济南股权顶层架构在设计的时候要遵循的基本原则
发布时间:2020-11-17 发布人:山东股章浏览次数:1324次 来源:www.guquanzhanlue.com
任何行业发展都有规律,作为“大众创业、万众创新”的创业也不例外,创业者都知道股权是企业的命根,但为何有些企业寿命时间百年基业长青,而很多企业生存时间却不半三年,寿命短的企业除了有商业经营风险因素导致所在,更多的是合伙人打架所致,而良好的股权架构设计和股权分配能避免合伙人内讧。我们在为企业服务时,一般提倡如下股权架构设计基本原则:
There are rules in the development of any industry. Entrepreneurship as "mass entrepreneurship and innovation" is no exception. Entrepreneurs all know that equity is the lifeblood of an enterprise. But why do some enterprises have a long life span of 100 years, while many enterprises have a survival time of less than half a three years. In addition to the risk factors of business operation, the short-lived enterprises are more caused by partner fights than good ones Good equity structure design and equity distribution can avoid partner infighting. When serving enterprises, we generally advocate the following basic principles of equity structure design:
1、公平原则
1. The principle of fairness
俗话说“不患寡而患不均,不患贫而患不安。”因此,股权一定要按贡献和价值来分配,只有这样才能体现公平公正,否则企业终究会出“车毁人亡”的恶果。
As the saying goes, "do not suffer from oligopoly and inequality, do not suffer from poverty and anxiety." Therefore, equity must be distributed according to its contribution and value. Only in this way can fairness and justice be reflected. Otherwise, the enterprise will eventually suffer from "car wrecking and people dying".

2、效率原则
2. Efficiency principle
公司法虽然强调大股东的权利,也强调要体现公司章程的重要性,但小股东如果能通过集中表决权并结合损害公司利益等诉讼途径照样能撼动大股东的霸主地位。一般而言,公平与效率是矛盾的,但如具备如下前提下,公平与效率可以是相得益彰、相互促 进的
Although the company law emphasizes the rights of the large shareholders and the importance of the articles of association, the small shareholders can still shake the dominant position of the large shareholders if they can concentrate their voting rights and combine with the litigation channels such as damaging the interests of the company. Generally speaking, fairness and efficiency are contradictory, but under the following conditions, fairness and efficiency can complement each other and promote each other
3、动态调整
3. Dynamic adjustment
企业发展阶段不一样,且需要的人才也不一样,因此,股权架构及股权分配也需要与时俱进,需要做出动态的调整,有时人才由基层人员升级为部门经理或公司总经理,那么其股权也要做相应调整,有时公司年初定的目标到了年中超额完成或与目标差距甚远,此时也要做出相应的调整,否则会挫伤员工的积 极性,也会让员工觉得公司在为员工自己画一个无法完成的大饼,这些因素都决定了公司股权不可能一劳永逸的,需要随时根据公司发展现状和人才的需要来调整。
The development stages of enterprises are different, and the talents needed are also different. Therefore, the equity structure and equity distribution also need to keep pace with the times, and dynamic adjustment is needed. Sometimes, when talents are upgraded from grass-roots personnel to department managers or general managers of the company, their equity needs to be adjusted accordingly. Sometimes, the company's goals set at the beginning of the year are over fulfilled or fall far short of the target in the middle of the year It is also necessary to make corresponding adjustments. Otherwise, it will frustrate the enthusiasm of employees and make them feel that the company is drawing an unfinished pie for their own employees. All these factors determine that the company's equity can't be done once and for all, and it needs to be adjusted according to the company's development status and talent needs at any time.