The best way to allocate shares in restaurants usually needs to consider the following aspects:
Capital investment: according to the proportion of capital contribution of each shareholder, determine the corresponding share proportion. This is the simplest and most commonly used distribution method.
Technology stocks: If there are technology stocks among shareholders, technology stocks can be considered, but it should be noted that the proportion of technology stocks should not be too high, generally not exceeding 49%, otherwise the decision-making power may be dispersed.
Equity binding: in order to ensure the interests of shareholders are consistent, we can consider dividing the shares into several shares and gradually distributing them according to a certain period of time to avoid a large equity gap from the beginning.
Consider contribution and role: When distributing shares, we should fully consider the contribution and role of shareholders in restaurant management. For example, for shareholders who take more risks, they can consider giving more shares; For shareholders who play an important role in the operation, the proportion of shares can also be appropriately increased.
Absolute holding: In order to avoid the situation that the decision cannot be made because of the same proportion of shares, it is necessary to have a controlling party in order to have absolute decision-making power in business decision-making. This controlling party can be determined through negotiation, and generally needs to own more than half of the shares, that is, more than 5 1%.
In a word, the share distribution of restaurants needs to fully consider all factors to ensure the rationality and fairness of the distribution. At the same time, when formulating the specific distribution plan, we should make flexible adjustments according to the actual situation.
I. Determination of Shareholders and Contribution Ratio
First of all, we must determine the shareholders who participate in the restaurant and their respective investment ratios. This can be determined by signing the shareholders' agreement or the articles of association. When determining the proportion of shareholders and the amount of capital contribution, we should consider the contribution of each shareholder to the restaurant, the capital invested, the risks assumed and other factors.
2. Share allocation in proportion to investment.
Distribute shares according to the proportion of shareholders' capital contribution. This distribution method is simple and easy. However, if there is a big difference between shareholders in the proportion of capital contribution, it may affect the cooperation and coordination between shareholders.
Three. Share distribution according to contribution
In addition to distributing shares in proportion to capital contribution, restaurants can also distribute shares in proportion to shareholders' capital contribution. This way can better reflect the actual value and contribution of shareholders and is conducive to stimulating the enthusiasm of shareholders. However, in the specific operation, it is necessary to formulate reasonable evaluation standards and methods to avoid unfairness.
Fourth, combine a variety of factors for distribution.
In order to better balance the interests of shareholders, the method of distributing shares by combining various factors can be adopted. Specifically, we can comprehensively consider the proportion of shareholders' capital contribution, contribution, operating ability and other factors, formulate a comprehensive evaluation plan, and distribute shares according to the evaluation results. This can better reflect the actual value and contribution of shareholders, and is also conducive to promoting cooperation and coordination among shareholders.
Verb (abbreviation of verb) Agreement Share Repurchase and Withdrawal Mechanism
In the process of share distribution, a reasonable share repurchase and withdrawal mechanism should be formulated. This can ensure the stable operation and development of the restaurant and protect the interests of other shareholders. Specifically, it can be agreed that shareholders shall not transfer shares within a certain period of time; Or within a certain period of time, other shareholders have the preemptive right. At the same time, it can also be agreed that shareholders can buy back the transferred shares under certain conditions.
To sum up, the share distribution of restaurants is a complex and important issue. When distributing shares, we should comprehensively consider various factors and formulate a reasonable distribution plan. At the same time, a reasonable share repurchase and withdrawal mechanism should be formulated to ensure the stable operation and development of the restaurant and the interests of other shareholders. Legal basis: Article 2 of the Partnership Enterprise Law of People's Republic of China (PRC). The term "partnership enterprise" as mentioned in this Law refers to a profit-making organization established within the territory of China according to this Law, in which all partners enter into a partnership agreement, * * * jointly contribute capital, operate in partnership, * * * enjoy benefits, * * * bear risks and bear unlimited joint and several liabilities for the debts of the partnership enterprise. Article 8 The establishment of a partnership enterprise shall meet the following conditions: (1) There are two or more partners, all of whom shall bear unlimited liability according to law; (2) Having a written partnership agreement; (3) The paid-in capital contribution of each partner. (4) Having the name of the partnership enterprise; (5) Having business premises and necessary conditions for engaging in partnership operation. Article 9 A partner shall be a person with full capacity for civil conduct.