任何一家公司,在初创立时就应谨慎考虑股权划分问题。有时,“共贫贱易,共富贵难”。公司初创时期不加小心的话,在可预见的未来里,创始人和合伙人就有可能陷入始料不及的局面里。其实,合理的股权分配可以同时保证公司的所有者、管理人乃至未来员工都感到满意。下面
山东企业股权分配公司就来分析一番相关分配事项:
Any company should carefully consider the issue of equity division at the beginning of its establishment. Sometimes, "it is easy to share wealth and nobility, but difficult to share wealth and nobility.". If a company is not careful during its initial stage, founders and partners may fall into unexpected situations in the foreseeable future. In fact, a reasonable equity allocation can simultaneously ensure that the owners, managers, and even future employees of the company are satisfied. Below, Shandong Enterprise Equity Distribution Company will analyze relevant distribution matters:
考虑因素
Considerations
股权比例应当反映合伙人对项目的综合贡献和价值,考虑因素包括:创业Idea的来源、经验和资历、领导能力、市场(用户)开拓能力、产品和技术能力、融资能力、时间精力和其他资源的投入等,创始人可以针对创业的领域选择决定性因素和权重,开诚布公、严肃认真地讨论商定,直到各方都真心认为股权分配方案是公平合理的为止。
The equity ratio should reflect the comprehensive contribution and value of the partners to the project, taking into account the following factors: the source, experience and qualifications of the entrepreneurial idea, leadership ability, market (user) development ability, product and technical ability, financing ability, time and energy, and investment in other resources. The founder can choose the decisive factors and weights for the field of entrepreneurship, and discuss and negotiate openly and seriously, Until all parties sincerely believe that the equity distribution plan is fair and reasonable.
可灵活调整
Flexible adjustment
从法律上讲,出资比例决定股权比例。但实质上,为了保持创业公司的生命力,股权比例应当取决于创始人的贡献或价值大小,所以创始人应当预留股权调整的空间,可以参照上文的考虑因素及权重,定期讨论审查调整股权比例,出资比例和股权比例的对应关系尽可以交给律师去做。
Legally, the proportion of capital contribution determines the proportion of equity. However, in essence, in order to maintain the vitality of a startup company, the equity ratio should depend on the contribution or value of the founder. Therefore, the founder should reserve space for equity adjustment. You can refer to the above considerations and weights, and regularly discuss and review the adjustment of the equity ratio. The corresponding relationship between the contribution ratio and the equity ratio can be left to a lawyer to do so.
坦然面对利益分配
Face the distribution of benefits calmly
创业合伙人应当避免文化中羞于直面利益分配的习惯,否则,利益分配问题在公司“钱”景明朗时,就将会成为公司头顶的利剑,所以一定要坦然面对,而且越早越好。
Entrepreneurship partners should avoid the cultural habit of being shy about facing profit distribution directly. Otherwise, when the company's "money" situation becomes clear, profit distribution issues will become a sword on the company's head. Therefore, it is important to face them calmly, and the sooner the better.
推荐的解决办法是:在创设公司之前,将合伙人困在酒店房间中,直到谈成完全一致的方案才能离开,并且应当定期(例如:每年)讨论一次股权比例,如有必要及时调整。
The recommended solution is to trap partners in hotel rooms before establishing a company, and not leave until a fully agreed solution is reached. The equity ratio should be discussed regularly (e.g. annually), and adjusted if necessary in a timely manner.
平分股权的争议
Disputes over equitable share ownership
公平划分股权法中,合伙人是平分公司股权。但是,合伙人之间平分股权是否可行,例如:两位联合创始人各占一半,或者三位联合创始人各占1/3?这是一个很难回答的问题,很多人将这种情形比喻为“定时炸弹”,投资人对这种股权结构往往都会有顾虑。
In the equity method of equitable division, partners divide the company's equity equally. However, is it feasible to divide equity equally among partners, such as two co founders each accounting for half, or three co founders each accounting for one-third? This is a difficult question to answer. Many people compare this situation to a "time bomb", and investors often have concerns about this ownership structure.
建议是:公司初创时期,好避免容易导致僵局的股权比例设置,例如50:50、65:35、40:40:20甚至50:40:10这样的股权比例设置,尽管50:50和65:35这样的股权结构设置,往往是对股东作用或影响力的一种真实反映,或是对现实的一种妥协。
Suggestion: During the initial stage of a company, it is important to avoid setting equity ratios that can easily lead to deadlock, such as 50:50, 65:35, 40:40:20, or even 50:40:10. Although setting equity structures such as 50:50 and 65:35 is often a true reflection of the role or influence of shareholders, or a compromise on reality.
合伙人工资和现金之外的投入
Investments other than partners' salaries and cash
初创期企业的资金往往是创始人自己注入,创始合伙人一般都不发薪资给自己,或者只是象征性地发些工资。
The capital of a start-up enterprise is often injected by the founder himself, and the founding partners generally do not pay themselves, or simply pay a nominal amount of salary.
建议是:早期这么做无可厚非,但随着公司发展壮大,就应当采取规范做法,由公司与创始人按照签署的劳动合同支付工资和社保,将创始人股东身份(取得分红)和劳动者身份(获取劳动报酬)区分开来。这样,既能让合伙人觉得公平,又能解决某些创始合伙人确实需要家庭开支等实际情况。
The suggestion is: There is nothing wrong with doing this in the early stage, but as the company grows and expands, it should adopt a standardized approach, whereby the company and the founder pay wages and social security in accordance with the signed labor contract, and distinguish between the founder's shareholder status (obtaining dividends) and the worker status (obtaining labor remuneration). This not only makes partners feel fair, but also solves the actual situation where some founding partners do need household expenses.
实际上,真的没有一个放之四海而皆准的创业企业股权分配方案或者算法,只要是创业合伙人真心认为公平合理的股权分配方案,就是当时好的方案;同时,好能辅以一定股权的预留,根据股东价值和贡献定期调整。您有什么疑惑或者需求,欢迎来我们网站
http://www.lushangyun.com进行咨询!
In fact, there is really no universally applicable equity distribution plan or algorithm for startup enterprises. As long as the equity distribution plan that the startup partners sincerely believe is fair and reasonable, it is a good plan at that time; At the same time, Haoneng is supplemented by a certain amount of equity reserve, which is regularly adjusted based on shareholder value and contributions. If you have any doubts or needs, please come to our website http://www.lushangyun.com Consult!