股权架构是企业的基础，一个好的股权设计相当于为企业铸就了一个好的灵魂，它将直接影响到日后的公司经营管理。
山东股权合伙设计公司认为，合伙创业，“领头羊”必须有绝对控制权！
The equity structure is the foundation of an enterprise. A good equity design is equivalent to casting a good soul for the enterprise. It will directly affect the future operation and management of the company. Shandong Equity Partnership Design Co., Ltd. believes that the "leader" must have absolute control to start a business in partnership!
保证创业者拥有对公司的控制权。创始人好具有绝对控股权，能达到67%以上的股权好，达不到这个比例，也得超过50%以上，因为公司需要有一个能够拍板的领导者，这样才能更好地把握公司的发展方向，也能激发团队做大企业的信心和动力。
Ensure that entrepreneurs have control over the company. The founder has an absolute control right, and can reach more than 67% of the equity. If he can't reach this proportion, he must also exceed 50%. Because the company needs a leader who can make decisions, so that it can better grasp the company's development direction, and also stimulate the team's confidence and motivation to become a big enterprise.
股权控制是取得公司控制权重要的方式。根据公司法和公司章程，公司的高决策机构是股东（大）会，股东会的普通表决事项，多为二分之一以上多数表决权通过，而少数重大事项（如公司章程修改、增资）还需要三分之二以上表决权通过。股东的表决权大小通常又由股权决定。因此，创业团队若要推行重大决策，就需要以股权作支撑，掌握表决权，从而赢得公司控制权。
Equity control is an important way to obtain corporate control. According to the Company Law and the Articles of Association, the company's high-level decision-making body is the shareholders' (general) meeting. The ordinary voting matters of the shareholders' meeting are mostly passed by more than half of the voting rights, while a few major matters (such as the amendment of the Articles of Association and capital increase) require more than two-thirds of the voting rights. The size of shareholders' voting rights is usually determined by their equity. Therefore, if the entrepreneurial team wants to carry out major decisions, it needs to be supported by equity, control the voting rights, and win the control of the company.
因缺乏明确的抉择权，导致公司股权之争的案例也很多。比如，被列入股权设计反面教材的真功夫。该公司的股权由蔡达标和潘宇海两人对半平分——这意味着公司的任何一项决议都必须经过双方同意才有效。即使后来引入了PE投资，两人的股权仍各占47%。这种均衡的股权分布，引起了后来真功夫的内部股权纠纷。
There are also many cases of equity disputes due to the lack of clear right to choose. For example, it is included in the negative textbook of equity design. The equity of the company is divided by Cai Guanda and Pan Yuhai in half - which means that any decision of the company must be approved by both parties before it can be effective. Even after the introduction of PE investment, the equity of the two companies still accounted for 47% respectively. This balanced equity distribution caused internal equity disputes in Zhengong later.
控股程度可分为绝对控股和相对控股两种。如果公司章程中没有特别规定，股东占公司51％股权是相对控股，占公司67％的股权是绝对控股。如果小花想实现控股，在其他股东认可的前提下，在公司章程中作出相应约定即可实现目的。因为股东在章程中可以自行约定表决权比侧，不受出资比例的约束。此外，创业团队还可以通过公司章程来实现控制权的扩张，比如对股权转让、股权继承、小股东知情权等进行合法限定。
The degree of control can be divided into absolute control and relative control. If there is no special provision in the articles of association, 51% of the company's equity held by shareholders is relatively controlled, and 67% of the company's equity is absolutely controlled. If Xiaohua wants to achieve control, it can achieve its goal by making corresponding agreement in the articles of association on the premise of approval of other shareholders. Because shareholders can agree on the voting rights ratio by themselves in the articles of association, and are not bound by the contribution ratio. In addition, the entrepreneurial team can also achieve the expansion of control rights through the company's articles of association, such as legal restrictions on equity transfer, equity inheritance, and minority shareholders' right to know.
The contribution and value of each founder are different, so it is unreasonable to divide the equity equally. We should pay attention to the equity structure of equity distribution to pave the way for the future. Come to our website for more relevant content http://www.daoshangbao.com Ask!
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