ** law stipulates that the proportion of public outstanding shares with a total share capital of less than 400 million shares shall not be less than 25%, and the proportion of shares above 400 million shares shall not be less than 15%.

There are usually three distribution methods for the distribution of listed equity of a company: equal distribution, absolute control, and differentiated distribution of equity. In daily life, if the equity distribution is evenly distributed, once the company has disagreement, the decision-making is not very efficient, but its advantage is that shareholders share risks and benefits.

With absolute control, decision-making is very effective, but the risk is the greatest; Differentiated equity allocation is a combination of the best of both worlds and is the most common.

It is determined according to the percentage of shares originally held in the company and the number of new issuances at the time of listing;

For example, if the company's original share capital is 100 million shares, you hold 30 million shares, 30% of the shares; The company issued 50 million new shares when it was listed;

After listing, you still hold 30 million shares, but the equity becomes 30 million (100 million + 50 million) = 20%.

Usually, before the company goes public, under the premise of forming a standardized equity incentive mechanism, the company will release 2-4% of the options every year, so if the option pool is reserved for 10-15% at the beginning, it will generally be issued in about five years. If the company goes public quickly, it may be that some of the employee incentive pool will go public before it is used up. There are also quite a few companies whose first incentive pool has been used up, but has not yet been listed, and in order to support the continuous incentive, it is necessary to negotiate with shareholders to expand the incentive pool, revise the old plan or review and approve the new plan.

Usually, the timing of the option pool again will be when the company has new financing. The size of the new option pool depends both on the company's development needs and on the ideas of the existing shareholders. If the company's fundamentals are good and it is in a strong position in the financing negotiations, it can ask new investors to invest first, and then all shareholders will set up a new option pool; If the investor is stronger, the company may have to refinance the new option pool before raising funds.

Taking into account the total amount of pre-IPO rights pools and the pace of listing, among technology companies, the cumulative total amount of pre-IPO grants commonly found in the market is 10% (onshore) to 15% (offshore). Futu ESOP reminds that this data varies greatly among different industries.

After the company is listed, it also needs to make an equity incentive plan. Taking Hong Kong stocks as an example, Hong Kong stocks have a very strong options culture, and Chapter 17 of the Hong Kong Listing Rules has a special chapter on the option rules. Companies listed on the Hong Kong stock market will generally set a 10% total amount of option incentive plans based on the cap set out in the Listing Rules.

U.S. stocks vary slightly, but most companies plan for the long term around the 10% benchmark.

For companies that have established equity incentive plans, the annual grant ratio for mid-cap companies is generally 1-2%, and the higher the market capitalization of the company, the lower the ratio.

Mr. Lin said: The formulation and implementation of the equity incentive plan is not a one-time time, and it requires a special organization or personnel to continuously improve the equity incentive plan and system. Generally speaking, a company of a certain size needs to set up a special committee to manage equity incentives, which is subordinate to the equity incentive group of the remuneration and appraisal committee, and the day-to-day affairs are carried out by the secretariat.

For smaller companies, the equity incentive management team is led by the chairman and general manager of the company, and the human resources department cooperates.

There are basically three ways, one is an option, and the option is to agree to buy it in the future; One is restrictive, which is given to the employee now, but there are restrictions on the transfer in the future; One is the Employee Stock Ownership Plan!

How to reasonably distribute the equity of the company's listed employees? I think the company will definitely consider the size of the employee's contribution, as well as the employee's working years, etc., and then distribute the heroes.

After the company is listed, the original shareholders can distribute shares according to the percentage of the original shares held by the company and the number of new issues at the time of listing.

Listing is an initial public offering.

Refers to the enterprise through the ** exchange.

The process of issuing additional issuance** to investors in the first public offering in order to raise funds for corporate development. When a large number of investors subscribe for new shares, they need to be allocated by ballot**, also known as ballot of new shares, and the subscribed investors expect to sell them at a price higher than the subscription price. In addition to the company's public (non-targeted) offering**, listing also includes listing and trading in China's multi-level capital market, as well as the launch or launch of new products or services in the market.

To establish a share, there shall be more than two people and less than 200 people as the initiators, of which more than half of the initiators must have a domicile in China. The promoter of the stock **** undertakes the company's preparatory affairs. The promoters should sign a promoter agreement to clarify their respective rights and obligations in the process of company establishment.

The issuance of shares shall be based on the principles of fairness and impartiality, and each share of the same type shall have the same rights. For the same type of issuance of **, the issuance conditions and ** per share shall be the same; Any unit or individual shall pay the same price per share for the shares subscribed. A limited liability company increases its registered capital.

The capital contribution of shareholders subscribing to the new capital shall be implemented in accordance with the relevant provisions of this Law on the payment of capital contributions for the establishment of a limited liability company. When the shares are issued to increase the registered capital, the shareholders subscribe for the new shares, and the relevant provisions of the payment of shares are implemented in accordance with the relevant provisions of this law.

