Equity is a comprehensive right of personal rights and property rights enjoyed by shareholders in modern enterprise form (limited liability company or joint stock limited company). That is, equity is the right enjoyed by shareholders based on their shareholder qualifications to participate in the daily operation and management of enterprises and obtain economic benefits from the company. Equity is a claim to the company as a shareholder.
There are two understandings of equity, one is more popular, that is, according to the proportion of shares of 5% and 20%, which is legally registered equity. How much legal equity you hold in the company means how much proportion of this company belongs to you. This is a narrow sense of equity understanding.
The second kind of equity is share+control right, which has obtained 0/00% equity of enterprise legal person and 0/00% control right of enterprise legal person. The state holds shares, and the legal representative of the enterprise is ultimately controlled by the state; When citizens hold shares, the enterprise as a legal person will be controlled by citizens; The parent company holds equity, and the enterprise as a legal person is controlled by the parent company. This is the basic idea of equity design.
Section two: the content of equity.
It belongs to a kind of property ownership. Shareholders who obtain shares or capital contributions of an enterprise in a legal form (such as transferee or capital contribution) can get dividends from the company's profits and the right to participate in the business decision-making of the enterprise.
Within the scope of law, shareholders enjoy the following rights:
I. Shareholders' Identity Right
According to the Company Law, a company shall issue a capital contribution certificate to its shareholders after its establishment, and the person registered in the capital contribution certificate becomes a shareholder of the company and enjoys the rights of shareholders.
The enterprise shall register the names of shareholders with the local industrial and commercial bureau, and relevant matters need to be changed. If they are not registered or changed, they cannot fight against third parties.
Second, the right to participate in decision-making
Whether it is a limited liability company or a joint stock limited company, the shareholders' meeting is composed of all shareholders, which is the authority of the enterprise and enjoys the decision-making power on major issues of the company according to law.
Third, the right to choose and supervise.
The shareholders' meeting is the highest authority of the company and has the right to elect and replace directors and supervisors. Have the right to decide the remuneration of directors and supervisors.
Fourth, the right to know.
Shareholders of the company have the right to consult and copy the articles of association, minutes of shareholders' meetings, minutes of board meetings, minutes of board meetings and financial reports, and may request to consult the company's accounting books.
Verb (abbreviation for verb) the right to hold an interim meeting.
If the board of directors fails to perform or fails to perform the duties of convening the shareholders' meeting, it shall be organized and presided over by the board of supervisors. If the Board of Supervisors fails to convene and preside over the meeting for more than 90 consecutive days, shareholders who hold more than 65,438+00% of the shares of the enterprise or 65,438+00% of the total shares may organize and preside over the interim meeting by themselves.
6. Give priority to the transfer and subscription of new shares.
Under the same conditions, other shareholders have the priority to purchase the capital contribution transferred with the consent of shareholders. When the company increases its capital, shareholders have the right to subscribe first in proportion to the paid-in capital contribution.
Seven. Withdrawal right
If a shareholder disagrees with the resolution of the shareholders' meeting, he may require the enterprise to buy back his shares at a reasonable market price on the premise of complying with the provisions of the Company Law.
Eight, subrogation and litigation rights
Directors and senior managers who violate the company's articles of association or laws and regulations and harm the interests of shareholders may bring a lawsuit to the court according to law.
Where a supervisor, director or senior manager infringes upon the rights and interests of the enterprise, the shareholders may request the relevant personnel to bring a lawsuit to the court in writing; If the relevant personnel do not bring a lawsuit, the shareholders may bring a suit of subrogation to the court.
The above pictures and texts are selected from "Overall Design Scheme of Equity System"-written by Xu Shengdeng.