What is a performance sharing agreement, how to sign it and what should I pay attention to?

Performance shares refer to the shares that shareholders can occupy a certain proportion of the company's shares without actual capital contribution.

Performance agreements generally include: capital contribution, voting rights, responsibilities, dividend ratio, time, delivery method, liability for breach of contract, etc.

Note that you can't write performance shares or how many shares you don't actually pay when you are in industrial and commercial registration. But in another way: what percentage is technology and patent right? Or how much cash has been invested (in fact, this money is paid by other shareholders).

Extended data:

Article 35 of the Company Law of People's Republic of China (PRC) stipulates: "Shareholders shall receive dividends in proportion to their paid-in capital contribution; When the company increases its capital, shareholders have the priority to subscribe for the capital contribution in proportion to the paid-in capital contribution. However, all shareholders agree not to share the dividend according to the proportion of capital contribution or not to give priority to the capital contribution according to the proportion of capital contribution. "

Then let's assume that the registered capital of a company is 10000 yuan, which is clearly stipulated in the articles of association submitted to the industrial and commercial bureau: Party A contributes 9900 yuan, with a dividend of 60%, and Party B contributes 100 yuan, with a dividend of 40%. At this time, the actual contribution of B is only 1%, but it is based on 40%.

At the same time, because the second paragraph of Article 3 of the Company Law of People's Republic of China (PRC) stipulates that "the shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company are liable to the company to the extent of their subscribed shares. Therefore, when B takes responsibility, it only bears the legal responsibility of 100 yuan.

Because this dividend ratio is written in the company's articles of association according to law and reported to the industrial and commercial bureau for the record, this so-called "performance share" is a "performance share" guaranteed by law.

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