cloud network hunting note: in the domestic Internet industry, because the process is not standard, savage growth or development happened many entrepreneurs as shareholders’ equity disputes lead to the happening of the tragedy. A recent case is Mr. CAI and Cao Zheng, small shareholders, in order to be able to get the final victory, entrepreneurship how to protect their own interests?
the author: meat pie shop
see a message in the mood today is very heavy, some technology and oral promised by the boss pit, worked hard for n years, at the time of listed company plans, shares almost no promises. As a small shareholders, should be how to protect their own interests?
small shareholders to safeguard their own rights and interests, even if has a stake in agreement is really very difficult, because the identity of the minority shareholder position is very embarrassed, its identity between shareholders and migrant workers, as a shareholder’s voice is very low:
small shareholders, especially less than 10% of the small shareholders, if positioning is not clear recognition of their own, bit presumptuous for large shareholders in the identity of the shareholders of the company the full disclosure of information, strong antipathy may cause big shareholder, he will feel: I’ll give you a wage and shares, motivate you to do, not let you to my boss;
but if abandon the interests of the shareholders should strive for, completely at ease when a migrant workers, not conflict, big shareholders to the company all aspects of operation completely unaware, ashamed to know, in the case of asymmetric information, it is difficult to secure your interests, the interests of big shareholders abuse you too easy, through several complex corporate equity structure changes, you can take your shares.
as small shareholders, how to safeguard their own interests, I summarize the following points, only supplies the reference:
1, the stronger consciousness of contract
of course it is not just equity agreement, including all interests, may involve you should use the law to guarantee, if there is something wrong with the deal itself terms, must keep down a shaft, don’t cry because it is the other side feel you axis, you embarrassed, you compromise. Faced with conflicts in the future, an obscure terms may be your life.
digression: why do I always chatter of say I agree from Shanghai, Shanghai culture, it is because the shanghainese in the entire Chinese population, the consciousness of contract is the strongest, relatively make you more comfortable. Dealing with people in Shanghai, you serious on this issue, people will feel very normal, don’t think you’re strange.
2, try a variety of means to understand all aspects of company information
if you give you light to shareholder pressure big shareholder disclosure of the company, you are silly. Apart from major shareholders may have a choice to disclose, if major shareholders want to deal with you, to disclose less likely to cooperate with you. But as long as you are working in the company, you naturally have a variety of channels to collect and understand the information, will usually consciously ears all kinds of messages, and the colleagues who you need to understand the message (such as finance, personnel) often have a meal, go out activities, between casual words, and you can spell out enough information. And when you always keep the latest dynamic company, you can predict out many things, save for a rainy day, early to plan.
3, firmly grasp the sense of being in the company’s
small shareholders in a certain sense is working for large shareholders, must adjust our position, don’t assume that shares alone can protect their own interests. Big shareholders is because see you bring to the company value just think give you the shares worth, if which day, you are in the existence of the company are lower than the proportion of shares held by you, big shareholders will feel you get so many shares lost. Good character, can consult with you to buy back shares; Character difference, will find a way to take your shares.
so, you are in the presence of company determines your security, when you have mastered the core department, the core business, may give the boss wanted to give you more options incentive; If you are in the company has gradually marginalized trend, either you control of the company’s core business; Natural and unrestrained, either give up chicken ribs, oneself away out early, when you haven’t face to leave on good terms, will share part of cash, give yourself a hand over to treat.
4, personality is really important
although at the time of joining the company, you may not understand the big shareholders of personal character, but get along for a year or two down, must have deep understanding, this time if you find big shareholders character defective, really order to pull out. Such a thing without exception, if there’s a flaw in character, 100% sooner or later you get ripped, withdraw early, while no falling out, what benefit for how much you can give yourself for interests. True face, you can easily earn it doesn’t have any interest.
5, give yourself a retreat forever
no matter whether your plans for the future independent business, never give up their business independently. When you always have the independent ability, meet the above needs to decide the time, it’s easy to make a choice, not knowing there is a problem, or cheat yourself to stay down, not actively take the initiative to improve their situation, sit to see oneself step by step was playing dead.
on the other hand, as a big shareholder, if want to avoid conflict, should pay attention to the following:
1, awarded to small shareholders shares, is not performance shares, minority shareholders must come up with cash to buy shares
performance shares is very bad thing, even with relatively low valuation, let small shareholders to buy shares. On the one hand, come up with their own money to buy shares, will be more appreciative of entrepreneurial opportunities; Large shareholders are more balanced psychology on the other hand, the future is not easy to produce small shareholders white stake uncomfortable feeling.
2, grant, small shareholder’s stake in vesting manner, points awarded for 3 to 5 years, avoid brain a hot gave a lot at the beginning, later regret to withdraw, small shareholders don’t agree with, then the ugly things began.
3, if you feel small shareholders incompetent, solve earlier, don’t delay, talk to open earlier, according to the company’s current valuation, take the cash to buy back, gave people a satisfactory confessed that you leave on good terms, or good friends in the future.
4, to be a good personality of entrepreneurs, when your business success, don’t be too stingy to have brothers a little chance to drink soup.