1. It is reasonable to distribute the equity according to the proportion of capital contribution. According to relevant laws and regulations, shareholders exercise their voting rights in proportion to their capital contribution at the shareholders' meeting, and major resolutions such as amending the Articles of Association, increasing or decreasing the registered capital at the shareholders' meeting must be passed by shareholders representing more than two thirds of the voting rights; Unless otherwise stipulated in the articles of association.
2. Legal basis: Article 3 of the Company Law of People's Republic of China (PRC).
The company is an enterprise law or a mobile person, has independent legal person property and enjoys legal person property rights. The company is liable for its debts with all its property. Shareholders of a limited liability company shall be liable to the company to the extent of their subscribed capital contribution; Shareholders of a joint stock limited company shall be liable to the company to the extent of the shares subscribed by them.
Second, what should be paid attention to in equity transfer?
1. The Articles of Association stipulates that shareholders may not transfer their shares to anyone other than shareholders, but they give up their preemptive right. At this time, it is impossible for shareholders to transfer shares. Whether the company purchases or agrees to transfer its shares through a temporary resolution needs to be considered by the board of directors or the shareholders' meeting (I think the transfer of shares with burial right of a joint stock limited company cannot be restricted, and it is invalid if it is restricted, but the transfer of shares of a limited clothing company can be restricted);
2. In order to protect the interests of other shareholders, it is best for the company to conduct audit and evaluation to avoid the infringement of other shareholders by major shareholders, and it is also necessary for the board of directors and shareholders' meeting to conduct qualitative and evaluation on major shareholders;
3. If the equity of the company's foreign investment is to be transferred, it must be reviewed by the board of directors and the shareholders' meeting, and it will be treated as a major issue of the company, and a decision will be made after deliberation.