Is there any risk in holding shares in the company? In recent years, with the development of economy, various investment methods have gradually emerged. Many investors invest in stocks with capital, hoping to get higher returns by investing in stocks. So is there any risk in holding shares in the company?
Is there any risk in holding shares in the company? 1 1. What are the risks of the company's shareholding?
(1) Risk of investment loss: If the company goes bankrupt, the more shareholders invest, the greater the risk of loss.
(2) No return on investment: If the company is not well managed, there will be no gains or losses for shareholders.
(3) Take legal risks: illegal operation, etc.
(4) Internal risks: infighting, trust crisis, etc.
Second, what should I pay attention to when entering the company?
(a) pay attention to indicate the number of shares of the company, and the shares should be clear;
(2) Attach importance to the establishment of the company's management organization;
(3) Try to find out the company's financial status, profitability and external liabilities;
(4) Pay attention to the company's current operation, whether there are lawsuits for mismanagement, etc. ;
(5) It is necessary to clarify the distribution method of shareholders' profits.
(6) Clarify the provisions of the shareholder withdrawal mechanism to avoid future disputes.
3. What are the ways for the company to become a shareholder?
(1) Mode of monetary contribution. The way of monetary contribution refers to the way that shareholders directly invest in the company with funds. Before the company is registered, the shareholders shall pay the subscribed capital contribution in full in currency, deposit it in the temporary account opened by the limited liability company in a bank or other financial institution, and show their credit certificates to the company to confirm their capital contribution qualification and ability.
(2) Investment in kind. Physical investment must be evaluated and appraised, and the state-owned assets management department should calculate and confirm the evaluation and appraisal results. Where a shareholder makes a contribution in kind at a fixed price, it shall go through the transfer formalities of the contribution in kind at the time of company registration and be verified by the corresponding capital verification institution.
(3) Industrial property investment mode. Industrial property investment can be roughly divided into two categories: one is patent right and trademark right; One is know-how. Shareholders use industrial property rights (including non-patented technology) as their capital contribution to the company. Shareholders must be the legal owners of industrial property rights (including non-patented technology) and confirmed by legal procedures.
Shareholders who contribute their capital at a fixed price with industrial property rights (including non-patented technology) must make an evaluation and go through the transfer formalities before going through the company registration.
At the same time, the Company Law stipulates that the fixed capital contribution of industrial property rights shall not exceed 20% of the registered capital of a limited liability company.
(four) the way of land use right investment. Where the land use right is used as the capital contribution, it must be assessed and priced by the land management department of the people's government at or above the county level, reported to the people's government at or above the county level for examination and approval, and the corresponding land use certificate shall be handled.
Is there any risk in the company's shareholding? 2 Any investment has certain risks, and the risks of equity investment can be divided into the following categories:
1, investment decision risk
The risks of investment decision-making are mainly reflected in inaccurate project positioning and omissions in decision-making procedures.
Each project has a specific industry, and investors do not understand the industry, industry cycle and market environment where the project is located, which will cause industry positioning risks. Incomplete understanding of the technical level and production capacity of the project enterprise and inaccurate positioning of the development stage of the invested enterprise will lead to the risk of investment type selection.
Take the investment in the real estate industry as an example. When the economy turns from a trough to an inflection point of recovery, enterprises such as construction and cement will take the lead in benefiting, and the stock price rise will start ahead of schedule.
However, real estate is a cyclical industry. Once the market demand is close to saturation, the development pressure of the real estate industry will double. At this time, investors should consider turning.
In addition, before making investment decisions, we have to go through a series of procedures, such as investment letter of intent, due diligence, financial and legal audit, etc. Imperfect investment procedures, incomplete due diligence, and program omissions may cause unpredictable risks.
2. Business risks
Enterprise management risk mainly refers to the management risk of the invested enterprise. The risk may be caused by changes in the market environment of the industry where the project is located, such as economic recession. It may be a mistake in business decisions, such as blind expansion and excessive diversification.
It may also be that the ability of enterprise managers is insufficient or the management team is unstable. Changes in business conditions can easily lead to adverse situations such as performance decline, shutdown and bankruptcy. , thus affecting the withdrawal of equity investment funds through listing, equity transfer and management repurchase. , resulting in no return on equity investment or even loss of principal.
In the worst case, it may even lead to a complete loss of principal.
Cai Dabiao, the former chairman, rashly implemented the "family-oriented" internal management reform, which triggered internal contradictions and led to the withdrawal of almost all venture capital funds. In the end, Cai Dabiao was sentenced to 14 for embezzlement and misappropriation of funds, and nearly 50% of the shares were auctioned by the judicial authorities.
