the best method of share distribution in restaurants
The best method of share distribution in restaurants usually needs to consider the following aspects:
Capital investment: according to the proportion of each shareholder's capital contribution, the corresponding share proportion is determined. This is the simplest and most commonly used distribution method.
technology shares: if there are technology shares among shareholders, technology shares can be considered, but it should be noted that the proportion of technology shares should not be too high, generally not exceeding 49%, otherwise the decision-making power may be dispersed.
equity binding: in order to ensure the interests of shareholders are consistent, we can consider dividing the shares into several shares and distributing them gradually according to a certain period of time to avoid a large equity gap from the beginning.
consider contribution and role: when distributing shares, the contribution and role of shareholders in the operation of restaurants should be fully considered. For example, for shareholders who take more risks, they can consider giving more shares; For shareholders who play an important role in the operation, the proportion of shares can also be appropriately increased.
absolute holding: in order to avoid the situation that the decision cannot be made because of the same proportion of shares, it is necessary to have a controlling party to have absolute decision-making power in business decision-making. This controlling party can be determined through consultation, and generally needs to own more than half of the shares, that is, more than 51%.
in short, all factors should be fully considered in the distribution of shares in restaurants to ensure the rationality and fairness of the distribution. At the same time, when making a specific distribution plan, it is necessary to make flexible adjustments according to the actual situation.
first, determine the shareholders and the proportion of capital contribution
first, determine the shareholders participating in the restaurant and their respective proportions of capital contribution. This can be determined by signing the shareholders' agreement or the articles of association. When determining the proportion of shareholders and capital contribution, we should consider the contribution of each shareholder to the restaurant, the capital invested, the risks assumed and other factors.
ii. distribute shares according to the proportion of capital contribution
distribute shares according to the proportion of capital contribution of shareholders. This distribution method is simple and easy to operate. However, if there is a big difference between shareholders in the proportion of capital contribution, it may affect the cooperation and coordination between shareholders.
iii. Share distribution according to contribution
In addition to share distribution according to the proportion of capital contribution, share distribution can also be made according to the contribution of shareholders in restaurants. This way can better reflect the actual value and contribution of shareholders, and is conducive to stimulating the enthusiasm of shareholders. However, in the specific operation, it is necessary to formulate reasonable evaluation standards and methods to avoid unfair phenomena.
IV. Distribution by combining various factors
In order to better balance the interests of shareholders, the method of distributing shares by combining various factors can be adopted. Specifically, a comprehensive evaluation scheme can be formulated by comprehensively considering the proportion of shareholders' capital contribution, contribution, operating ability and other factors, and the shares can be distributed according to the evaluation results. This can better reflect the actual value and contribution of shareholders, and is also conducive to promoting cooperation and coordination among shareholders.
v. agreed share repurchase and withdrawal mechanism
in the process of share distribution, a reasonable share repurchase and withdrawal mechanism should be formulated. This can ensure the stable operation and development of restaurants, and also protect the interests of other shareholders. Specifically, it can be agreed that shareholders may not transfer their shares within a certain period of time; Or within a certain period of time, other shareholders have the preemptive right, etc. At the same time, it can also be agreed that under certain conditions, shareholders can buy back the transferred shares.
To sum up, the distribution of shares in restaurants is a complex and important issue. When distributing shares, we should comprehensively consider various factors and formulate a reasonable distribution plan. At the same time, a reasonable share repurchase and withdrawal mechanism should be formulated to ensure the stable operation and development of restaurants and the interests of other shareholders. Legal basis: Article 2 of the Law of the People's Republic of China on Partnership Enterprises. The term "partnership enterprise" as mentioned in this Law refers to a profit-making organization established in China in accordance with this Law, in which all partners enter into a partnership agreement, * * * jointly contribute capital, operate in partnership, * * * enjoy benefits, * * * bear risks, and bear unlimited joint and several liabilities for the debts of the partnership enterprise. Article 8 To establish a partnership enterprise, the following conditions shall be met: (1) There are two or more partners, all of whom bear unlimited liability according to law; (2) Having a written partnership agreement; (3) Having the capital contribution actually paid by each partner; (4) Having the name of the partnership enterprise; (5) Having business premises and necessary conditions for engaging in partnership operation. Article 9 A partner shall be a person with full capacity for civil conduct.