Friends technology shares, you invest, how to distribute?

In the early stage of entrepreneurship, the company is facing a high degree of uncertainty, and the organizational structure, business model, and products may be adjusted at any time, so an efficient decision-making mechanism is needed, so there must be one person who controls and occupies more than 50% of the shares. Otherwise, it is very likely that there will be a risk of Blue Elephant Capital falling apart and several partners separating not long ago. They are equal equity and make decisions together.

Furthermore, considering that capital and excellent talents will be introduced in the future, leaving an option pool, it is better to allocate 70%, 15%, 15%.

Technology shareholding depends on the actual gold content and importance of technology. Equity is voluntarily paid by both parties and varies from 37 to 46, and technology stocks should only have the right to speak, and the right to dividends has no right to control. Under normal circumstances, the shareholding ratio of angel investors is not too high, generally between 15% and 30%.

It is even rarer for angel investors to take control, unless a share return mechanism is set up (i.e., the investor initially holds a large proportion of shares, and if certain conditions are met, the investor returns most of the equity to the founding team).

Technology = investment friends contribute 1 million, accounting for 60% of the company's shares, you out of technology, accounting for 40% of the company's shares, there is that your technology = 670,000 (4: 6 = 670,000: 1 million) If there is no agreed distribution plan in the early stage, it can be divided according to the above.

If you have agreed on a plan before signing the 2 big contracts, and you have agreed to it, then you have to follow your friend's plan.

Generally speaking, those who actually introduce projects and project initiators have priority to occupy about 5% of the equity! The CEO of the actual operator has priority to hold 5% to 10% of the equity, which should balance whether the actual operator has the resources we need, such as experience, technology, and necessary project capabilities, which is equivalent to the investment of technical intellectual capital, which is the investor, must be clear, and it is also the risk of investment.

The establishment of the equity pool, on the one hand, is to attract the follow-up outstanding talents to enter, on the other hand, it is also to be able to dynamically adjust the equity of the three of you, after all, the allocation of equity is a prior act, and how much the partner can play a role in the development of the company depends on the situation after that. Personally, it is recommended to reserve between 15% and 20%, which will be held by the major shareholder first.

Splitting the equity is the most unwise thing to do, and you make decisions all the time in the process of starting a business. In many cases, the correctness of the decision is not important (the need pit in the entrepreneurial process needs to be jumped, which is normal), and the more important thing is whether the decision is efficient. Equally divide the equity, and the partners will always quarrel with each other because of some unimportant decisions, which is the most common reason for the failure of entrepreneurship and the breakup of partners.

My family also wants to do this, my friend contributed 80% and the order of my family out of technology and 20% money, and then my family accounted for 20% of the shares, and then the partner said that this is not good, unfair, or we will contribute the same, the risk is shared, saying that the partnership business is not good, let my husband work for him, and then he gives dividends, salary increases, annual salary system, think about it and did not do it.

Usually, the equity distribution of the partnership is carried out according to the proportion of capital contribution, for example, if the capital contribution is the same, it is equally divided, and the difference is that whoever has more shares will have more shares. If there is a technology or patent shareholding, it is necessary to convert the technology into funds and then co-stimulate the allocation of this guess business, which is different for each company and needs to be analyzed on a case-by-case basis.

Legal basis: Article 81 of the Company Law of the People's Republic of China shall contain the following matters

1) The name and domicile of the company;

2) the company's business scope;

3) the method of establishment of the company;

4) the total number of shares of the company, the amount per share and the registered capital;

5) The name of the promoter, the number of shares subscribed, the method of capital contribution and the time of capital contribution;

6) The composition, authority and rules of procedure of the Board of Directors;

7) the legal representative of the company;

8) The composition, powers and rules of procedure of the board of supervisors;

9) the company's profit distribution method;

10) the reasons for the dissolution of the company and the liquidation method;

11) the company's notice and announcement measures;

12) Other matters that the general meeting of shareholders deems necessary to stipulate.

Legal analysis: Usually the equity distribution of the partnership is carried out according to the proportion of capital contribution, for example, if the capital contribution is the same, it is equally divided, and the difference is who has more shares. If there is a technology or patent shareholding, it is necessary to convert the technology into funds and then negotiate the distribution, which is different for each company and needs to be analyzed on a case-by-case basis.

Legal basis: Article 81 of the Company Law of the People's Republic of China shall contain the following matters

1) The name and domicile of the company;

2) The company's business scope of credit and oak;

3) the method of establishment of the company;

4) the total number of shares of the company, the amount per share and the registered capital;

5) The name of the promoter, the number of shares subscribed, the method of capital contribution and the time of capital contribution;

6) The composition, powers and rules of procedure of the Board of Directors;

7) the legal representative of the company;

8) The composition, powers and rules of procedure of the board of supervisors;

9) the company's profit distribution method;

10) the reasons for the dissolution of the company and the liquidation method;

11) the company's notice and announcement measures;

12) Other matters that the general meeting of shareholders deems necessary to stipulate. Slide aside.

