任何一家公司,在初創立時就應謹慎考慮股權劃分問題。有時,“共貧賤易,共富貴難”。公司初創時期不加小心的話,在可預見的未來里,創始人和合伙人就有可能陷入始料不及的局面里。其實,合理的股權分配可以同時保證公司的所有者、管理人乃至未來員工都感到滿意。下面
山東企業股權分配公司就來分析一番相關分配事項:
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:
考慮因素
Considerations
股權比例應當反映合伙人對項目的綜合貢獻和價值,考慮因素包括:創業Idea的來源、經驗和資歷、領導能力、市場(用戶)開拓能力、產品和技術能力、融資能力、時間精力和其他資源的投入等,創始人可以針對創業的領域選擇決定性因素和權重,開誠布公、嚴肅認真地討論商定,直到各方都真心認為股權分配方案是公平合理的為止。
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.
可靈活調整
Flexible adjustment
從法律上講,出資比例決定股權比例。但實質上,為了保持創業公司的生命力,股權比例應當取決于創始人的貢獻或價值大小,所以創始人應當預留股權調整的空間,可以參照上文的考慮因素及權重,定期討論審查調整股權比例,出資比例和股權比例的對應關系盡可以交給律師去做。
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.

坦然面對利益分配
Face the distribution of benefits calmly
創業合伙人應當避免文化中羞于直面利益分配的習慣,否則,利益分配問題在公司“錢”景明朗時,就將會成為公司頭頂的利劍,所以一定要坦然面對,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.
推薦的解決辦法是:在創設公司之前,將合伙人困在酒店房間中,直到談成完全一致的方案才能離開,并且應當定期(例如:每年)討論一次股權比例,如有必要及時調整。
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.
平分股權的爭議
Disputes over equitable share ownership
公平劃分股權法中,合伙人是平分公司股權。但是,合伙人之間平分股權是否可行,例如:兩位聯合創始人各占一半,或者三位聯合創始人各占1/3?這是一個很難回答的問題,很多人將這種情形比喻為“定時炸彈”,投資人對這種股權結構往往都會有顧慮。
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.
建議是:公司初創時期,好避免容易導致僵局的股權比例設置,例如50:50、65:35、40:40:20甚至50:40:10這樣的股權比例設置,盡管50:50和65:35這樣的股權結構設置,往往是對股東作用或影響力的一種真實反映,或是對現實的一種妥協。
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.
合伙人工資和現金之外的投入
Investments other than partners' salaries and cash
初創期企業的資金往往是創始人自己注入,創始合伙人一般都不發薪資給自己,或者只是象征性地發些工資。
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.
建議是:早期這么做無可厚非,但隨著公司發展壯大,就應當采取規范做法,由公司與創始人按照簽署的勞動合同支付工資和社保,將創始人股東身份(取得分紅)和勞動者身份(獲取勞動報酬)區分開來。這樣,既能讓合伙人覺得公平,又能解決某些創始合伙人確實需要家庭開支等實際情況。
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.
實際上,真的沒有一個放之四海而皆準的創業企業股權分配方案或者算法,只要是創業合伙人真心認為公平合理的股權分配方案,就是當時好的方案;同時,好能輔以一定股權的預留,根據股東價值和貢獻定期調整。您有什么疑惑或者需求,歡迎來我們網站
http://www.lfttpm.com進行咨詢!
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.lfttpm.com Consult!