How to write the company’s shareholder structure, background, and equity structure

How to write the company’s shareholder structure, background, and equity structure

Fill in the name, capital contribution, and equity ratio.

What does the company’s equity structure mean?

Equity structure refers to the proportion of shares of different nature and their mutual relationship in the total share capital of a joint-stock company. It is mainly divided into state shares, legal person shares and tradable shares.

Equity structure is the basis of corporate governance structure, and corporate governance structure is the specific implementation form of equity structure. Different ownership structures determine different corporate organizational structures, which determine different corporate governance structures, and ultimately determine the behavior and performance of the company.

How to write the equity structure

Fill in the name, capital contribution, and equity ratio.

Questions about the equity structure of a limited liability company

There are two ways to invest in shares, one is to increase capital and expand shares, and the other is to transfer equity. If capital is increased and shares are expanded, the registered capital will be changed to 1.5 million, with a accounting for 40%, b accounting for 26.7%, and c accounting for 33.3%. If it is an equity transfer, the registered capital remains unchanged, and a and b transfer part of their equity to c. The specific shareholding ratio after the transfer depends on how much a and b each transfer.

How to design the equity structure of a new company

However, as an enterprise develops, there will inevitably be incomings and outgoings, and various conflicts of interest will inevitably arise in distribution. At the same time, in practice, there are many special equity interests such as dormant shareholders and dry shares. These uncertain factors intensify the risks of company operations. When a company operates, various internal contradictions emerge. In conflicts, the basis for shareholders to protect their own interests is equity Proportions and shareholder rights. Therefore, in practice, many small and medium-sized investors ignore the adjustment of equity proportions and shareholder rights, and end up in a dilemma within the company's internal conflicts. This situation also pushes the company to the edge of risk loss. Therefore, Yu Zushun The lawyer believes that a reasonable equity structure is the cornerstone of a company's stability. 1. Equity structure is not a simple equity ratio. Many investors know that equity ratio is the main factor in obtaining company management rights. If the equity structure design is understood as a simple equity ratio or investment ratio, the following discussion will have no practical significance. The equity structure design is a shareholder rights structure system based on the shareholder equity ratio and through a series of adjustments to shareholder rights, the powers and voting procedures of the shareholders' meeting and the board of directors, etc. 2. Equity ratio and company management company decision-making Equity is a kind of ownership based on investment. Company management rights come from equity or equity-based authorization. Company decision-making comes from equity, and at the same time it affects the direction and scale of company management. Some investments Investors only invest but do not participate in company management. Some investors also participate in company management. As long as shareholders invest, they will have certain decision-making rights. The difference lies in the degree of decision-making participation and influence. Therefore, whether the opinions of shareholders can have an impact The decision-making opinions on the management and operation of the company are very important, and the primary basis for obtaining decision-making power is the equity ratio. The shareholder who obtains the decision-making power is the legal controlling shareholder. The meaning of the controlling shareholder in the company law refers to the proportion of its capital contribution to the limited liability company. Shareholders who account for more than 50% of the total capital of the company or whose shares account for more than 50% of the total capital of a joint-stock company; although their capital contribution or proportion of shares held is less than 50%, their capital contribution Shareholders whose amount or voting rights held by the shares are sufficient to have a significant impact on the resolutions of the shareholders' meeting or general meeting of shareholders.

