1、合伙人股权分配,非常大的难点在哪?
1. What are the most difficult points in partner equity distribution?
每个人都宣称要公平合理,但每个人都有一套“公平合理”的标准。如何平衡资金贡献与人力贡献?如何平衡股东历史贡献与未来贡献?如何平衡老股东与新股东贡献?这些也是难点。
Everyone claims to be fair and reasonable, but everyone has a set of "fair and reasonable" standards. How to balance financial and human contributions? How to balance shareholders' historical and future contributions? How to balance the contributions of old shareholders and new shareholders? These are also difficult points.
2、你如何看“千万别和好朋友合伙开公司”?
2. What do you think of "Never start a company with a good friend"?
朋友关系与股东关系,有很大的不同。朋友关系,一,身份平等,二,不太涉及重大利益关系。但股东关系,一,会有老大老二不同身份,二,股东之间必然涉及股权与薪酬等重大利益关系。
Friendly relationships are very different from shareholder relationships. Friendly relationships, first, equality of status, and second, less involving significant interest relationships. However, the relationship between shareholders includes: first, there will be different identities of the boss and the second, and second, there will inevitably be significant interest relationships between shareholders, such as equity and compensation.
好朋友合伙创业,结果就是朋友关系与股东关系一锅乱炖,合伙人之间肯定会经历关系磨合与调试期。如果好朋友不能合伙创业,陌生朋友是不是就可以很好地合伙创业?如果没有底层信任基础,哪个合伙人愿意跟你私奔、裸奔?
Good friends start a business in partnership, and the result is a chaotic relationship between friends and shareholders. Partners will definitely experience a relationship run-in and debugging period. If good friends cannot start a business together, can unfamiliar friends start a business together well? If there is no underlying trust foundation, which partner is willing to elope or run naked with you?
有人的地方就有江湖。好朋友合伙创业,不代表不会出现纠纷,但好朋友之间的信任基础有助于解决纠纷。
Where there are people, there is the Jianghu. "A partnership between good friends does not mean that disputes will not arise, but a foundation of trust between good friends can help resolve disputes.".
3. Early backbone team, unable to keep up with the company's development, how to handle Jinan equity partnership?
股权发放,不是一拍脑袋完事。对于人力贡献占股,我们建议设定进入机制、调整机制与退出机制。如果早期骨干团队跟不上公司发展,按照约定调整或退出股权。
Equity issuance is not a one-shot process. For human contribution stocks, we suggest setting up an entry mechanism, an adjustment mechanism, and an exit mechanism. If the early backbone team cannot keep up with the company's development, adjust or withdraw from equity as agreed.
4、如何既把利益分了,又不破坏信任关系?
4. How to divide the interests without damaging the trust relationship?
法律文件是这个世界上没有用户思维的产品之一。我有个拍脑袋、但基本靠谱的判断,80%创始人对Ta们签署的80%法律文件,都没太看懂。这容易导致合伙人对股权文件的不解、甚至误解与误判。又是个人情社会。合伙人之间如果博弈太多,也会破坏信任关系。合伙人之间的信任关系,一旦破裂,很难修复。
Legal documents are one of the products in the world without user thinking. "I have a pat on the head, but it's basically reliable to judge that 80% of the founders don't quite understand 80% of the legal documents signed by the Tas.". This can easily lead to confusion, even misunderstanding, and miscalculation of equity documents by partners. China is also a society of personal affection. Too many games between partners can also undermine the trust relationship. The trust relationship between partners, once broken, is difficult to repair.
合伙人之间的博弈,经常聚焦在退出机制上。我们的建议是,合伙人之间先在软的合伙创业理念上达成共识,再让人士处理那些硬邦邦冷冰冰的法律文件条款。
The game between partners often focuses on the exit mechanism. Our suggestion is that partners first reach a consensus on the concept of soft partnership and entrepreneurship, and then let professionals handle the hard and cold legal documents.
5、股权激励内容,团队是不是知道得越少越好?
5. Does the team know as little as possible about the content of equity incentives?
在互联网环境下,信息会越来越公开透明。很多的股权纠纷和股权战争,并不是法律文件本身有问题,而是基于信息不透明而导致的误解、基于预期和现实之间巨大落差的挫败感。
In the internet environment, information will become more and more open and transparent. Many equity disputes and equity wars are not caused by legal documents themselves, but by misunderstandings caused by information opacity and frustration based on the huge gap between expectations and reality.
如果离职合伙人与公司发生股权纠纷,即便公司法律文件很严谨,即便打官司公司胜诉,但合规不合理的条款后导致公司赢了官司但丢了人心失了天下又有何用。保护团队利益,也是在保护公司利益。
If there is an equity dispute between a departing partner and the company, even if the company's legal documents are very professional and rigorous, and even if the company wins a lawsuit, there is no use in complying with unreasonable terms that lead to the company winning the lawsuit but losing people's hearts and losing the world. Protecting the interests of the team is also protecting the interests of the company.
Therefore, it is necessary to make the team clearly understand and accept the entry and exit mechanisms of equity, and do a good job of team expectation management, which is conducive to reducing misunderstanding, miscalculation, and conflict disputes. For more equity related issues, please visit our website http://www.daoshangbao.com Leave a message for consultation!