1. What is the difference between equity and property rights?
1, the concept of real right is very broad, including movable property, immovable property and industrial property (patents, inventions, trademarks and other intellectual property rights).
2. Equity refers to the income right and management right owned by an investment enterprise as a shareholder of the enterprise.
The content of property right is very simple, that is, concrete property (tangible property or intangible property), while the content of equity is more complicated, including both the right to income and the nature of operation.
Only the property rights of joint-stock companies are called equity; All property ownership is collectively referred to as property rights. Property rights include equity; Equity is an aspect of property rights. If the major shareholder holds more than 5 1% in listed companies such as Tencent Zhongchuang Space; Of course, the major shareholders have the final say; If the majority shareholder does not hold more than 50% of the shares, then the number of votes shall prevail and the minority shall obey the majority. One share counts as one vote. If the representative of the major shareholder is the chairman of the board, the shareholding exceeds 51%; Of course, the chairman has the final say; If this is not the case, it is still unclear who has the final say between the major shareholder and the chairman.
Second, the relationship between corporate property rights and equity.
1. Both equity and corporate property rights are legal consequences of investment.
2. Generally speaking, equity determines the property rights of legal persons, but there are also special and exceptions. Because the shareholders' meeting is the right institution of the enterprise legal person, the resolutions it makes determine that the legal person must implement it. These resolutions and decisions are the concentrated expression of investors' exercise of equity. Therefore, in general, equity determines the property rights of legal persons. Equity is the core and soul of enterprise property rights. However, when a legal person assumes civil liability, it does not need the approval and recognition of the shareholders' meeting. This is the exception that the company's property rights are not dominated by equity. This is also an inevitable requirement of the legal person system.
3. In a sense, equity can also be said to be the control right of legal person. The acquisition of 0/00% equity of enterprise legal person/kloc-will gain 0/00% control of enterprise legal person/kloc-. The equity is in the hands of the state, and the enterprise legal person will eventually be controlled by the state; The equity is in the hands of citizens, and the enterprise legal person will eventually be controlled by citizens; The equity is in the hands of the parent company, and the enterprise legal person will eventually be controlled by the parent company. This is an indisputable social reality at all times and in all countries.
4. Equity transfer will lead to the overall transfer of enterprise property ownership, but it has nothing to do with enterprise property rights. The form of the overall transfer of an enterprise and its property is the overall transfer of its equity. The transfer of all shares means a big change of blood among the members of the shareholders' meeting, which means the change of the ownership of enterprise property. However, the full transfer of equity will not affect the change of registered capital of the enterprise, and will not affect the fixed assets and working capital used by the enterprise; Will not prevent legal persons from bearing civil liability with their property. Therefore, the property rights of legal persons will not change because of the transfer of equity.
Third, the difference between equity and shares.
1, different definitions
Shares represent a part of the company's ownership, which is divided into common shares, preferred shares and incomplete shares. Equity is the right of shareholders to obtain economic benefits from the company and participate in the management of the company based on their shareholder qualifications.
Step 2 transfer
Share transfer requires signing an equity transfer agreement, and the share transfer process involves taxes and fees. In the process of share transfer, the transferor needs to pay various taxes and fees.
1 The transferor is an individual: if the transferor is an individual, individual income tax shall be paid.
2 The transferor is a company: if the transferor is a company, more taxes and fees need to be involved.
Shareholders of the equity transfer company transfer their shares to others according to law, so that others can become shareholders of the company. Equity transfer is a common way for shareholders to exercise their equity. The first paragraph of Article 71 of China's Company Law stipulates that shareholders of a limited liability company may transfer all or part of their shares to each other.
3. Shares have the following three meanings:
1 share is an integral part of the capital of a joint stock limited company;
2. Shares represent the rights and obligations of shareholders of a joint stock limited company;
A stock can express its value in the form of stock price.
Equity is the right of shareholders, which can be divided into broad sense and narrow sense.
Broadly speaking, equity refers to all kinds of rights that shareholders can claim from the company;
In a narrow sense, equity only refers to the right of shareholders to obtain economic benefits from the company and participate in the company's operation and management based on shareholder qualification.
Generally speaking, equity refers to the rights enjoyed by investors because of their partnership with citizens and investment in enterprise legal persons.
4, the main classification
Shares:
According to the rights of shareholders, it can be divided into common shares, preferred shares and mixed shares.
According to the form of par value, it can be divided into registered shares and bearer shares, par value shares and non-par value shares.
Divided by shareholders, it can be divided into state shares, unit (legal person) shares and individual shares.
According to the object of issue, it can be divided into A shares, B shares, H shares, N shares and S shares.
There are two main types of equity:
1 egoism
That is, shareholders have the right to enjoy benefits based on their own contributions. For example, the right to share dividends, the right to distribute property when the company is dissolved, and the preemptive right when other shareholders do not agree to transfer their capital contribution. This is the right that shareholders exercise for their own interests.
2*** usufructuary right
That is, shareholders have the right to participate in the operation and management of the company based on their own capital contributions, such as voting rights, supervision rights, the right to request shareholders' meetings, and the right to consult accounting statements and account books. This is the right that shareholders exercise for the benefit of the company and also for their own benefit.