1. Before the technology shares are invested, the technical value assessment shall be carried out, and the scope of capital contribution shall be determined according to the appraisal value; 2. The equity distribution of technical shares can be determined according to the articles of association of the company; 3. The technical shareholders can also negotiate with other shareholders of the company in advance to determine their own equity distribution; 4. The shareholders of technology stocks can also be distributed according to the proportion of the appraised value of their technology shares.

1. Precautions for investing in the equity of a friend's company.

1) Find out whether it is a partnership or a company, and if it is a company, it is only a transfer of equity. In the case of a partnership, you will also be jointly and severally liable for the debts of the partnership before you joined.

2) Financial audits: especially in the case of debts.

Signing a contract does not mean that the shareholding is to do equity change, which is very important, about the specific regulations of the company's joint venture, you can find the industrial and commercial or law firm can be found, about the business investment, it is recommended to check it yourself is more reliable.

3) What should be paid attention to when investing in a limited liability company, what is the standard for determining the proportion of shares?

Buying and selling is easy to do, but it's hard to match. Of course, the proportion of shares is determined according to the proportion of capital contribution, the key is whether the cooperation is tacit, if you can't get it, or think clearly, especially don't be a small shareholder, and then be bullied by major shareholders. The key note is that you must obtain a certificate of capital contribution and sign the articles of association.

Fourth) the investment is an investment behavior, shareholders must negotiate and sign an investment agreement, in the agreement to agree on the proportion of their respective investment in the company's total share capital, profit distribution is distributed according to the proportion of shares formed by investment, it should be noted that the terms of the investment agreement must comply with the law, after the formation of the investment agreement to the industrial and commercial bureau for the record, the investment agreement has legal effect, do not go through the so-called lawyer notarization and other redundant procedures, so that even if there is a problem in the future, You can resort to legal protection.

2. What is the shareholding of patented technology?

1. In practice, the form of shareholding in patented technology includes the use of patent rights, the right to implement patents, and the right to apply for patents as a price of patented technology. According to Article 27 of the new Company Law, shareholders may make capital contributions in monetary terms, as well as non-monetary assets that can be valued in monetary terms and can be transferred in accordance with the law, such as physical objects, intellectual property rights, land use rights, etc. However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations.

2. It should be noted that the following capital contribution procedures must be completed to determine that the capital contribution is flawless, first of all, the value of the patent must be evaluated, and then the patentee shall go to the Patent Office to handle the registration and announcement procedures for the transfer of the patent right to the invested company in accordance with the contract for the establishment of the company and the articles of association, and the industrial and commercial registration authority shall determine the completion of the shareholder investment obligation of the shareholder with the patented technology according to the procedures for the transfer of the patent right.

The issue of equity distribution of technology shares shall be evaluated and the equity shall be distributed in proportion to the value. According to the relevant laws and regulations, if the value of non-monetary assets is overvalued, the promoter shall be jointly and severally liable.

Article 43 of the Company Law of the People's Republic of China stipulates that the method of deliberation of the shareholders' meeting shall be based on the procedures of transfer and voting in accordance with the provisions of this Law, except as provided in this Law.

Technology shareholding means that employees use intellectual property rights to contribute capital, so as to become shareholders of Gonghu Tsai Division. However, if an employee becomes a shareholder by way of technology shareholding, there are three conditions according to the law.

First of all, in law, the employee's technology has been changed to have results, and intellectual property rights have been formed, which does not mean that the employee has the technology and can use the technology to become a shareholder.

The second condition is that the value of this intellectual property must be evaluated by a professional organization, not by the shareholders or the industrial and commercial bureau. And after the evaluation, the intellectual property rights must be transferred to the company, so that it can be regarded as capital contribution, which is the third condition.

Article 27 of the Company Law provides that shareholders may make capital contributions in the currency of nuclear power, or in kind, intellectual property rights, land use rights and other non-monetary assets that can be valued in currency and can be transferred in accordance with the law; However, this excludes assets that cannot be used as capital contributions by laws and administrative regulations.

The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued. Laws and administrative regulations on the assessment of the valuation, from the.

Hello dear, technology shares can generally be distributed in the following ways: 1Pro-rata distribution:

Equity is distributed proportionally according to the amount or value of the investment of the technical party and other partners. 2.Planned Investments:

After a technical expert has worked in the company for a certain period of time, the company can grant a part of the equity to the technical expert in return for his contribution. 3.Net profit distribution:

It is suspected that a part of the company's net profit will be used for equity distribution in recognition of the contribution of the technical side. 4.Swapping intellectual property for shares:

The technology party may license certain intellectual property rights (such as patents, trademarks, copyrights, etc.) held by it to the company in exchange for equity. 5.Swap of technical services for shares:

The technical party provides technical services or helps the company reduce costs or improve efficiency, and the company returns a part of the equity. The above methods are only common ways for the distribution of equity by technology, and in fact, reasonable equity distribution should be carried out according to the specific situation and the agreement agreed.