This is an extremely headache for entrepreneurs, especially when an immature entrepreneur is doing something together that may conflict for a variety of reasons, how to avoid conflict and disrupt the organization?
The establishment of appropriate equity distribution system and system;
Proper concentration of equity, and the distribution of equity in the venture should not be too wide;
The establishment of multi-level shareholding structure system can be rewarded and encouraged by the virtual equity model, and avoid the use of equity mode;
The economic interests and management rights of equity are properly separated, and the shareholding of technical personnel and non-core employees can be held by the founders.
Equity is easy to put off, as far as possible to the allocation of equity to postpone, to avoid shareholders to share shares in order to make the company embarrassing situation occurred;
Establish communication and dispute resolution mechanism to avoid the internal conflict of shareholders into the external result of damaging the company;
To establish the shareholder's exit channel, take the equity acquisition, the conversion as the basis, so that the shareholder exit after the economic benefits can be reflected.
Yunengjun
Links: https://www.zhihu.com/question/24391701/answer/27633537
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Links: https://www.zhihu.com/question/24391701/answer/27668029
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All civil law countries, including China, attach great importance to the issue of corporate capital, the company's registered capital means the company all. The company's registered capital can be used as the sole criterion for the judgment of the company's credit and guarantee ability, as well as the judgment of the qualification and ability of the enterprise's market access or enterprise operation, and it can be used as an alternative to the creditors ' risk consideration.
It can be said that the whole company law system is centered around the corporate capital credit operation. Maintaining the integrity of the company's capital has become the first task and purpose of corporate law. Reflected in the company shareholder investment withdrawal problem, that is, the performance of our company law strictly restricts the companies to reduce capital, while prohibiting the company after the establishment of the arbitrary withdrawal of investment, coupled with our company law strictly limit the limited liability company shareholder contribution to the external transfer, therefore, for the limited liability company shareholders, it once invested in a limited liability company, Even if there are significant reasonable reasons, can not easily and smoothly realize the investment exit. (These two paragraphs reproduced to others, can not find the name, it is directly used, sorry
It can be seen from this that it is not easy for shareholders to withdrawal.
However, the company law of our country stipulates the specific situation of withdrawal, the 36th article of China's Corporation law stipulates that after the founding of the corporation, the shareholder shall not flight the capital contribution and insist on the withdrawal of the shareholder in the original company. However, 75th of the Company Law also stipulates that, in one of the following circumstances, shareholders who vote against the shareholder's resolution may request the company to purchase its shares at the price of the contract: (1) The company does not distribute profits to shareholders for five consecutive years, and the company is profitable for five consecutive years, and complies with the conditions of distribution of profits under this law The separation or transfer of the Principal property, (3) The expiry of the business term stipulated in the articles of incorporation or other dissolution reasons stipulated in the Articles of association, the meeting of Shareholders shall be amended by resolution to make the company survive. Shareholders are not allowed to enter into an equity acquisition agreement with the company within 60 days from the date of the resolution of the shareholders ' meeting, and the shareholder may, from the date of adoption of the resolution of the shareholders ' meeting, start a lawsuit against the People's Court within 90 days. But the withdrawal rules are aimed at the shareholders themselves, the main help is not big.
Although there is no clear law on the mandatory shareholder withdrawal, but the individual feel that it can be from the detriment of the interests of the company, with its damage to the interests of the company on the basis of the loss of the company's business losses to undertake compensation liability; if he refuses to, can go down the slope down the donkey, forcing its withdrawal; And let it continue to operate as if it would greatly damage the interests of their own companies, have to direct prosecution of the local courts, to provide their operations to harm the interests of the company's business proof (if it is purely for business decision-making error, is a business problem, this is difficult to get support.) =========================== shares set a period of 30% shares, but 5 years, an annual increase of 6%, half-way out of the acquisition of your equity (only the company's assets at the time). Ability is not competent after the vote to force the acquisition of equity (do not know whether it is legal), the province to let other shareholders to work for you. ============================= is a small company that can do this:
1, let the company profit decline, no matter what method you use, the gradual transfer of assets;
2, pretend to give up the equity, please shareholder acquisition, because the assets have been transferred, even if he really bought it anyway;
3, if the other party did not acquire, you have a period of time to the other side of the acquisition, anyway, the assets have been transferred, not spend much money.
The point is to make the company's equity valuations the lowest when it comes to excluding shareholders.
In other words, why should it be excluded? In my opinion, if the values are too big, it can be eliminated, and if it is a small problem, don't bother.
Anonymous user
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What are the ways to eliminate shareholders?
