The distribution of the company's equity shall be determined according to the amount or mode of contribution of each founder. Some people appropriately increase their holdings of technology stocks, some people appropriately increase their holdings of capital stocks, those with large shares appropriately increase their holdings, and those involved in operations also appropriately increase their holdings. After the distribution of shares, the proportion of shares, the mode of capital contribution and the rights and obligations of each person shall be clearly stipulated in the contract.
Enterprise ownership structure: absolute holding type, 67% of the shares of the founder, 0/8% of the shares of the partner/kloc, and 0/5% of the shares of the team/kloc are reserved, and finally the boss has the final say; Compared with the holding type, the founder holds 565,438+0%, the partners hold 34%, and the employees reserve 65,438+05%. Most other things can be decided by the boss. Non-holding type, the founder accounts for 34% of the shares, the partner team accounts for 5 1%, and the incentive shares account for 15%.
Legal basis:
Article 21 of the Company Law of People's Republic of China (PRC) prohibits the controlling shareholders, actual controllers, directors, supervisors and senior managers of related party trading companies from using their related relationships to harm the interests of the company. Anyone who violates the provisions of the preceding paragraph and causes losses to the company shall be liable for compensation.
Article 24 Where the number of shareholders is less than 50, a limited liability company shall be established by capital contribution.
Article 78 Restrictions on promoters: To establish a joint stock limited company, there shall be two or more promoters, and more than half of them shall have their domicile in China.
Second, what matters should be paid attention to in the company's equity distribution?
Equity arrangement should avoid these three major injuries: too scattered, too average, and not worthy of the name.
1, too scattered. For example, some companies have more than a dozen shareholders. If this happens, it is normal when the company has already raised funds to the C and D rounds. But some companies have many shareholders in the angel wheel, even in the very early days of the company. Shareholders have individuals and institutions. In this case, it is more difficult for a startup to grow bigger.
On the one hand, the company law has certain protection for minority shareholders. Firmness may occur when companies make decisions and sign documents. Although minority shareholders have few shares, they still need their consent for many things. If some minority shareholders extort large shareholders by non-signature or other uncooperative means, it may lead to a rigid situation.
On the other hand, when there are more shareholders in the company, the cost of communication and coordination will increase, and even more complicated game situations will be involved. For example, several shareholders can add up to more than half of the shares, or form a dominant position when voting, which will produce many complicated situations. When such a complicated situation occurs, it will induce a game of interests of all parties in the startup company. But this kind of infighting will affect the development of the company. Therefore, an important principle of equity design is to reduce the situation of simplifying the game.
2. it's too general. Many times, it is not because the founder of the company wants to arrange it this way. It is precisely because at the beginning, everyone could not accurately evaluate their respective contributions. At this time, a relatively even equity distribution may be formed. Fair share distribution is common among founders, such as old classmates and colleagues. When allocating equity, I tend to choose average because I look good on my face. At the beginning of the company's business, it is easy for everyone to tell a * * * knowledge, and it is easy for everyone to register the company.
But with the continuous development of the company, more problems will be exposed. The most typical thing is that in the process of the company's development, everyone's ability changes differently and his contribution to the company is different, which will lead some people to feel unfair, thus causing internal contradictions in the company and affecting the company's development. The most important influence is in voting decision, which easily leads to the complexity of decision-making.
3, the name is not worthy of the name. This situation involves many aspects, for example, the industrial and commercial registration is inconsistent with the actual agreement of the company. Including the company's equity holding, but it is not reflected in industrial and commercial registration, or only two people hold shares at the beginning of the company's registration, and then others join in one after another. In this case, the rights and interests should be adjusted. If they don't adjust in time, there will be only two shareholders registered for industry and commerce, but there are actually other people holding shares in the company.
The first phase is acceptable, but only if everyone has a written agreement. Many companies will ignore this point, because the company will enter a period of rapid development at one stage, and after entering the period of rapid development, everyone may not pay attention to this aspect. In general, there may be an agreement within the company, but this agreement is not necessarily a very accurate document, which is easy to misunderstand. For example, on the issue of giving shares, is this share given after the company financing or before the company financing? There will be a big difference.
Third, what is the key to the company's equity distribution?
1, to ensure that entrepreneurs have control over the company.
It is best for the founder to have an absolute controlling stake, and it is best to reach more than 67% of the shares. If this ratio cannot be reached, it will exceed 50%, because the company needs a leader who can make decisions, so as to better grasp the development direction of the company and stimulate the confidence and motivation of the team to become a big enterprise.
2. Maximize the equity value (attract partners, financing and talents).
As the saying goes, "wealth is scattered among people", and equity represents future wealth. Only by dispersing part of the equity can we gather excellent partners and talents.
Because equity has more long-term investment value than fixed wages. Generally speaking, with the development of the company, the equity in the hands of partners is likely to be multiplied several times, which is far less than the fixed salary. Entrepreneurs can use this to persuade and attract outstanding talents.
The above is what I told you about how the company distributes its equity. I hope I can help you. The distribution of the company's equity should be determined according to the specific situation of the proportion or mode of capital contribution of each shareholder, and it should not be too scattered, too average and not worthy of the name.