有进有退,才能算是一个完整的股权机制。实践中,股权退出主要有三种方式,公司应在充分沟通的基础上,在协议中做出约定。下面
济南股权设计公司为您讲解一番:
Only when there is progress and retreat can it be considered a complete equity mechanism. In practice, there are three main ways to exit equity. The company should make an agreement in the agreement based on full communication. Jinan Equity Design Company will explain to you:
1.当然退出
1. Exit of course
2.除名退出
2. Withdrawal
3.期满退出
3. Exit upon expiration
当然退出
Of course, exit
股东如发生以下情形之一,公司可规定以溢价代为回购其持有的股权,并不再发放其当年度的红利;股东丧失劳动能力的;股东死亡、被宣告死亡或被宣告失踪的;股东达到法定或公司规定的退休年龄;作为股东的法人或者其他组织依法被吊销营业执照、责令关闭、撤销,或者宣告破产;股东不能胜任所聘工作岗位,经公司董事会批准取消其股东资格的;由于不可抗力或突发事件,致使本合同在法律或事实上已经无法继续履行,或合同的根木目的已无法实现其他非因股东过错而终止劳动合同的。
In case of any of the following circumstances, the company may stipulate to repurchase the equity held by the shareholder at a premium instead, and no longer pay the dividend of the current year; The shareholder loses the ability to work; The shareholder dies, is declared dead, or is declared missing; Shareholders reach the statutory or company prescribed retirement age; The legal person or other organization that is a shareholder has its business license revoked, is ordered to close down, be revoked, or is declared bankrupt according to law; The shareholder is incompetent for the position he/she is hired, and his/her shareholder qualification is cancelled with the approval of the company's board of directors; "Due to force majeure or unexpected events, this contract cannot be continuously performed in law or in fact, or the fundamental purpose of the contract cannot be achieved. The labor contract is terminated without the fault of the shareholder.".
除名退出
Delisting
股东发生以下情形之一,公司有权自行取消其股东身份,原价回购其股权,并不再发放当年红利,如给公司造成损失的,须向公司进行赔偿;未满合同约定的工作年限主动辞职的;未经公司董事会(或股东会)批准,擅自出售、质押、信托或以其他任何方式处分其持有的股权;严重违反公司规章制度的严重失职,营私舞弊,给公司造成重大损害的;未经公司董事会(或股东会批准,自营、与他人合营或为他人经营与公司业务相同或相似的业务的;被依法追究刑事责任的;根据公司考核管理办法,考核年度内累计三次月度考核为岗位不合格或者连续两个月度考核为岗位不合格;股东拒绝服从公司工作安排,经公司董事会批准取消其股东资格的;股东存在其他严重损害公司利益和名誉的行为。
In any of the following circumstances, the company has the right to cancel its shareholder status at its own discretion, repurchase its equity at the original price, and no longer pay the current year's dividends. If losses are caused to the company, it must compensate the company; Resigning voluntarily before the expiration of the working life stipulated in the contract; Selling, pledging, trusting, or disposing of its equity in any other manner without the approval of the company's board of directors (or shareholders' meeting); Serious dereliction of duty or malpractice in serious violation of the company's rules and regulations, causing significant damage to the company; Without the approval of the company's board of directors (or with the approval of the shareholders' meeting, engaging in self operation, joint venture with others, or operating for others the same or similar business as the company's business; being investigated for criminal responsibility according to law; according to the company's assessment management measures, the cumulative three monthly assessments within the assessment year are considered as unqualified or the consecutive two monthly assessments are considered as unqualified; the shareholder refuses to comply with the company's work arrangements, and is disqualified with the approval of the company's board of directors; the shareholder has other serious damages to the company The conduct of the company's interests and reputation.
期满退出
Exit upon expiration
如股东在公司持股超过定期限后当然退出或退休的,考虑到股东对公司的历史贡献及对公司文化建设的影响,公司可按现价回购其股权,如按照当时公司的估值、净资产或近一轮融资估值对股东手里的股权进行适当溢价可购。
If a shareholder naturally quits or retires after the company's shareholding exceeds the fixed period, considering the shareholder's historical contribution to the company and its impact on the company's cultural construction, the company can repurchase its equity at the current price, such as paying an appropriate premium to the equity held by the shareholder based on the company's valuation at the time, net assets, or the latest round of financing valuation.
举例说明,股东持有股权满10年后主动辞职,公司按上一年度的净资产额回购其持有的股权,并给出两种回购方式供选择采用一次性回购方式回购其持有的股权并按上一年度的分红标准支付五年的红利
For example, if a shareholder voluntarily resigns after holding equity for more than 10 years, the company will repurchase its equity holdings based on the net asset value of the previous year, and provide two repurchase methods for choosing to repurchase its equity holdings using a one-time repurchase method and pay a five-year dividend based on the dividend standard of the previous year
采用逐年分批回购方式,每年回购其股权总额的20%,分五年逐年回购其持有的股权,股东并有权根据每次回购时公司上一年度的净利润和其持有的股权数额享受红利分配。但如股东在五年内死亡的,公司将现价回购剩余的股权,红利不再发放。更多相关股权问题就来我们网站
http://www.daoshangbao.com咨询吧!
The method of annual and batch repurchase is adopted, with 20% of its total equity being repurchased annually, and the equity held by it being repurchased year by year in five years. Shareholders are also entitled to receive dividends based on the company's net profit and the amount of equity held by them in the previous year at the time of each repurchase. However, if a shareholder dies within five years, the company will repurchase the remaining equity at the current price, and no dividends will be paid. For more equity related issues, please visit our website http://www.daoshangbao.com Consult!