1. Can the company invest in shares?
Yes, but you should pay attention to the following points when investing and holding shares in the company:
1. Make it clear whether it is a partnership or a company. If it's a company, it's just equity transfer. If it is a partnership, you should bear unlimited joint and several liability for the debts of the partnership before joining.
2. Financial audit: especially the debt situation.
Signing a contract doesn't mean changing shares. This is very important. You can find a business or law firm to understand the specific laws and regulations of joint venture. Regarding business investment, I suggest you check it yourself. More reliable. Let me tell you some basic concepts. Shareholders who own equity, in addition to regular dividends, also have the risk of potential losses. If something unexpected happens, you need to invest in proportion. Or divestment, equity change, etc. Therefore, we should pay attention to several aspects when investing in shares, such as original assets evaluation, investment proportion and distribution of shareholders' rights and interests, and the ability inspection of company operators and leading teams. If the company is not profitable and always asks you to pay, then you are not doing business at a loss, and you may be cheated.
3. What criteria should be used to determine the proportion of shares in a limited liability company?
However, this is too important. Business is easy to do, but it is difficult to establish a partner. 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 are not sure, you should think it over, especially if you are not a minority shareholder. At that time, you must get the investment certificate and sign the articles of association.
4. Shareholding is an investment behavior, and shareholders must sign an investment agreement through consultation. The agreement shall stipulate the proportion of their respective investments in the company's total share capital, and distribute profits according to the proportion of shares formed by the investment. It should be pointed out that the terms of the investment agreement must comply with the law. After the investment is formed, the investment agreement should be filed in the Industrial and Commercial Bureau, and the filed investment agreement has legal effect, without unnecessary procedures such as notarization by lawyers, so that even if there are problems in the future, you can resort to legal rights protection. Remind you that the terms of the investment agreement must be reasonable and legal, so as to safeguard your legitimate rights and interests. 5. What procedures do companies (general taxpayer enterprises) need to pay attention to when they want to buy shares in cash, sign contract agreements or other things?
According to the relevant provisions of the Company Law, cash shares are the permitted scope of the company's capital contribution. If the capital contribution is made in cash, it is required to deposit the cash into a special capital verification account opened by the company and obtain a capital verification certificate from an accounting firm. At the same time, the company's shareholders' meeting should form a new shareholders' meeting resolution, which should be passed by more than two-thirds of the shareholders with voting rights because it involves capital increase. The resolution of the shareholders' meeting will be the basis for the Industrial and Commercial Bureau to handle the change registration of shareholders and registered capital. It should be noted that you can fully understand the company's operation and development prospects. Although a limited liability company only bears limited liability for the company's assets, it is not worth investing in insolvent companies. Also, whether the voting rights of shareholders are determined according to the proportion of the company's capital contribution, or whether it is agreed that if more than two-thirds of the shares are in the hands of one shareholder, the company is actually a centralized company, which is not conducive to the company's development. In short, investment needs to be cautious.
2. What are the precautions for signing an investment contract?
1. Form of investment (loan or shareholding). If you borrow money, you should consider the industry risk premium to improve rate of return on capital. If it is a share, indicate the number of shares of the company and indicate the relevant rights and obligations.
2. Clarify the priority of debt repayment when the company goes bankrupt;
3. Restrictions on the company's existing assets (not allowed to be used for mortgage loans at will, otherwise you will not get any investment money if you go bankrupt);
4. Specify the responsibilities and obligations of the management.
5. Provisions on monthly or annual financial disclosure
6, whether to participate in the operation and supervision after the shares.
7. Profit distribution
8. The contract of the stock withdrawal mechanism must be detailed, so it is not easy to cause disputes. If it is a partnership with friends, it is not impossible for friends to do it for the benefit in the future.
The above is the relevant content of whether the company can invest in shares for you. We can understand that under normal circumstances, investors need to clearly understand the legal effect of the agreement when investing in stocks, so as to know whether the agreement they signed is effective, which is related to their own interests.