合夥做生意需要注意的事項。
合夥做生意需要注意的事項。如果是兄弟合夥,只要其中一位的老婆參與經營,最終都會導致拆夥。而夫妻吵架通常生意就會虧損。若是與他人一同創業,常因為利潤分配不均而鬧到不歡而散。若公司規模做大,就會有合夥人想自立門戶,會複製一樣的營業模式,並設法壓低產品價格。
想要避免以上的狀況發生,就可以設定以下這些規範。例如股份有三年的閉鎖期,中途有人想退出就只能淨身出戶,不能拿回當時投入的錢。當初提供資源與技術的人,需要創造出合理的利潤後,當目標達到之後才能拿到股份,避免有吃大鍋飯的情況發生。
公司虧損的時候要撤資,需要承擔等比例的債務才能退出。當獲利要退出時,無法一次性拿回所有股份,可分成兩年分批處理。第一年可領回持股的三成。如果發生損害公司權益的狀況,剩下的股份將不再退還。
當確認設立合夥模式,需要簽定投資入股協議,明確規定每位股東的出資金額及持有股份。要設定退出條文,防止公司還沒有賺錢時就有人想要中途撤資。公司章程要明確訂定權力與義務,只有一位董事長作最終決定,避免決策過程過度分歧而無法執行。還可設立一份同股不同權的章程,雖然股權一致,但投票權不同,避免投資方過度干涉團隊決策。
針對各股東還須簽定保密協議,確保公司機密不會外洩,並明定競業禁止,防止股東在外另設公司並帶走資源,而影響股東權益。
There are several things to consider when starting a business partnership. If it's a partnership between brothers, having one of their wives involved in the operation will eventually lead to dissolution. Arguments between spouses often result in business losses. When starting a business venture with others, disputes over uneven profit distribution can often lead to disagreements and dissolution. As the company grows in scale, there may be partners who want to establish their own ventures, often by replicating the same business model and attempting to undercut product prices.
To avoid these scenarios, the following regulations can be established. For instance, there should be a three-year lock-in period for shares, meaning anyone wishing to exit prematurely would have to leave without taking back their initial investment. Those who initially provided resources and expertise should only receive shares once reasonable profits have been generated, upon reaching the set goals, to prevent freeloaders.
When the company suffers losses, withdrawing capital requires bearing a proportionate amount of debt. When it's time to exit with profits, shareholders cannot retrieve all their shares at once but can do so in two-year installments. In the first year, they can reclaim thirty percent of their holdings. If circumstances arise that harm the company's interests, the remaining shares will not be returned.
Upon establishing the partnership model, investment and shareholding agreements must be signed, specifying each shareholder's contribution and holdings. Exit clauses should be set to prevent premature withdrawals before the company becomes profitable. The company's charter should clearly define powers and responsibilities, with only one chairman making final decisions, to avoid decision-making deadlock. Additionally, a charter with different voting rights for equal shareholding can be established to prevent excessive interference from investors in team decisions.
Each shareholder must also sign a confidentiality agreement to ensure company secrets are not leaked, and non-compete clauses must be specified to prevent shareholders from setting up competing companies and taking away resources, thus affecting the interests of shareholders.
照片:DALLE3
- 1
- 2
- 3
- 4