Equity distribution ratio = capital contribution ÷ registered capital. If the original registered capital of the company is 900,000 yuan and the shareholders contribute 654.38+million yuan, the distribution ratio is 10/(90+ 10), that is, it accounts for 10%, unless otherwise agreed by the shareholders or the articles of association.
Under what circumstances does the company acquire its shares?
According to the law, a company cannot buy its own shares. However, this provision is not absolute. In some special cases, companies also buy shares of companies.
First, when a company eliminates its shares in order to reduce its registered capital, it can buy shares. When the company develops to a certain period, for one reason or another, such as the company's scheduled capital is too much, the company's capital is unbalanced with the existing property, and the losses are too large. In order to balance capital and property, it is necessary to reduce the registered capital and ensure the authenticity of the company's capital. The company can buy back some shares. It should be noted that the company's reduction of registered capital must be carried out in accordance with the procedures for reducing registered capital and should be resolved by the shareholders' meeting. After the company's shares are purchased, they shall be cancelled within 10 days from the date of purchase.
Second, it can be acquired when it is merged with other companies that hold shares in the company. Company acquisition is an important form of capital reorganization, which is conducive to the company's expansion of production and business activities and conforms to the law of market economy development, so the law allows acquisition. This form of acquisition shall be decided by the shareholders' meeting. After the acquisition of the company's shares, it shall be transferred or cancelled within 6 months.
The third is to reward shares to company employees for acquisition. The law allows this situation mainly because it is convenient to arouse the creativity of employees' enthusiasm for production, is conducive to the company's development and social stability, and does not violate the principle of company capital enrichment. This form of acquisition must also be decided by the shareholders' meeting. In order to ensure the stability of the securities market, the shares purchased by the company shall not exceed 5% of the total issued shares of the company; In order to ensure the principle of capital enrichment of the company, the funds used for acquisition should be paid from the company's tax profits, and the acquired shares should be transferred to employees within 1 year.
To sum up, shares are the proportion of registered capital or the total value after capital increase. Shares represent the rights and obligations of shareholders in the company, and also represent the right to speak, not the turnover or net income.
Legal basis:
company law
Article 27
Shareholders can make capital contributions in currency, or in kind, intellectual property rights, land use rights and other non-monetary properties that can be valued in currency and transferred according to law; However, except for the property that cannot be used as capital contribution as stipulated by laws and administrative regulations.
Non-monetary property as capital contribution shall be evaluated and verified, and its value shall not be overestimated or underestimated. Where there are provisions in laws and administrative regulations on evaluation and pricing, those provisions shall prevail.