The company let the employees into the shares is a scam
The company let the employees into the shares is a scam, every enterprise dreams to have a loyal service enterprise, unity and hard work, can with the enterprise honor and disgrace and **** of the workforce, but this is also the need for the efforts of the management of the enterprise. The following share company let employees into the shares is a scam?
The company let employees into the shares is a scam 1The company let employees into the shares is reliable? What circumstances will let employees into the shares, which is not illegal fund-raising?
Reliable. Does not belong. Employees believe that the enterprise has prospects, and found the core competitiveness of the enterprise, the enterprise also put forward a number of improvement measures.
If the enterprise lets the employees after the shares, the employees enjoy the legitimate rights and interests of shareholders, this way is legal, and does not constitute illegal fund-raising. However, if the boss let the employees into the shares of the purpose is to illegally occupy the employees of the fund-raising money, the subsequent boss absconded with the money to bring losses to the employees, this behavior belongs to the illegal fund-raising, constitutes a fraud, and be held criminally liable.
Expanded:
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Before you get into the company in the end how much money, that is to say, how much net assets, if you have the conditions to ask the accounting firm to audit the more assured, of course, if the company is relatively small, it does not matter.
The way to understand, is to add new registered capital, or equity transfer.
New registered capital, to do a good job of capital verification procedures, modify the articles of association, and then to the Industrial and Commercial Bureau for change registration procedures.
If it is a transfer of equity, you have to modify the articles of association, and then go to the Industrial and Commercial Bureau for registration of changes.
The company allows employees to share is a scam 2
A low-level set: the company allows employees to be such "shareholders"; but the court found that it is not the shareholders
More experience, the habit of feasibility of familiar with the maneuver, it will be naturally formed a number of routes. With the set of things to do, you can significantly reduce the burden of brain power.
But there is another kind of routine that is deceptive and wants to fool people.
In reality, many companies use so-called equity programs to "incentivize" employees. Similarly, some companies use so-called partnership programs to "incentivize" employees. In this case, there are two broad categories of motivation.
The first group of companies has a normal starting point and motivation. They are still operating from normal labor relations and business logic, and on the basis of basic business ethics.
Typically, these companies will give their employees reasonable compensation and benefits, and then on top of that, set up some additional equity incentive programs to try to achieve the "consolidation of the core team or motivate employees. Of course, as to whether these programs can achieve the purpose, this is another aspect of the problem, here will not be expanded.
The second type of company, the starting point is a little bit wrong, or a little bit evil.
However, the degree of "evil" is different.
To a lesser extent, they want to reduce their operating costs by replacing part of their employee compensation with some form of employee stock ownership. This approach is actually disadvantageous for employees.
Since these types of companies can't even fully support basic and reasonable compensation for their employees, the value of the equity in these companies must be relatively low. Typically, the equity can't be liquidated, and there's little chance of getting dividends in the years that are visible. In practical terms, the employee gets paid less than the market average, and then holds an almost worthless piece of equity in his hand.
To a more serious degree, the most ruthless ones we've seen are those that don't even pay salaries, but only give the so-called virtual equity and the false name of shareholder or partner, and let the employees wait for the corresponding dividends or commissions. This is the kind of business mentality that seems to want to achieve such a purpose: to make employees think they are shareholders or partners.
To think that they are the master of the company, but at the same time to prevent employees from really having the rights of shareholders, so that we have reached a "let the employees to master the attitude of obligation, but not to master the identity of the exercise of the right" state.
Perhaps some people will say, "How can anyone be so stupid as to fall for such an obvious trick?
Let's put it this way, all kinds of old-fashioned fraudulent tactics in society are always able to deceive people. This may be human nature, may also be due to the reason that our country's population base is relatively large, there is always a certain number of people have such a degree of cognition. Various short videos on the Internet, often see a class of gushing "understand the applause" video, many people look at such a video will laugh, laughing at how anyone would pay to listen to their lessons? But the truth is that a significant number of people will recognize what they are saying.
Some people have asked, "Why don't you practice your Putonghua and then come out and cheat again," in the phone scam, posing as a bank customer service agent?
Someone answered: This is to screen the right target customers.
A recent case to see how the People's Court understands and recognizes this kind of routine.
Plaintiff Company A filed a lawsuit to the court:
1, ordered Wu to stop engaging in the education training team enrollment, essay training, word training, robot programming training, and other education and training industry work;
2, ordered Wu to pay liquidated damages of 1,000,000 yuan to the Company A;
3, by Wu Mou bear all the litigation costs in this case.
The plaintiff company A that Wu is the internal shareholders of company A, Wu withdrew his shares in the form of "shareholders contract termination agreement" written commitment within three years shall not be engaged in and invested in similar and the same industry in China, or else share capital and dividends will not be issued and refunded, and will be compensated for breach of contract of 1,000,000 yuan to the company.