In this case, you need to work hard on drafting the company's articles of association at the beginning of the company's establishment. Through the company's articles of association, you can expand your voting rights. This design breaks through the common practice of equal shares and equal voting rights. To realize this equity The purpose of design is generally to have certain market advantages, technical advantages or management advantages, and use these advantages to make up for the lack of investment funds. These advantages can be used to exchange for voting rights. In actual operations, many technical, market, and management types Investors ignore this point and make it difficult for them to use their hands in the company's subsequent operations. As a result, the due technical market and management advantages are not maximized in the company's operations. This kind of equity structure design requires breaking through the conventions of corporate law. Requirements, in practice, careful operational design is required to achieve effective results. 5. Weakening or strengthening of shareholders’ rights Shareholders’ rights include self-benefit rights and self-benefit rights. The former such as surplus distribution rights and residual property distribution Rights, preferential subscription of new shares, etc., the latter such as voting rights, convening rights of shareholders’ meetings, questioning rights, and rights to initiate derivative actions. The conventional equity design follows the equal rights of equal investment. However, in the case of dormant shareholders, dry shares, etc. Under this circumstance, if shareholders' rights are not weakened or strengthened, once it becomes apparent that shareholders and dry stock holders demand their full shareholder rights in accordance with company law, it will not only damage the interests of actual investors, but also push the company into a dangerous situation. .In practice, our lawyer has also encountered many cases. For example, some shareholders require the dissolution of the company and the distribution of remaining assets. Some shareholders request the court to revoke the company change registration made by the industrial and commercial department on the grounds that the company has infringed on their shareholders' rights. Some shareholders have obvious reasons. Shareholders require the distribution of company dividends, ------, etc. Therefore, in practice, it is necessary to use articles of association, shareholder contracts and other forms to constrain and clarify the rights trade-offs between relevant shareholders. Only when the company is established at the beginning can the corresponding shareholder rights be designed. This can effectively avoid future disputes. The weakening or strengthening of shareholder rights is also applicable to companies absorbing excellent technical, market-oriented, and management-oriented talents into the company. By granting certain shareholder rights to retain outstanding talents, this is already a foreign practice. Techniques commonly used by some companies. Regardless of the purpose, when designing to weaken or strengthen shareholder rights, first of all, it must comply with legal requirements; secondly, it must be made clear in a legal form, either by articles of association or by contract; At the same time, we must grasp the accuracy of various shareholder rights...

What is the equity structure?

The equity structure refers to the share of shares of different natures in the total share capital of a joint-stock company. proportions and their interrelationships. Equity refers to the rights and interests that stock holders have in proportion to the shares they own and the power to assume certain responsibilities. The rights that can be claimed against the company based on the status of shareholders are equity shares. Equity structure is the basis of corporate governance structure, and corporate governance structure is the specific implementation form of equity structure. Different ownership structures determine different corporate organizational structures, thereby determining different corporate governance structures, and ultimately determine the behavior and performance of the company. The formation of equity structure When the social environment and science and technology change, the corporate equity structure will also change accordingly. Therefore, the equity structure is a dynamic and plastic structure. Dynamic changes in the ownership structure will lead to changes in the company's organizational structure, business direction and management methods. Therefore, the company is actually a dynamic, flexible and flexible management organization. The formation of the ownership structure determines the type of enterprise. The proportion of capital, natural resources, technology and knowledge, market, management experience, etc. in the equity structure has been impacted by the development of science and technology and economic globalization. With the formation of global networks and the emergence of new types of enterprises, technology and knowledge account for an increasing proportion of corporate ownership structures. The development of society will eventually move from "capital hiring labor" to "labor hiring capital". Human capital enjoys operating results in its unique capacity in the enterprise and shares residual claim rights with capital owners. This is the tremendous power of science and technology, which makes intellectual capital the most important capital that determines the fate of an enterprise. This change in the equity structure of enterprises reflects a problem: among all equity resources, the most scarce and least accessible equity resources must be the resources that dominate the enterprise. The profit sharing model and organizational structure model of an enterprise are determined by the dominant resources in the enterprise. In the process of world globalization, the importance of human capital or intellectual capital has become increasingly prominent, causing unprecedented challenges to the traditional concepts of "ownership" and "control." This has become a new topic in the field of future business management research. The equity structure can be changed, but the internal driving force for change is the development of science and technology and changes in production methods. Choosing an equity structure suitable for the development of the enterprise is of far-reaching significance to the enterprise. Classification of Equity Structure There are different classifications of equity structure. Generally speaking, the ownership structure has two meanings: the first meaning refers to the concentration of ownership, that is, the shareholding ratio of the top five shareholders. In this sense, there are three types of equity structures: one is highly concentrated equity, where the absolute controlling shareholder generally owns more than 50% of the company's shares and has absolute control over the company; second, the equity is highly dispersed, where the company has no major shareholders, and ownership is inconsistent with Management rights are basically completely separated, and the proportion of shares held by a single shareholder is less than 10%; third, the company has a relatively large controlling shareholder, and also has other major shareholders, with the proportion of shares held between 10% and 50%. The second meaning is the equity composition, that is, the number of shares held by each shareholder group with different backgrounds.

