How to write the equity agreement of the investment company?

Legal analysis: the equity agreement for investing in a company should be based on clarifying the rights and obligations of both parties, including reviewing the qualifications of shareholders and clarifying the amount and method of capital contribution. Solve problems such as property rights transfer procedures within the agreed time. As a shareholder, equity investment has the right to participate in decision-making and voting. Therefore, when drafting the equity investment agreement, we should pay attention to the above matters and clearly stipulate the rights and obligations of both parties and the liability for breach of contract. According to the profits realized by the enterprise, enjoy dividends, and the debt investment is a creditor, which is equivalent to lending money to the other party. It doesn't have the right to vote, but only collects interest regularly according to the agreement of creditor's rights, and this interest is generally fixed and has no direct relationship with the operation of the enterprise.

Legal basis: Article 216th of the Company Law of People's Republic of China (PRC). The meanings of the following terms in this Law:

(1) Senior management refers to the manager, deputy manager, financial officer, secretary of the board of directors of a listed company and other personnel stipulated in the articles of association of the company.

(2) Controlling shareholders refer to shareholders whose capital contribution accounts for more than 50% of the total capital of a limited liability company or whose shares account for more than 50% of the total share capital of a joint stock limited company; Although the capital contribution or the proportion of shares held is less than 50%, but according to their capital contribution or shares held, shareholders have enough voting rights to the shareholders' meeting and the resolutions of the shareholders' meeting.

(3) "Actual controller" refers to a person who is not a shareholder of the company, but can actually control the company's behavior through investment relations, agreements or other arrangements.

(4) Relationship refers to the relationship between the controlling shareholder, actual controller, directors, supervisors and senior managers of the company and the enterprises directly or indirectly controlled by them, as well as other relationships that may lead to the transfer of the company's interests. However, state-controlled enterprises are not related only because they are controlled by the state.