Legal basis: People's Republic of China (PRC) Company Law.
Article 84 Where a joint stock limited company is established by subscription of shares by promoters, the subscription of shares by promoters shall not be less than 35% of the total shares of the company. However, if there are other provisions in laws and administrative regulations, those provisions shall prevail.
Article 103 There is no clear restriction on the founders' shareholding when shareholders attend the shareholders' meeting, but as decision-makers, the shares must be in the majority, so that they can hold the shares and have the right to speak. The simplest method is to divide according to the proportion of capital contribution; However, it is best not to invest in the same amount. Leaders should invest a little more and form a relative holding, so as to have the backbone; Otherwise, it will be difficult to deal with the problem if there are differences of opinion in the later operation period.
If the capital contribution forms include capital, technology, management or other non-capital contribution forms, the investor does not participate in the company management, and it is better to let the person who actually manages the company control more shares.
No matter what the company's shareholder organization is, it is necessary to formulate standardized articles of association and company decision-making procedures. The manager of an instant company is not a major shareholder, but the articles of association give the manager greater decision-making power.
The better model is as follows: decision makers (bosses): more than 67%, accounting for two-thirds. There are two barriers to control, 50% (most matters decide) and two-thirds (absolute control, everything).