合伙人合伙创业的天,就会面临股权设计问题。
On the first day of a partnership, partners will face equity design issues.
在实践过程中我们发现,合伙人之间频繁爆发股权战争或闹剧,很多是因为他们既没有合伙人股权的进入机制,也没有合伙人股权的退出机制。下面
山东股权合伙公司为您讲解更多:
In the process of practice, we have found that frequent equity wars or farces occur among partners, many of which are due to their lack of either an entry mechanism for partner equity or an exit mechanism for partner equity. Below, Shandong Equity Partnership Company will explain more to you:
合伙人股权的进入机制
Entry mechanism of partner equity
合伙人是公司大的贡献者,也是主要参与分配股权的人。
Partners are major contributors to the company and also the main participants in the distribution of equity.
合伙关系是接近于婚姻关系的长期关系的深度绑定。合伙之后,公司的大事小情,合伙人之间都得商量着来,重大事件,甚至还得合伙人一致同意。公司赚的每一分钱,不管是否和合伙人直接相关,大家都应按照事先约定好的股权比例进行分配,这样一来,就能防患于未然,以免因事前无协商导致“分钱不均”而反目成仇。
Partnership is a deep bond of long-term relationships that is close to marriage. After the partnership, the major and minor matters of the company need to be discussed among the partners, and major events even require unanimous consent from the partners. Every penny earned by the company, regardless of whether it is directly related to partners or not, should be distributed according to the pre agreed equity ratio. This way, we can prevent potential problems and avoid turning against each other due to "uneven distribution" without prior consultation.
合伙人股权的退出机制
Exit mechanism of partner equity
管理好合伙人预期。
Manage partner expectations well.
合伙人取得股权,是基于大家长期看好公司发展前景,愿意长期共同参与创业。合伙人早期拼凑的少量资金,并不是合伙人所持大量股权的真实价格。股权的主要价格是,所有合伙人与公司长期绑定(比如4年),通过长期服务公司去赚取股权。
The partner's acquisition of equity is based on everyone's long-term optimism about the company's development prospects and willingness to participate in entrepreneurship together in the long term. The small amount of funds that partners pooled early on is not the true price of the large amount of equity held by partners. The main price of equity is that all partners are bound to the company for a long time (such as 4 years) and earn equity through long-term service to the company.
如果不设定退出机制,允许中途退出的合伙人带走股权,对退出的合伙人是公平的,但对其他长期参与创业的合伙人却是大的不公平,其他合伙人也没有安全感。
If an exit mechanism is not established, allowing partners who withdraw midway to take away their equity would be fair to the withdrawing partners, but it would be greatly unfair to other long-term partners involved in entrepreneurship, and other partners would not feel secure.
游戏规则落地。
The rules of the game are implemented.
在一定期限内(比如1年之内),约定股权由创始股东代持;约定合伙人的股权和服务期限挂钩,股权分期成熟(比如4年);股东中途退出,公司或其他合伙人有权溢价回购离职合伙人未成熟、甚至已成熟的股权:对于离职不交出股权的行为,为避免司法执行的不确定性,约定离职不退股须支付高额的违约金。
Within a certain period of time (such as one year), the agreed equity shall be held by the founding shareholder on behalf of the shareholders; The equity of the agreed partners is linked to the service period, and the equity is matured in installments (such as 4 years); If a shareholder withdraws midway, the company or other partners have the right to repurchase the immature or even mature equity of the departing partner at a premium. For the behavior of not surrendering equity after resignation, in order to avoid uncertainty in judicial enforcement, it is agreed that a high amount of liquidated damages must be paid for not withdrawing shares after resignation.
That's all for the discussion on the equity design issues during the startup period. We hope to provide you with good help. For more information, please come to our website http://www.lushangyun.com consulting service