For the company, it belongs to the company's capital increase behavior, and the specific legal procedures for the company's capital increase depend on the nature of the company. For a limited liability company, when the company increases its capital, the company's shareholders and others other than the company's shareholders can subscribe for the capital contribution, but the company's shareholders have the priority to subscribe for the capital contribution, and whether others other than the company's shareholders can subscribe for it is also limited by the articles of association of the limited liability company.
A joint stock limited company shall increase its capital by issuing new shares. When a joint stock limited company issues new shares to increase its registered capital, the company's shareholders and others other than the company's shareholders may subscribe for new shares.
It is necessary to carefully understand the operating status, financial status, personnel status and shareholding structure of the company to be invested, and then carefully analyze the market growth prospects of the company. According to industrial and commercial registration's capital, we can get a preliminary understanding of the company's main share capital structure, and then we can find an accounting firm to conduct asset audit or mutual consultation and evaluation.
Pay attention to the problems are:
1, the mode of shareholding should be clear, whether it is newly registered capital or equity transfer. To increase the registered capital, it is necessary to complete the capital verification procedures and amend the articles of association, and then go through the formalities of change registration at the industrial and commercial bureau. If it is equity transfer, it is necessary to amend the articles of association, and then go through the registration formalities with the industrial and commercial bureau.
2. All the shareholders of the original company made a resolution and agreed to disagree with the new shareholders. What method was adopted, and the equity change agreement and shareholding agreement were signed.
3. To increase the registered capital of the company, the assets of the company should be evaluated first, and then the total assets added by the company's evaluated assets and newly invested funds should be used as the newly-increased registered capital, and the proportion of newly-increased shareholders should be determined according to the proportion of newly-invested funds to the assets of the evaluated company. ?
4. If the new shareholder accepts the investment of the original shareholder, the original shareholder should negotiate who is willing to transfer the investment in his hand. The original shareholders can sell part of the investment to reduce the investment ratio, or they can sell all the investment out of the shareholders' meeting. These should be negotiated between the original shareholders.
Extended data:
Equity refers to the original acquisition of shareholders' rights after the establishment of the company. As long as it is necessary for the company to increase the number of shareholders and the investor has the intention to invest in shares, once the two sides reach an agreement, they will become shareholders. Although the shareholding is carried out by contract, it is not legally necessary to establish a contractual relationship. Generally, it shall be handled in accordance with relevant laws and articles of association. New shareholders should also be responsible for the company's debts before they become shareholders.
Based on the above definition, the so-called employee stock ownership means that enterprises provide various favorable conditions to enable employees to acquire shares in their own enterprises and become shareholders of enterprises. Because equity represents the burden of profit and loss, employees are willing to bear the risk of success or failure in business operation, but employee shares are only applicable to joint stock limited companies.
References:
Baidu Encyclopedia-Holding Shares