Equity distribution of two-person company

Legal analysis: Generally, there are two situations in the initial stage of partnership. One is that two people agree to be optimistic about a project, set up a company together and start a business together; The other is that a person is optimistic about a project and decides to set up a company to start a business, but a person is weak, so he finds a partner, gives a certain share and starts a business together.

In the first case, the strength of the two partners is equal, and there can be no big difference in shares. But it is definitely not appropriate to share the shares equally, because it is impossible to resolve differences in future operations. In view of this situation, my first choice is for two people to fully negotiate. If one of them holds more than 565,438+0%, the income will be evenly distributed. The extra shares of one party shall be compensated with interest according to the amount of borrowed funds. For example, if the capital contribution is 6,543,800,000 yuan, Party A's 5,500,000 yuan and Party B's 4,500,000 yuan, and the equity ratio is 55:45, the profits of both parties can be shared equally, and Party A's extra 6,543,800,000 yuan will pay interest according to the bank loan. In case of loss, this 6,543,800 yuan can be given priority.

The second situation is simple. One party is absolutely in control, and it is suggested that the controlling party should account for more than 67%, and the other party should give a certain proportion of equity as appropriate. In addition, a certain proportion of equity should be reserved to attract capable talents to join.

Legal basis: People's Republic of China (PRC) Company Law.

Article 166 When distributing the after-tax profits of the current year, the company shall allocate 10% of the profits to the company's statutory reserve fund. If the accumulated amount of the statutory common reserve fund of the company is more than 50% of the registered capital of the company, it may not be withdrawn.

If the statutory reserve fund of the company is insufficient to make up for the losses of the previous year, the profits of the current year shall be used to make up for the losses before the statutory reserve fund is withdrawn in accordance with the provisions of the preceding paragraph.

Article 142 A joint stock limited company shall not transfer the shares of the company held by the promoters within one year from the date of its establishment. Shares issued before the public offering of shares by the company shall not be transferred within one year from the date of listing and trading of the company's shares on the stock exchange.