股權背后代表的是股東擁有的權利,是基于股東地位而取得的包括財產權、經營管理權在內的多種權利的集合體。只要擁有了股權,就意味著擁有了該公司的所有權。股權所對應的權利一般包含以下幾個大的方面:
Behind equity represents the rights owned by shareholders, which are a collection of various rights obtained based on shareholder status, including property rights and management rights. As long as you have equity, it means you have ownership of the company. The rights corresponding to equity generally include the following major aspects:
1.決策權
1. Decision power
決策權指的是股東享有的表決權,主要體現在股東會中針對所議事項的表決。股東會作為公司的高權力機構,股東對會議上所做的任何決策都代表著高的權力。
Decision making power refers to the voting rights enjoyed by shareholders, mainly reflected in the voting on the matters discussed at the shareholders' meeting. The shareholders' meeting, as the high authority of the company, represents high power in any decisions made by shareholders at the meeting.
2.經營者的選擇權、經營管理權
2. Option and management rights of operators
這兩個方面更多的是指股東有針對經營者、企業經營管理方面的選擇權。股東可以選擇職業經理人來進行企業的管理,如果人選不合適,可以通過股東會換掉。股東自己也可以親自參與公司的經營管理,對公司的經營做出方向性的決策。
These two aspects refer more to shareholders having the right to choose between operators and business management. Shareholders can choose professional managers to manage the enterprise, and if the candidates are not suitable, they can be replaced through the shareholders' meeting. Shareholders themselves can also personally participate in the company's management and make directional decisions regarding the company's operations.
3.知情權、質詢權
3. Right to know and inquiry
任一股東,無論持股權的比例大小,對于公司的所有事項都有知情權和質詢權,就是當你對某些事項不認同或者覺得有異議的時候,都可以提出質詢。
Any shareholder, regardless of the proportion of shareholding, has the right to know and inquire about all matters of the company. That is, when you do not agree or feel that you have objections to certain matters, you can raise inquiries.

4.優先購買權、優先認購權
4. Right of First Refusal, Right of First Refusal
主要指公司的股東在股權上有優先權。當公司內部有股東想要退出或者轉讓自己的股權時,其他股東是可以先受讓的,只有當公司內部所有股東都不主張這個權利時,轉讓者方可將自己的股權轉讓給公司股東以外的第三方。這也是在保證原有股東的權利,防止股權的惡意出售帶來不適合公司發展的股東,對公司造成麻煩。
Mainly refers to the company's shareholders having priority in equity. When a shareholder within the company wants to withdraw or transfer their equity, other shareholders can first transfer it. Only when all shareholders within the company do not claim this right, can the transferor transfer their equity to a third party other than the company's shareholders. This is also to ensure the rights of existing shareholders and prevent malicious sale of equity from causing trouble to the company by shareholders who are not suitable for its development.
5.財產收益分配權
5. Property income distribution rights
這個主要包含分紅權,當公司產生利潤時,股東自然享受利潤的分紅。另外,還包括公司剩余財產(價值)的分配權,當公司解散或者經過發展沉淀,公司有剩余資產或者資金時,股東享受對應的索取權,應當對此部分的財產進行分配。
This mainly includes dividend rights, and when the company generates profits, shareholders naturally enjoy the dividends of the profits. In addition, it also includes the right to distribute the remaining assets (value) of the company. When the company dissolves or undergoes development and sedimentation, and the company has surplus assets or funds, shareholders enjoy the corresponding right to claim, and this part of the property should be distributed.
除以上權利外,其實股權的權利還有轉讓權、繼承權、增值和溢價權等,無論是哪些權利,都屬于股東在持有股權時法律賦予的應得的權利。我們只有正確了解這些權利,才能正確認識并在自己遇到問題時,能夠捍衛自己的權利,或者在股東會中主張自己的權利。
In addition to the above rights, the rights of equity also include the right to transfer, inheritance, appreciation, and premium. Regardless of which rights are, they belong to the rights that shareholders are entitled to by law when holding equity. Only by correctly understanding these rights can we correctly understand and defend our rights when facing problems, or advocate for our rights in shareholder meetings.
對于以上我們講的這些權利,更多的是針對有限責任公司和股份制公司來講的,對于個體工商和有限合伙企業來說,他們的“股權”是有一定區別的。
The rights we mentioned above are more specific to limited liability companies and joint-stock companies. For individual businesses and limited partnership enterprises, their "equity" is somewhat different.
主要區別在于,他們也對應以上權利,但是表現形式有所不同,比如在個體工商當中是沒有股東這一說法的,在有限合伙企業中一般約定的是財產份額,也無正式的股權比例之說。因為公司的主體不同,對應的約定、工商要求也有所不同。
The main difference is that they also correspond to the above rights, but their manifestations are different. For example, in individual businesses, there is no shareholder. In limited partnership enterprises, there is generally an agreement on the share of property, and there is no formal equity ratio. Due to different entities of the company, the corresponding agreements and business requirements also vary.
This tells us that when carrying out Jinan partnership design and entrepreneurship, the agreements between shareholders and the signing of agreements should be clearly stated in the description of the agreement, in conjunction with the legal subject of the operation, to avoid the invalidity of the agreement. For more related content, come to our website http://www.aibangwang.cn consulting service