1 entrepreneurial project problem
Farijun has contacted many entrepreneurial teams. At first, he started his business because he discovered business opportunities-entrepreneurial projects, and then he matched professional teams according to the projects, and then he registered the company. Therefore, it can be said that entrepreneurial projects are the basis for the establishment of start-ups and are related to the gathering and dispersion of the whole team. Many entrepreneurs
are concerned about the profit rate of the project, and the reason to attract others to join in is that the project makes money. There are few people in the market and there is little competition, which is like discovering a gold mine. However, after operating for a period of time, it was found that it was not the case, and people often reported it. Those who were light were investigated by relevant departments, and those who were heavy were jailed because the entrepreneurial projects were illegal. Farijun has encountered many such cases.
entrepreneurs should know that unless you are Jack Ma and Bill Gates, you really have the ability to gain insight into the opportunities, otherwise others will see the business opportunities you see. The reason why few people do it is generally that the risks are great. Therefore, Farijun suggested that start-ups should consult professional lawyers on the legality of entrepreneurial projects before setting up. Of course, entrepreneurial teams are generally limited to the issue of funds to save money, but this cost can not be saved, because it is related to the life and death of the company.
2 equity structure problem
The most common equity structure problem of start-up companies is equity averaging-equity is divided equally according to the number of founding shareholders. Because people who start businesses together are basically friends or colleagues, in order to implement the principle of equality and friendship, many people are ashamed to advocate equity share, and finally everyone will share it equally. Two shareholders of the company each hold 5% of the shares, and three shareholders each hold one-third of the shares.
one of the great disadvantages of the average equity ratio is that when shareholders have differences on the operation of the company, they often cannot form effective decisions, and many things are difficult to advance. In the long run, it will seriously affect the normal operation of the company and even make the company on the verge of dissolution.
in order to avoid the above problems, Farijun suggested that the core founding shareholders should hold at least 51% of the shares of the company, so as to decide the general business matters of the company and have the relative control right of the company. However, in order to make decisions on amending the Articles of Association, increasing or decreasing the registered capital, and matters such as merger, division, dissolution or change of corporate form, at least two-thirds of the shares of the company are required, which is the absolute controlling right of the company, which can determine the future development direction of the company and realize the purpose of starting a business. Because start-ups have to solve the problem of survival, efficient decision-making efficiency is the foundation of survival. Of course, such a shareholding structure will not only help the company improve the efficiency of decision-making, but also help the company attract investment. As an investment institution, compared with a company with average equity, I prefer a company whose equity is relatively or absolutely controlled by a core shareholder. If the company's equity has been divided equally, it is not invalid and can be saved. By signing the Concerted Action Agreement or other methods, the core founders of the company can have relative or decisive control.
of course, the above are only suggestions for the design of the equity structure of start-up companies. In fact, the shareholding structure should be constantly adjusted with the continuous development of the company, so as to ensure the maximization of the company's profits.
3 Articles of Association
As we all know, the constitution is very important to a country, which can be said to be the foundation of the country. The company's articles of association are equivalent to a company's constitution. In case of disputes within the company, it is necessary to give priority to finding the basis in the company's articles of association without violating the mandatory provisions of the Company Law, which means that the company's articles of association have priority effect. In fact, this is also a "concession" made by the Company Law in order to fully protect the company's "independent management right".
At present, many companies registered by entrepreneurial teams are entrusted by registered companies, and the articles of association filed by the Industrial and Commercial Bureau are also a model for the agency companies to pull from the Internet, with only some basic terms. For example, the company provides guarantee for shareholders, the articles of association of a limited liability company and a joint stock limited company should specify matters, the convening of
interim shareholders' meeting and shareholders' meeting, the procedures for convening and presiding over shareholders' meeting and shareholders' meeting, the nature of resolutions of shareholders' meeting, and so on. Because these clauses are mandatory clauses set by the Company Law, they cannot be broken, and they are not the core values of the articles of association.
on the contrary, the most important significance of the company's articles of association is to set up clauses that can guarantee the stable and benign operation of the company on the flexible clauses allowed by law. For example, the method for the formation of the chairman and vice-chairman of a limited liability company, the succession of shareholders' qualifications after the death of a natural person shareholder of a limited liability company, and the external transfer of shares can all be agreed upon by the company's articles of association. In particular, the succession of shareholders' qualifications after the death of natural person shareholders of limited liability companies, whether and how to agree, has a great impact on the company.
4 transaction risk problem
The first task of a startup is to survive, and billing is particularly important for the startup. Therefore, when signing a contract, it is inevitable to be impatient and neglect the investigation, leaving many legal hidden dangers and even encountering fraud in serious cases. To this end, Farijun suggested that start-up companies should do basic due diligence before signing a contract, and at least pay attention to the following three aspects: 1) Whether the counterparty has relevant industry qualifications is very important, which will even affect the effectiveness of the contract < P >; 2) Whether the counterparty has the ability to perform the contract, it is necessary to simply understand the past business cases of the following enterprises and the company's creditor's rights and debts, which can be verified through friends, the Internet, some professional enterprise query software or professional institutions to prevent the contract purpose from not being realized but the funds from being locked up after signing; 3) The identity and authority of the contractor, whether it belongs to the employees of the company, whether it has the corresponding contract signing authority, etc. If
the contractor is an unauthorized agent, the contract will be in a state of undetermined effectiveness, which will affect the performance of the contract and even cause great losses. In addition, when signing a contract, we should also pay attention to the stipulations of important terms such as delivery terms, inspection terms, right defects, dispute terms, etc., so as to prevent the two sides from wrangling in case of disputes and protect the interests of the company to the maximum extent.
5 Intellectual property issues
The core of entrepreneurial projects of many science and technology enterprises and cultural and creative enterprises is intellectual property rights, such as an application applet, a new trading model, a new design or process technology. These are the core wealth of a startup company, which must be protected by copyright, patent right or trade secret. Otherwise, once listed, it may face the risk of being imitated, copied or even preemptively applied for a patent, and the company's operating foundation will be shaken. In addition, the company's LOGO, name and WeChat WeChat official account should be protected by registered trademarks, so as to prevent infringement and accumulate goodwill.
6 problems of fiscal and taxation norms
At the initial stage of operation, finance or cashier are generally in a vacant state, and the founders work part-time. Because the operators are not professionals, there are often great legal risks for the company. Farijun especially reminds startups to pay attention to the problem of falsely issuing invoices and recording < P > tickets. Many start-up companies have no business at first, so they can't resist the temptation of others to make false VAT invoices for others, which eventually leads to administrative punishment or criminal punishment. Farijun suggested that start-ups must be cautious in taxation and never step on the legal red line.