發布時間：2021-10-18 發布人：山東股章瀏覽次數：799次 來源：www.newadnetwork.com
Those who get equity will win the world, and the founders will expand and strengthen the enterprise, which is increasingly inseparable from the matching equity top-level structure. The improper design of the equity top-level structure will either bury a time bomb for the development of the enterprise, or make the founder lose the control of the enterprise, or even completely out of the game, resulting in the tragic consequences of "raising children to call others' fathers". In order to prevent out of control and provide assistance and convenience for the rapid development of the enterprise, the founders need to accurately grasp the following six principles when designing the equity top-level structure:
1、 Risk isolation principle
The principle of risk isolation refers to that the top-level structure design of enterprise equity needs to realize the effect of mutual isolation between enterprise risk and shareholder personal risk, which is the basic and important principle for the founder of the enterprise to design the equity structure.
Therefore, when designing the equity top-level architecture, the founders should first grasp the principle of risk isolation. Only the design scheme that realizes risk isolation to a certain extent is a qualified architecture design scheme. At present, the top-level structure design of enterprise equity is very popular in the society, and various consulting institutions are promoting equity services. The founder of the enterprise should better realize the risk isolation in every detail, and entrust the equity lawyer to design the scheme, so as to eliminate the legal risk to a certain extent and achieve the effect of risk isolation.
2、 Founder control principle
First, we need to clarify the difference between "control" and "control". Control refers to the ability of founders to promote the development of enterprises in accordance with their own strategic direction. Control refers to a state in which shareholders hold a proportion of controlling shares in the enterprise. With the increasing scale of the enterprise, it is almost inevitable for the founder to lose the proportion of control, but it can be said that the founder loses the control of the enterprise, which is a failure of entrepreneurship. The founders of the industry leading enterprises in today's society are almost all non controlling equity, but they firmly grasp the control of the enterprise. For example, Jingdong, Baidu, Alibaba, Tencent and other companies, the founder of this technology enterprise has no controlling right, but has firm control over the company.
3、 Principle of partner cohesion
The principle of partner cohesion means that the equity top-level structure design should take into account the balance of interests of enterprise partners and provide structural convenience for founders to unite partners and stimulate partners' enthusiasm. As we all know, a person goes fast, a group of people go far. There is no partner in the enterprise, which means that the founder has no one to go through life and death with you on the road of entrepreneurship. Of course, if we do not consider the rapid development and growth of the company and whether the company's business continues to shrink, the one-man boss model can not be said to be bad. In a one-man boss enterprise, the founder, as the legal representative, has full ownership of the company and is in power. It doesn't need to consider the opinions and attitudes of partners. How "comfortable" it is.
4、 Employee incentive principle
Employee incentive principle means that the top-level structure design of enterprise equity should take into account the current and future employee incentive plans, provide structural convenience for enterprise employee incentive in advance, and reduce the cost and legal risk of employee incentive.
Talents are productivity and human resource guarantee for enterprise development. There is not enough talent team, even if the founder is strategic
Accurate and close to the needs of the times, the enterprise's strategy can only be like a floating cloud in the sky and can never fall to the ground. The traditional employee incentive is to raise salary and raise salary, or increase Commission and commission. However, with the development of society, these traditional incentive methods no longer meet the needs of the times, and may even become an obstacle to the development of enterprises, because talents need not only material incentives, but also a sense of belonging to the enterprise, so as to work hard for the interests of the enterprise.
5、 Principle of financing convenience
The principle of financing convenience means that the top-level structure design of enterprise equity should provide structural convenience for enterprise external financing, increase the financing success rate and reduce the financing cost. Capital plays a more and more important role in enterprise competition. Enterprises with stronger capital strength can mobilize more capital resources
When an enterprise carries out external financing, external investors should first see whether the equity structure of the enterprise is reasonable. If the equity of the enterprise is unreasonable, the investor either cancels the investment intention directly or requires the enterprise to adjust the equity structure. The enterprise either directly loses financing opportunities or has to pay a lot of time and capital costs to readjust the equity structure. Moreover, if the reasonable equity structure is not designed in one step in the early stage, the later founders may not be able to promote the structure adjustment due to the obstacles of partners' opinions, Because every structural adjustment will inevitably involve the adjustment of the interests of each partner.
The reasonable equity top-level structure of enterprises, whether in the initial stage of entrepreneurship, development stage or even mature stage, plans to enter the capital markets such as the new third board, gem, science and technology board and main board, plays a very important and key role and significance. Therefore, the top-level structure design of enterprise equity should
Equity top-level structure design is not only a legal and technical activity, but also an artistic activity. It needs to consider legal factors, commercial factors, human factors and tax factors. Through reasonable and personalized design schemes, it provides institutional support and guarantee for the continuous development and growth of the enterprise from the top level, so as to realize the win-win situation of founders, partners, investors and other personnel!