First, the principle of equity distribution
The distribution of equity is mostly divided into three ways: the first is equal distribution; Second, individuals have the final say; Third, the differentiated distribution of equity. Of course, both the average distribution and individual dominance are not conducive to the development of the company's equity distribution. First, the equity is evenly distributed. The advantage of this is that everyone can enjoy it together and solve problems together. However, this practice is difficult to survive in real life. Sometimes people disagree, which will reduce efficiency. Second, the boss holds 80%-90% of the shares and has absolute right to speak. Although startups are very efficient in doing so, if they have the right to speak, they are often willful and difficult to listen to others' opinions. Entrepreneurial risk is high, it is impossible to brainstorm, and it is difficult for enterprises to become big. Third, entrepreneurial bosses, that is, the core figures, occupy a large share, but bosses also need to do things. For example, if the number of entrepreneurs is less than 5, the boss should hold more than 565,438+0% of the shares. If there are more than five entrepreneurial partners, the boss can hold no more than 5 1% of the shares.
2. Does the equity transfer need notarization?
Equity transfer generally does not need notarization, but in the following circumstances, notarization is generally adopted to prevent risks: when both parties to the transfer have doubts about related matters; One of the parties fails to sign the contract in person and entrusts another person to act as an agent; When both parties consider it necessary to carry out notarization; Notarization of evidence for other purposes;
Article 13 of People's Republic of China (PRC) Company Law The legal representative of the company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.
Third, the legal basis
Article 4 of the Company Law of People's Republic of China (PRC) * * * The shareholders of the company shall enjoy the rights of earning assets, participating in major decisions and selecting managers according to law. Article 34 Shareholders shall receive dividends in proportion to the paid-in capital contribution; When the company increases its capital, shareholders have the priority to subscribe for the capital contribution in proportion to the paid-in capital contribution. Except that all shareholders agree not to share the dividend according to the proportion of capital contribution or not to subscribe for the capital contribution in priority according to the proportion of capital contribution.