1. Participate in shareholders' meetings.

have the right to vote on major matters of the company;

2. The right to vote for the company's directors and supervisors.

3. Distribute the company's profits and enjoy dividend rights;

4. The right to request is issued;

5. The right to request for transfer;

6. The right to request for the change of bearer to registered;

7. The right to dispose of the remaining property when the company fails to operate and declares bankruptcy and bankruptcy.

The size of shareholder rights depends on the type and amount of ** held by shareholders.

For example, if the company's original share capital is 100 million shares, you hold 30 million shares, accounting for 30%; The company issued 50 million shares when it was listed; After listing, it still holds 30 million shares, but the share capital becomes 30 million divided by 100 million + 50 million = 20%. The so-called equity incentive refers to a certain equity arrangement between the company and some or all employees, such as granting a certain number of companies in a certain way, or giving employees the right to purchase a company for a certain period of time.

How to distribute the company's equity after listing?

Hello, I am a cooperative lawyer of LegalPro platform, and I am happy to serve you.

For example, if the company's original share capital is 100 million shares, you hold 30 million shares, accounting for 30%; The company issued 50 million shares when it was listed; After listing, it still holds 30 million shares, but the share capital becomes 30 million divided by 100 million + 50 million = 20%. The so-called equity incentive refers to a certain equity arrangement between the company and some or all employees, such as granting a certain number of companies in a certain way, or giving employees the right to purchase a company for a certain period of time.

Article 42 of the Company Law of the People's Republic of China stipulates that [Voting Rights of Shareholders] Shareholders shall exercise their voting rights in accordance with the proportion of capital contribution at the shareholders' meeting; However, unless otherwise provided in the Articles of Association.

Article 43 [Deliberation Methods and Voting Procedures of Shareholders' Meetings] Except as provided in this Law, the deliberations and voting procedures of shareholders' meetings shall be prescribed by the articles of association. Resolutions made at the shareholders' meeting to amend the articles of association, increase or decrease the registered capital, as well as resolutions on the merger, division, dissolution or change of the form of the company, must be passed by shareholders representing more than two-thirds of the voting rights.

Hello, I invested in this ** subscription, and now it is said that I want to subscribe for equity and want me to join another company for equity distribution, is this process correct?

Is this how the equity subscription process works? Whether there is fraud.

Generally speaking, a start-up company should plan the company's shareholding structure before investors enter, and the company's founder should have an absolute controlling stake. Because 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.

How to distribute the company's equity after listing is determined according to the percentage of the company's shares originally held and the amount of new issuance at the time of listing;

It is determined according to the percentage of shares originally held in the company and the number of new issuances at the time of listing; It is mainly the profit of the root drama company that determines the amount of distribution. It consists of three parts: provident fund, creditor interest, and shareholder dividend.

For example, if the company's original share capital is 100 million shares, you hold 30 million shares, 30% of the shares; The company issued 50 million new shares when it was listed; After listing, you still hold 30 million shares, but the equity becomes 30 million (100 million + 50 million) = 20%.

1. What should I do if a listed company goes bankrupt.

Two bankruptcy scenarios:

1) The ** company you opened an account is bankrupt: the ** you hold is a registered group calculation company in China according to your ** personal ** records, and there is a corresponding ** transaction risk supervision system for control, and the fund account used for buying and selling ** is also deposited by a commercial bank. So when it comes to the security of your property, there is no need to worry.

However, during this period of time, the ** trading transaction will be affected to a certain extent, and the CSRC will make arrangements as soon as possible to provide services to you by the ** company that has taken over.

2) The listed company in which you hold ** is bankrupt.

The order of payment in bankruptcy liquidation is:

The first is the bankruptcy expenses of the enterprise, then the arrears of wages of the employees, etc., then the arrears of state taxes, and then the repayment of general claims. If the estate is insufficient to satisfy the debts in the first order, the claims in the later order cannot be satisfied. If it is not sufficient to pay off the debts in the same order, then the debts shall be paid in proportion to the claims.

Common shareholders are the last to be liquidated.

But if the company can be restructured or another company can take over the bankrupt company, then your ** is still there, but the name has been changed. The average company will be restructured and you won't lose nothing. However, ST type **, you have to pay attention to its risk, it has the possibility of delisting, and the risk is very high.

However, it is also possible to transfer shares to the third board market.

2. What are the ways of equity transfer of listed companies?

1) Registered **, which shall be transferred by the shareholders by endorsement or other methods prescribed by laws and administrative regulations, and the company shall record the name or title and domicile of the transferee in the register of shareholders after the transfer. Within 20 days prior to the convening of the general meeting of shareholders or within 5 days prior to the date on which the company decides to distribute dividends, no change in the register of shareholders specified above shall be registered. However, if the law has other provisions on the registration of changes in the register of shareholders of listed companies, such provisions shall prevail.

2) The transfer of bearer ** shall be effective after the shareholder delivers the ** to the transferee.

According to Article 139 of the Company Law, the registered ** shall be transferred by the 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.