( 1) 33.3%，33.3%，33.3%。
Three-person partnership, equity sharing, or taboo. Compared with two people's partnership, the sharing of equity is more troublesome: in addition to the extremely low efficiency of decision-making, it is easier to shirk each other. In the unmeasurable operation, no balance can accurately measure a person's contribution, so we can only solve the problem from the root (ownership structure)!
Because of the same equity and different capital contributions, the three partners are psychologically unbalanced, and over time there will be prevarication. Partner a felt that partner b didn't contribute much, so he gave him a lot of work. Partner C thinks that Partner A has exceeded his authority and is afraid that the overall situation will be controlled by Party A one day, so he deliberately slacks his work?
(2) 49%, 47% and 4%.
Let's assume that A, B and C are 49%, 47% and 4% respectively. The Company Law gives Party A and Party B one-vote veto power, while Party C, in association with any shareholders of Party A and Party B, will own 49%+4% = 53% equity and 47%+4% = 5 1% equity, and both 53% and 5 1% have exceeded half, which is another effective right, that is, control.
So this is a very dangerous structure: first of all, the dividend of C is too small to last long. The second is that the shares of A and B are the same, and it is easy to fall into the infighting of mutual shirking and control. Then at this time, C will become the object of flattery, and C can easily blackmail any shareholder of Party A and Party B, so as to achieve some goals that are beneficial to itself and unfavorable to the company.
For example, if C wants to recruit someone who is incompetent but loyal to himself, under a healthy shareholding structure, both shareholders of Party A and Party B will not hesitate to object. In this "blackmail" shareholding structure, both parties will soon pass. Because both parties understand the truth: control is more important than the development of the company. This kind of struggle is caused by unhealthy distribution methods and must be resolutely put an end to it!
(3) 40%, 30%,30%.
We assume that Party A, Party B and Party C hold 40%, 30% and 30% shares respectively. The sum of any one of B and C and A's share will produce such a result: 30%+40% = 70%. And 70% has crossed two-thirds of the most critical lifeline: absolute control. Then b and c will be in danger of being out at this time.
Another situation is that if B and C have a good relationship, their shares add up to 30%+30% = 60%. And 60% exceeded the halfway point. Then the big shareholders will be easily overhead. If co-investors B and C make capital increase and share expansion at this time, A's shares will be diluted to less than one third. Then a is also in danger of being out.
Legal basis: According to Article 36 of People's Republic of China (PRC) Company Law, the shareholders' meeting of a limited liability company is composed of all shareholders. The shareholders' meeting is the authority of the company and exercises its functions and powers in accordance with this Law.
In Article 37 of the Company Law of People's Republic of China (PRC), the shareholders' meeting shall exercise the following functions and powers:
(1) To decide on the company's business policy and investment plan;
(2) Electing and replacing directors and supervisors who are not employee representatives, and deciding on the remuneration of directors and supervisors;
(3) Examining and approving the report of the board of directors;
(4) Examining and approving the reports of the board of supervisors or supervisors;
(5) To examine and approve the annual financial budget plan and final accounts plan of the company;
(VI) To examine and approve the company's profit distribution plan and loss recovery plan;
(7) To make resolutions on the increase or decrease of the registered capital of the company;
(8) To make resolutions on the issuance of corporate bonds.
(9) To make resolutions on the merger, division, dissolution, liquidation or change of corporate form of the company;
(10) Amending the Articles of Association.
(eleven) other functions and powers stipulated in the articles of association.
Where the shareholders unanimously agree to the matters listed in the preceding paragraph in writing, they may make a decision directly without convening a general meeting of shareholders, and all shareholders shall sign and seal the decision document.
Article 38 of the Company Law of People's Republic of China (PRC) The first meeting of the shareholders' meeting shall be convened and presided over by the shareholder with the largest capital contribution, and shall exercise its functions and powers in accordance with the provisions of this Law.
Article 39 of the Company Law of People's Republic of China (PRC) * * * Shareholders' Meeting is divided into regular meetings and temporary meetings.
Regular meetings shall be held on time in accordance with the provisions of the articles of association. If shareholders representing more than one-tenth of the voting rights, more than one-third of the directors, the board of supervisors or the supervisors of a company without a board of supervisors propose to convene an interim meeting, an interim meeting shall be convened.