In our country, it refers to the shareholding ratio of state shareholders, legal person shareholders and public shareholders. Theoretically, the ownership structure can be classified according to the distribution and matching method of the enterprise's residual control rights and residual income claim rights. From this perspective, equity structures can be divided into two types: those in which control rights are non-contestable and those in which control rights are contestable. When control rights are contestable, residual control rights and residual claim rights match each other, and shareholders are able and willing to exercise effective control over the board of directors and managers; in an equity structure in which control rights are not contestable, the controlling position of the corporate controlling shareholder is locked, and the supervisory role of the board of directors and managers will be weakened. The relationship between equity structure and corporate governance. Equity structure is the basis of corporate governance mechanism. It determines the shareholder structure, the degree of equity concentration and the identity of major shareholders, resulting in a greater difference in the ways and effects of shareholders exercising their power, which in turn affects the corporate governance model. It has a greater impact on the formation, operation and performance. In other words, the equity structure directly affects the internal supervision mechanism in corporate governance. At the same time, on the one hand, the equity structure is largely affected by the company’s external governance mechanism. In turn, the equity structure Structure also has an indirect effect on external governance mechanisms. (1) The impact of equity structure on the internal mechanism of corporate governance 1. Equity structure and shareholders’ meeting In an equity structure model in which control rights are contestable, residual control rights and residual claim rights match each other, and major shareholders have the motivation to exert pressure on managers. , prompting them to work hard to maximize the company's value; and in the equity structure model where control rights are non-competitive, the remaining control...

What should the equity structure of a newly established company be like?

However, as an enterprise develops, there will inevitably be ins and outs, and various conflicts of interest will inevitably arise in distribution. At the same time, in practice, there are many special equity interests such as dormant shareholders and dry shares. These uncertain factors intensify the risks of company operations. When a company operates, various internal contradictions emerge. In conflicts, the basis for shareholders to protect their own interests is equity Proportions and shareholder rights. Therefore, in practice, many small and medium-sized investors ignore the adjustment of equity proportions and shareholder rights, and end up in a dilemma due to internal conflicts within the company. This situation also pushes the company to the edge of risk loss. Therefore, Yu Zushun The lawyer believes that a reasonable equity structure is the cornerstone of a company's stability. 1. Equity structure is not a simple equity ratio. Many investors know that equity ratio is the main factor in obtaining company management rights. If the equity structure design is understood as a simple equity ratio or investment ratio, the following discussion will have no practical significance. The equity structure design is a shareholder rights structure system based on the shareholder equity ratio and through a series of adjustments to shareholder rights, the powers and voting procedures of the shareholders' meeting and the board of directors, etc. 2. Equity ratio and company management company decision-making Equity is a kind of ownership based on investment. Company management rights come from equity or equity-based authorization. Company decision-making comes from equity, and at the same time it affects the direction and scale of company management. Some investments Investors only invest but do not participate in company management. Some investors also participate in company management. As long as shareholders invest, they will have certain decision-making rights. The difference lies in the degree of decision-making participation and influence. Therefore, whether the opinions of shareholders can have an impact The decision-making opinions on the management and operation of the company are very important, and the primary basis for obtaining decision-making power is the equity ratio. The shareholder who obtains the decision-making power is the legal controlling shareholder. The meaning of the controlling shareholder in the company law refers to the proportion of its capital contribution to the limited liability Shareholders who account for more than 50% of the total capital of the company or whose shares account for more than 50% of the total capital of a joint-stock company; although their capital contribution or proportion of shares held is less than 50%, their capital contribution Shareholders whose amount or voting rights held by their shares are sufficient to have a significant impact on the resolutions of the shareholders' meeting or general meeting of shareholders.

