‘s start-up period, it is best to avoid deadlock easily lead to equity ratio settings, such as 50:50, 65:35, 40:40:20 and 50:40:10 that the proportion of equity ownership structure setting, although the setting of the 50:50 and 65:35 that is often on the role of shareholders or the influence of a true reflection or a compromise of reality.
the time back to May 2010, to funding difficulties just after the financial crisis in the peace financing 80 million yuan, a 1 store 80% stake in lost control. Safe integration No 1 shop failed, and gradually 1 shop control stake transferred to WAL-MART. After several rumors of just leaving, 1 shop in July 14th evening officially confirmed that the founder of Liu Junling and just leave. Subsequently, just released an internal mail with Liu Junling, announced to shop No. 1 staff, decided to leave shop 1 to pursue new dreams.
it is understood that, before the acquisition of No. 1 shop, WAL-MART first found Jingdong, but because WAL-MART requires control rights and eventually rejected by Jingdong, and then, WAL-MART turned to select shop 1. It is said that the final acquisition of a wholly-owned WAL-MART has been the premise of the acquisition, therefore, 1 shop eventually lost control of the stock, may be as early as when WAL-MART shares have laid a foreshadowing.
for this, Jane help in addition to regret, also want to remind entrepreneurs from a legal point of view: if you do not want the fruits of their hard work by others pick, must be always on the watch, and firmly grasp the control of the company.
The control power of
company mainly includes the following three aspects: the control right of the stock right, the control right of the board of directors and the actual control of the company management.
1, the controlling power of the stock right
ownership is the ultimate right to control the company. The most important issues of the company are usually based on the ownership of the shares, which are determined by the shareholders, such as the articles of association, the appointment of directors and the financing. Here is a quote from the angels of Mr. Xu Xiaoping’s warning: "if (entrepreneurs) to let out a sovereign, 60% to go out, and then a great enterprise do not go; I (entrepreneurs) as long as you do it, the number of shares is not important, this is wrong, those who do not share the purpose entrepreneurship is bullying."
1, equity control
control over the level of equity including absolute and relative holding: absolute control case founder holdings to 67%, which is up to 2/3, the decision-making of the company can be completely in the hands of absolute control; case at least at least 51% founder holds a stake in the company; and the relative control often requires the company to hold the company’s founding shareholders most of the equity shareholders can keep control of the relative force of the company compared with other shareholders.
the legal basis is: according to