After the withdrawal of Wu Mou's shares, he joined a third party to engage in education and training team enrollment and education and training work, Wu Mou violated the non-competition provisions of the written agreement, which seriously harmed the legitimate rights and interests of the Company.
Wu argued that the case is not a civil and commercial disputes but labor arbitration disputes, Wu is a worker in the company, with the employer is a labor dispute. Comprehensive characterization of the contract in this case, the share agreement is an equity incentive agreement, belong to the subsidiary text of the labor contract. It is not the same as a civil equity agreement, and is a completely different nature of the two contracts. The two clauses of the case is not binding or invalid, Wu asked to suspend the case.
The company let the employees into the shares is a scam 3
First, the boss let the employees into the shares is considered illegal fund-raising?
The enterprise fund-raising refers to the enterprise to the community or the enterprise internal workers to raise funds. The enterprise collects funds generally take the public issue of enterprise bonds for the society or to the enterprise internal workers to issue enterprise internal bonds way. If the employee voluntarily shares, and the company gives the equity certificate and the company's shareholders rights, it is not illegal fund-raising. As shareholders, they may inspect the company's financial books in accordance with the law. However, if it is for the purpose of illegal possession, after the employees into the shares of the capital will be squandered or transferred, will constitute illegal fund-raising.
Second, the means of illegal fund-raising
(1) the promise of high returns, the fabrication of "pie in the sky", "overnight rich" myth. The lure of profiteering is the only way for all [fraud] criminals to deceive the masses. The lawless elements in order to attract more people, often promising investors to reward, points rebates and other forms of high returns.
In order to deceive more people to participate in the fund-raising, illegal fund-raisers began to cash in full on time the first investor's principal and interest, and then is to tear down the east wall to make up for the west wall, after the fund-raisers to cash in the previous principal and interest, and so on to reach a certain scale, will secretly transfer funds, absconding with the money.
(2) the fabrication of false projects or enter into a trap contract, step by step, the masses will be cheated into the quagmire. Unlawful elements to plant cactus, spirulina, aloe vera, dragon fruit, Cordyceps sinensis, breeding ants, black guinea pigs, deer, poultry recycling, etc., in the name of cheating the masses of funds; the development of the so-called high-tech products in the name of absorbing the public deposits; some fabricated planting forests, capital construction and other false projects, to deceive the masses of "investment in the stock! "Some of the stores to rent back to the way, the promise of high fixed income, to absorb public deposits.
(3) confuse the concept of investment and finance, so that the masses in the dazzling new terms before losing judgment. Unlawful elements have the use of electronic gold, investment funds, network speculation and other new terms to confuse the masses, falsely referred to as the new investment tools or financial products; some of the use of monopoly, agency, franchise chain, consumer value-added rebates, e-commerce and other new business methods, to deceive the masses to invest.
(4) window-dressing, with the legal trappings or celebrity effect to deceive the masses of trust. In order to put on the legal cloak for criminal activities, the lawless elements often set up companies, complete business license, tax registration and other formalities, in order to cover up their illegal purposes, without the actual business or investment projects. These companies take in luxury office buildings to rent office space, hiring celebrities for advertising and other increased publicity, to deceive the masses trust.
(5) the use of the network, through the virtual space to commit crimes, to avoid the crackdown. Unlawful elements rented offshore servers to set up a website or located in a different place, the development of the head of the general use of code names or screen names. Some also through websites, blogs, forums and other online platforms and QQ, MSN and other instant messaging tools, the dissemination of false information, luring the masses to fall for.
Once investigated, the following line does not operate according to the rules and other names, quickly closed the site, absconded with the money. In the absconding before also released the so-called notice, to the downline personnel to remember their own performance, the commitment to the future to return to the profit, so as to stabilize the deceived masses.
(6) the use of mental, physical coercion or affectionate enticement, and constantly expanding the victim group. Many participants in illegal fund-raising are involved in the low-risk, high-return persuasion of relatives and friends. Criminals often use relatives, friends, fellow villagers and other relationships to lure with high interest rates to obtain funds illegally.
Some of those who have joined the pyramid scheme, under the mental brainwashing or physical coercion of the pyramid scheme organizations, in order to complete or increase their performance, they do not hesitate to use their relatives and geographic ties to solicit their relatives, friends, classmates, or neighbors to join them, and some of them do not even spare their own parents, spouses, and children, which results in a turning of the tide of kinship, leading to a tragedy in the human world.
If a company lets its employees join the company after the employees enjoy the legal rights of shareholders, this approach is legal and does not constitute illegal fund-raising. But if the boss let the employees into the shares of the purpose is to illegally occupy the employees of the fund-raising money, the subsequent boss absconded with the money to bring losses to the employees, this behavior belongs to the illegal fund-raising, constituting fraud, to bear criminal responsibility.