One,
Matters needing attention in implementing employee stock ownership before listing:
1. It needs to be arranged according to the actual situation of the listed entity, such as the actual controller, capital structure, industry characteristics, employee wishes, etc. , flexible, there are no rules in practice.
2. The limited company stage before or after the restructuring can be changed into a joint stock limited company according to the specific circumstances.
3. The allocation of specific personnel and equity amount is the key link of employee equity arrangement, and the actual results and allocation procedures should be as reasonable, fair and open as possible to meet the psychological expectations of most people.
4. Whether obtaining new shares by transferring old shares or increasing capital and shares, it is necessary to ensure that employees' shareholding rights and interests are clear, the sources of funds are legal, and the equity transfer funds and capital contributions are in place.
5. In the arrangement of employee stock ownership, we should carefully stipulate the changes of their rights and interests, the rights and obligations of the employees holding shares, especially the restrictions, including, for example, the scope of employee stock ownership, the number of employees, the transfer of shares after leaving the company, and the effective conditions. Such special agreements or arrangements are easy to attract the attention of regulatory authorities, so it is necessary to ensure that:
(1) All shareholding employees are aware of the purpose and content of the agreement or agreement, and the signing of the agreement is voluntary, and the intentions of all parties are true;
(2) The agreement or agreement does not violate the mandatory provisions of laws, regulations and other normative documents;
(3) All parties shall follow the principle of fair, just and reasonable pricing to determine the transfer price, so as to ensure that there are no disputes and potential disputes arising from the performance of the agreement with the company after the employee leaves the company;
(4) The buyback arrangement after employees leave the company will not affect the certainty of the future shareholding structure of listed entities or the controlling position of actual controllers.
Second, the judgment of the purchase value of employee stock ownership plan
1 first of all, you have to know something about the company and judge whether the company's business is good or not, which is the basic prerequisite for buying company shares.
2. To buy shares of the company and become a shareholder, you need to know the financial situation of the company. For example, how many assets, how many liabilities, how much cash in the account, how much income and profit there are in a year.
Three, two common situations worthy of vigilance
1, in the name of introducing partners, let people pay for shares, and continue to develop offline in the process. This essence does not belong to the category of employee stock ownership.
2, then go public next year, now let employees have the advantage, and you can buy shares at a low price. In view of this situation, I don't know where this enterprise intends to go public. If it is a-share, it will take a lot of time from standardizing the company's operation to submitting materials, to approving the issuance by the CSRC, and then to listing. Even if the IPO accelerates now, it is not easy to go up.