股權是投資人投資公司而享有的權利,來源于投資人對投資財產(chǎn)的所有權,。投資人對公司的投資實質上是對投資財產(chǎn)權利的有限授予,,授予公司的財產(chǎn)權利成為公司法人對投資財產(chǎn)的財產(chǎn)權,保留下來的權利及由此派生的衍生權利就成為投資人的股權,。
Equity is the right enjoyed by investors to invest in a company, derived from their ownership of the investment property. An investor's investment in a company is essentially a limited grant of investment property rights. The property rights granted to the company become the property rights of the company's legal person to the investment property, and the retained rights and derived rights become the investor's equity.
Shandong's equity content is relatively rich, mainly including:
(1)股東身份權;
(1) The right to shareholder status;
(2)參與決策權,;
(2) The right to participate in decision-making;
(3)選擇,、監(jiān)督管理者權;
(3) The right to choose and supervise managers;
(4)資產(chǎn)收益權,;
(4) Asset usufruct;
(5)知情權,;
(5) The right to know;
(6)提議、召集,、主持股東會臨時會議權,;
(6) The right to propose, convene, and preside over interim shareholders' meetings;
(7)優(yōu)先受讓和認購新股權;
(7) Priority to receive and subscribe for new equity;
(8)轉讓出資或股份的權利,;
(8) The right to transfer capital contributions or shares;
(9)股東訴權,。
(9) Shareholder's Right of Action.
股權的內容都一樣嗎,?一般而言,股東所擁有的股權在性質上是相同的,,只在份額上有所差別,,但是公司章程可以對股權的內容進行規(guī)定,如將股權與決策權分離,,就決策權問題進行特別規(guī)定。
Is the content of equity the same? Generally speaking, the equity owned by shareholders is the same in nature, with only differences in shares. However, the company's articles of association can specify the content of equity, such as separating equity from decision-making power, and making special provisions on decision-making power issues.
此外,,股票可以分為優(yōu)先股和普通股,,優(yōu)先股通常會預先設定股息收益率,優(yōu)先分配股息,,但不能上市流通,,也不能參與決策。
In addition, stocks can be divided into preferred stocks and ordinary stocks. Preferred stocks usually have a predetermined dividend yield and preferential distribution of dividends, but they cannot be listed for circulation or participate in decision-making.
合伙人離開,,股權如何處理,?合伙容易散伙難,合伙的時候怎么都好說,,但是一旦散伙就可能各奔東西,,老死不相往來,溝通也會費力,。很多人認為股權是投資屬性,,即便股東離開公司了,但是依舊可以持有公司的股份,,實則不然,。
How to handle equity when partners leave? "It is easy to break up in partnership, but difficult to break up. When it comes to partnership, it is easy to say anything. However, once a partnership is broken up, it can lead to separation, old age, and lack of communication. Communication can also be laborious.". Many people believe that equity is an investment attribute, and even if shareholders leave the company, they can still hold shares in the company, but in fact, it is not.
合伙人的定義是既出錢又出力的人,才叫合伙人,,只出錢不出力的人叫投資人,,只出力不出錢的人是經(jīng)理人。如果合伙人退出,,相當于只出錢不出力,,這時應按投資人來對待,股權如果繼續(xù)保留,,應當按投資人溢價入股價格被稀釋,。
A partner is defined as a person who contributes both money and effort, which is called a partner. A person who contributes only money but does not contribute is called an investor, and a person who contributes only but does not contribute is called a manager. If a partner withdraws, it is equivalent to only contributing money but not making any contribution. At this time, it should be treated as an investor. If the equity continues to be retained, it should be diluted at the investor's premium purchase price.
通常建議,設定一定期限,,比如5年內合伙人退出的,,股權由創(chuàng)始股東按原價回購;5年后退出的,,股權由創(chuàng)始股東按現(xiàn)價回購,,或者回購一半,、剩余一半保留到去世。原則上不建議全部保留,。
It is generally recommended to set a certain period of time, such as if the partner withdraws within 5 years, the equity will be repurchased by the founding shareholder at the original price; If the company withdraws after 5 years, the equity will be repurchased by the founding shareholder at the current price, or half of the shares will be repurchased and the remaining half will be retained until death. In principle, it is not recommended to retain all of them.
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