3. Capital market risk
Sudden changes in specific policies and regulations of certain industries and certain investment methods, that is, changes in the capital market, may increase the unexpected risks of investors. The' capital market risk' here mainly refers to the risks brought by policies (such as monetary policy, fiscal policy, industrial policy, regional development policy, etc.). When the policy changes, the market price fluctuates and the risks appear immediately.
This kind of risk is a systematic risk that any investment project can't avoid, because the changes of macro policies such as interest rate adjustment have an impact on every enterprise in the system, but different industries are affected to different degrees.
In addition, equity investment is prone to market manipulation or insider trading, which undermines the principle of openness, fairness and justice in the capital market, thus causing losses to some investors. At present, it is still very difficult for public security organs to supervise these behaviors.
On April 29th, Xu Xiang, a private equity tycoon known as "investment genius", was arrested on suspicion of insider trading and market manipulation. It is reported that his sentence may be 20 years. It can be said that insider trading and market manipulation are the biggest illegal acts in the securities market at present.
4. Legal risks
Legal risks are mainly reflected in legal issues such as contracts and intellectual property rights. Management contracts or other similar investment agreements signed between equity investment funds and investors, such as security of deposit and guaranteed rate of return, are often not protected by law, which is one of the investment risks. Improper conclusion of equity fund investment agreement and protection of trade secrets may also bring contract legal risks.
Intellectual property law is of special significance to scientific and technological enterprises. If the core of the selected project is technology, we should pay attention to whether there is legal risk in the intellectual property rights of the core technology.
If the intellectual property rights such as trademarks and patents owned or used by the target enterprise are abnormal, it will affect the entry of capital and even bear the responsibility for breach of contract or contracting negligence.
For a startup company, the labor relationship between the entrepreneur and the original unit, the confidentiality of the original unit's proprietary technology and business secrets, and the agreement to abide by the prohibition of horizontal competition may all lead to intellectual property disputes.
In addition, legal risks are also manifested in the daily operation of the target enterprise, such as contract risks, irregular business risks, accidental injury risks of employees, imperfect rules and regulations, and lax management of company seals.
5. Implementation risk
The main influencing factor of execution risk is time. For equity investment, the investment cycle is generally long, and the withdrawal period of equity is generally three years, or five to seven years or even longer.
However, not all equity investments can be listed and cashed out within the agreed time and have a good ending. More investment projects may not be listed or can only be transferred within the original shareholders for various reasons. Therefore, the imperfect exit mechanism will increase the risk of equity investment funds because there are many uncertain factors.
The execution risk is also reflected in the operation of the investment process. The investment process is complex, involving industrial and commercial registration, taxation, foreign exchange management, approval by ministries and commissions, and IPO preparation. The more complicated the implementation process, the longer it takes, which will affect the time cost and return rate of investment.
To sum up, the answer to the question of whether equity investment is risky is yes. Although the return on equity investment is rich, it is not a foolproof investment. On the contrary, it has many risks.
Including decision-making, management and policies, may affect the return on equity investment. Therefore, everyone must be cautious when investing, and consult professionals in related fields such as finance and lawyers in detail to obtain returns on the premise of reducing risks as much as possible.
Is there any risk in the company's shareholding? 3 issues that need attention in equity investment.
Equity investment, also known as venture capital, refers to an enterprise buying shares of other enterprises or directly investing in other units with monetary funds, intangible assets and other physical assets, with the ultimate goal of obtaining greater economic benefits, which can be obtained by sharing profits or dividends or other means. As an ordinary individual investor, the following points can be used as a reference:
(a) according to their own risk tolerance, do what you can.
Because of the high risk and high return of equity investment, the rational investment strategy is to regard equity investment as a part of investment allocation, instead of concentrating all funds on equity investment.
(2) Consider the term of equity investment and avoid term mismatch.
The term of equity investment usually exceeds one year, most of which is 1-3 years, and some even reach 10 years. Individual investors must know the investment period of the equity investment they participate in, and the capital invested must match it. Otherwise, using short-term funds to participate in medium-and long-term equity investment will inevitably lead to liquidity problems.
(3) The principle of self-owned capital investment.
The characteristics of long-term equity investment and high risk determine that ordinary individual investors should adhere to the principle of participating with their own funds. If financing investment is adopted, although it will produce the leverage effect of income, it will also lead to the superposition of risks. As an ordinary investor, it should be the best choice to participate in equity investment within the range that you can afford.
Generally speaking, there are many risks in investing in shares, including decision-making risk, business risk of the invested enterprise, legal risk and so on.