3. Simple ways to obtain controlling shareholders 1. Direct actual capital contribution of more than 50% is the most effective way. 2. Direct actual capital contribution does not reach 50%, but the equity ratio is the largest, and then absorb shareholders of affiliated companies , close friend shareholders, close relative shareholders, etc., form a controlling situation in the company in the form of alliance. The above two methods are simple designs based on the same shares and the same voting rights. 4. There is no relationship between the controlling shareholders and shareholders who change the voting rights design. There is a strong relationship, and the actual capital contribution does not reach more than 50%. An alliance between shareholders cannot be formed. In this case, how to control the company? In this case, it is necessary to invest in the company at the beginning of its establishment. Work hard on the drafting of the articles of association. Through the company's articles of association, one's own voting rights are expanded. This design breaks through the common practice of having the same shares with the same voting rights. To achieve the purpose of this equity design, generally one's own company has a certain market advantage or Technical advantages or management advantages are used to make up for the lack of investment funds. These advantages are exchanged for voting rights. In actual operation, many technical, market-oriented, and management-oriented investors ignore this point and make themselves in the company's subsequent operations. It is difficult to use your hands and feet, so that the due technical market and management advantages are not maximized in the company's operations. This kind of equity structure design needs to break through the conventional requirements of the company law, and in practice requires careful operational design to achieve effective results. Consequences. 5. Weakening or Strengthening of Shareholders' Rights Shareholders' rights include self-benefit rights and independent beneficiary rights. The former is such as surplus distribution rights, residual property distribution rights, preferential subscription of new shares, etc., and the latter is such as voting rights, shareholders' meeting rights, etc. The right to convene, the right to inquire, and the right to initiate derivative actions. The conventional equity design follows the equal rights of equal capital contribution. However, in the case of anonymous shareholders, dry shares, etc., if the rights of shareholders are not weakened or strengthened, once the shareholders, When holders of dry shares claim their complete shareholder rights in accordance with company law, it not only damages the interests of actual investors, but also pushes the company into a dangerous situation. In practice, our lawyer has also encountered many cases. For example, some dry shares The holders request the dissolution of the company and the distribution of remaining assets. Some shareholders request the court to cancel the company change registration made by the industrial and commercial department on the grounds that the company has infringed upon their shareholders' rights. Some shareholders request the distribution of company dividends, ------ and so on. So In practice, it is necessary to use articles of association, shareholder contracts and other forms to...

How to fill in the equity structure in the enterprise registration form?

It means who invests how much, how many shares they hold, how they invest, etc.

In a company, what is the ownership structure? Can you give me an example?

Equity structure refers to the proportion of shares of different nature and their mutual relationship in the total share capital of a joint-stock company. It is mainly divided into state shares, legal person shares and tradable shares.

Equity structure is the basis of corporate governance structure, and corporate governance structure is the specific implementation form of equity structure. Different ownership structures determine different corporate organizational structures, which determine different corporate governance structures, and ultimately determine corporate behavior and performance.

What kind of equity structure is reasonable?

First of all: the shareholding ratio of major shareholders should not be too high, preferably not more than 25%, because it is very capable of forming a dominant shareholder;

Secondly: The management holds shares or has implemented an equity incentive plan, which is conducive to the consistency of the interests of management and shareholders;

Thirdly: The high proportion of institutional shareholdings proves that The company has value.