In an enterprise, the dividends received by technical personnel with technology shares belong to

In an enterprise, the dividends received by technical personnel with technology shares are distributed according to capital factors.

Allocation by factor of production.

1.If the high-tech achievements are invested in the form of shares, the investors of the achievements shall agree with other investors on the scope of reserved rights and liability for breach of contract of the technology.

An agreement was reached. It follows that investors in technological achievements do not necessarily invest in the ownership of the results, that is, they can retain certain rights. Some people think that this has something to do with corporate law.

The concept of property independence is inconsistent. According to the basic principle of the corporate system, the company is responsible for the company's debts with all its assets. The premise is that the company must have independent property rights, and some rights are not independent property rights, so they cannot be used as a form of investment.

However, the author believes that it is scientific and reasonable to allow technology investment as a shareholder.

2.There are two main types of distribution in a joint-stock company. It is distributed according to the capital equity part and the operation and management equity part.

The distribution of capital management interests is based on the proportion of each shareholder's capital contribution. The distribution of business management mainly considers the contribution to the company and the proportion of labor expenses, etc., and is distributed according to responsibilities and positions. The key to distribution is fairness and reasonableness.

Shareholders can agree on the proportion of voting rights and dividend rights, which can be inconsistent with the proportion of equity.

3.If the two companies, the shareholders of the company, should pay dividends according to the actual proportion of capital contribution, but all shareholders of the company agree that dividends are not distributed in proportion to their respective capital contributions, and the company cannot pay dividends to shareholders according to the proportion of investment, it may be through the dividends of all shareholders, for example, all shareholders agree to pay dividends through the appointed proportion of contributions, or by other means, as long as all shareholders agree, it is good, and the technological achievement as an intangible property can be used by different people at the same time, It can be practiced in different regions at the same time without owning and losing physical control.

Extended Materials. Wholly state-owned company.

It refers to the funds funded by the state and by the local people.

Authorize the people's state-owned assets supervision and administration institutions at the same level to perform the duties of the investor of the limited liability company. A wholly state-owned company does not have a shareholders' meeting, and the state-owned assets supervision and administration institution exercises the functions and powers of the shareholders' meeting.

d The income of scientific and technological talents includes two parts: one is the salary income in state-owned enterprises, which belongs to the distribution according to work; The second is to obtain income from technology shares, which belongs to the distribution according to the factors of production. Therefore, option D is chosen.

Legal analysis: technology shareholding is an act of investing in a joint venture to obtain the share rights of the enterprise by using the knowledge or intellectual property rights, technical know-how, equipment, etc. of technical personnel as capital shares. Technology shares, to evaluate the importance of technology to the operation in order to determine the dividend ratio.

The dividends for technology investments are usually higher than 5% and less than 20%. If the technology is of great significance to the company's operation, the dividend can also be set at 25-30%.

Legal basis: Company Law of the People's Republic of China

Article 3 The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the debts of the company with all its property.

Article 34 Shareholders shall receive dividends in accordance with the proportion of their paid-in capital contributions; When the company adds new capital, shareholders have the right to subscribe for capital contributions in accordance with the proportion of paid-in capital contributions.

Technology shareholding is an act of investing in a joint venture to obtain the share rights of the enterprise by using the knowledge or intellectual property rights, technical know-how, equipment, etc. of technical personnel as shares of the capital. Technology shares, to evaluate the importance of technology to Songda management in order to determine the dividend ratio. The dividends for technology investments are usually higher than 5% and less than 20%.

If the technology of the shareholder of the Ranzakura Fruit Technology is of great significance to the company's operation, the dividend can also be set at 25-30%.

Legal analysis: technology shareholding is an act of using the knowledge of technical personnel to be cautious or to use intellectual property rights, technical know-how, equipment, factory buildings, etc. as capital to invest in joint ventures or joint ventures, so as to obtain the share rights of the enterprise. Shareholders may make capital contributions in monetary terms, or in kind, intellectual property rights, land use rights, and other non-monetary assets that can be valued in monetary terms and can be transferred in accordance with the law; However, there is an exception for property that is not allowed to be used as capital contribution as stipulated by laws and administrative regulations.

Legal basis: Article 27 of the Company Law of the People's Republic of China 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. The non-monetary property used as capital contribution shall be appraised and verified, and the property shall not be overvalued or undervalued.

Where laws and administrative regulations have provisions on appraisal valuation, follow those provisions.

Technology can be invested in the form of intangible assets, which can be distributed according to the same shares and equal rights.

Technical shareholding operation process:

1. A qualified asset appraisal agency will evaluate the technology to be shared;

2. The shareholders of the company reach an agreement on the technology shareholding, and write the capital contribution of the technology into the articles of association;

3. Handle the registration procedures for the establishment or change of the company;

4. The technology shareholder shall transfer the rights of technology to the company in accordance with the capital contribution agreement.

Paragraph 3 of Article 27 of the Company Law stipulates that the minimum monetary contribution of a limited liability company is 30%, so theoretically the maximum limit of 70% can be reached for technical shareholding; In practice, the proportion of the shares held by the technology investor depends on the agreement of the partner on the value of the technology, or the market evaluation of the technology by an evaluation agency jointly agreed by the partner.

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.

Answers]: a, c, d, e

Explore the pilot of employee stock ownership within the enterprise. In accordance with the requirements of the establishment of a modern enterprise system, competitive enterprises that implement shareholding reform or have clear property rights management can carry out employee stock ownership pilots. In the pilot, the principle of voluntary employee stock ownership should be adhered to.

Employee shareholding qualifications, the amount of shares subscribed and the share subscription plan shall be democratically decided through collective discussion or other means, and shall be implemented with the consent of the general meeting of shareholders or the property rights unit. The amount of shares held by management personnel, business and technical backbones can be appropriately higher than that of ordinary employees, but the shares of the enterprise should not be excessively concentrated in the hands of a small number of people. The amount of shares held by the operator is generally 5 15 times the average number of shares held by the employees of the enterprise.

It is necessary to strictly evaluate and monitor assets to prevent the loss of state-owned assets. Employee stock ownership can be implemented in a variety of forms, mainly to subscribe for shares by employees, and can also be implemented to reward employees with shares.