many factors such as investment, participation, contribution, skills and experience should be considered comprehensively.
I. determining the ratio of capital contribution to shares
first, it is necessary to specify the capital contribution of each partner. The capital contribution can be in the form of cash, physical assets or technology shares. According to the amount of capital contribution, the proportion of each partner's shares can be preliminarily determined. For example, if three people contribute 311,111 yuan, 411,111 yuan and 311,111 yuan respectively, the proportion of shares can be initially set at 31%, 41% and 31%.
second, consider the degree of participation and contribution
in addition to the amount of capital contribution, it is also necessary to consider the degree of participation and contribution of each partner in the operation of the store. For example, if one of the partners not only contributes a lot, but also is responsible for the core work such as daily management, procurement and marketing, then he should get more shares in the share distribution. On the other hand, if a partner only contributes capital and does not participate in the operation, then his share proportion should be reduced accordingly.
Third, the value of skills and experience
In the operation of barbecue shops, partners with special skills or rich experience should get more shares. For example, if one of the partners is a barbecue master or has rich experience in catering management, his skills and experience are crucial to the success of the store, so he should get more shares.
iv. negotiation and adjustment
after the proportion of shares is preliminarily determined, the three partners should fully negotiate and discuss. During the negotiation, the proportion of shares can be appropriately adjusted according to the actual situation to ensure the satisfaction of all parties. At the same time, a detailed cooperation agreement can also be formulated to clarify the rights and obligations of all parties and the future distribution of benefits.
To sum up:
The distribution of shares in a three-person partnership in a barbecue shop should comprehensively consider the amount of investment, participation, contribution, skills and experience. Through full consultation and adjustment, we can ensure the fairness, rationality and effectiveness of share distribution, and lay a solid foundation for the long-term stable development of the store.
Legal basis:
Article 16 of the Partnership Enterprise Law of the People's Republic of China
stipulates:
Partners may contribute their capital in cash, in kind, intellectual property rights, land use rights or other property rights, or they may contribute their capital in labor services.
if the partners make contributions in kind, intellectual property rights, land use rights or other property rights, which need to be appraised, it can be determined by all partners through consultation, or it can be appraised by a statutory appraisal institution entrusted by all partners.
if a partner contributes capital by labor service, the evaluation method shall be determined by all partners through consultation, and shall be specified in the partnership agreement.
Article 33 of the Law of the People's Republic of China on Partnership Enterprises
stipulates:
The profit distribution and loss sharing of a partnership enterprise shall be handled in accordance with the partnership agreement; If the partnership agreement is not stipulated or clearly stipulated, it shall be decided by the partners through consultation; If negotiation fails, the partners shall allocate and share the investment in proportion to the paid-in capital; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners.
Article 18 of the Law of the People's Republic of China on Partnership Enterprises
stipulates:
The partnership agreement shall specify the following items:
(1) The name of the partnership enterprise and the location of its main business place;
(2) the purpose and business scope of the partnership;
(3) the name and domicile of the partner;
(4) the mode, amount and payment term of the partners;
(5) methods of profit distribution and loss sharing;
(6) implementation of partnership affairs;
(7) joining and quitting;
(8) dispute settlement methods;
(9) dissolution and liquidation of the partnership;
(11) liability for breach of contract.