When the company makes capital increase, it needs to recalculate the equity ratio according to the new capital structure. Generally speaking, there are two ways to calculate the proportion of equity after capital increase: according to the proportion of total equity before capital increase and according to the proportion of total equity after capital increase. According to the proportion of total share capital before capital increase, the original shares after capital increase are added to get a new total share capital, and then the new share capital proportion is calculated according to the original shares and the new total share capital. The equity ratio calculated in this way is not affected by capital increase, and is mainly used in the case of small capital increase. According to the proportion of the total share capital after capital increase, the original number of shares after capital increase is added to get a new total share capital, and then the new share capital ratio is calculated according to the new total share capital. The equity ratio calculated in this way is affected by capital increase, which is mainly used in the case of large capital increase. In this case, after the capital increase, the equity ratio will be relatively increased, and the equity ratio of the original shareholders may be diluted. The specific calculation method needs to refer to the articles of association and agreement of the company. Generally speaking, how to calculate the equity ratio will be agreed in the capital increase agreement. If there are no relevant provisions in the articles of association, it shall be calculated according to the agreement.
Is it legal to dilute the equity ratio after capital increase? It is not illegal to dilute the equity ratio after capital increase, but it is necessary to abide by relevant laws, regulations and agreements. If the change range and calculation method of the equity ratio are clearly stipulated in the capital increase agreement, and all shareholders agree to the agreement, it is legal to dilute the equity ratio after capital increase. However, if there are loopholes in the agreement or disputes between shareholders, it may lead to disputes caused by dilution of equity ratio after capital increase.
After the capital increase, the calculation of the equity ratio needs to comply with the provisions of the articles of association and the agreement, and the calculation method should be determined according to the specific circumstances. It is not illegal to dilute the equity ratio after capital increase, but all shareholders need to agree and abide by relevant laws, regulations and agreements.
Legal basis:
People's Republic of China (PRC) Company Law Article 41 A joint stock limited company may publicly issue shares to investors other than shareholders to increase its registered capital, but it must be approved by the shareholders' meeting and reported to the company registration authority for the record.