(The company transfers shares) Please help me to advise, thank you!

aexchen

About the equity of natural person xx

        Natural person xx uses his personal technical resources to invest in Beijing xx Network Technology Co., Ltd. and enjoys 15% of the original equity of the company. The capital is invested by the company's legal person on behalf of xx. As follows:

I. The right to transfer the equity held by a natural person xx is limited to the legal representative xx of the company, and the transfer fee is zero yuan.

Please have experienced seniors help me to advise. Whether this first one is cheated or not is related to the younger brother's future and fate.

cuiler

Equivalent to no right of transfer. If you don't pay dividends, you won't get anything. And you have to take responsibility for the company's problems.
It is suggested that the first article be amended to read:

The transfer of the equity held by a natural person xx is preferentially transferred to the company's legal representative xx at the same price.

Or change the transfer fee from zero to the actual value of the equity held (how many percent). At least you have to take a risk fee.

5954979

There should be no problem. Because you did not contribute capital, he asked you to return the shares when you left the company, and you have the rights and obligations that shareholders should have in the company. This is quite common.

What is said may be wrong, it is for reference only, it is impossible to find a lawyer to look at it for you.

5954979

cuiler: There is a problem with the limited liability company. The landlord has not invested. There should be nothing. Ha ha.

czh031812

Find a lawyer!

williamsxie

Yeah, what to do without dividends?
Even if it can be transferred, how to value it?

aexchen

Thank you for your guidance. I also feel that I have not invested. If the equity is transferred in exchange for cash just after the signing, is n’t it justified, I hope for guidance

aexchen

By the way, whoever decides whether or not to pay dividends, if the company earns money, how can it reflect my benefits, I really do n’t understand, laughed

szyq8888

Immediately after signing, the equity was transferred in exchange for cash, and someone would pick it up!

cuiler

As long as you do not do pornographic websites or other serious problems, the landlord has not invested, and the risk is indeed small.
But without the right to transfer, if the dividend is not guaranteed, it is equivalent to nothing. It is also easy to be locked up by these shares.
There must be at least dividend protection in the clause.
In case the company is very big, the stock appreciation will be great, and even go public. The landlord's shares do not have the right to transfer, is it a loss? The landlord should at least secure a restricted transfer right. If three years have passed, 50% of the right to transfer.

However, if the major shareholders do not pay dividends, the landlord can, as a last resort, pledge the equity to the bank.