It is a scam for the company to let employees buy shares. Every enterprise dreams of having a team of employees who are loyal to the enterprise, United and diligent, and can win glory for the enterprise, but it also requires the efforts of the enterprise management. Is it a scam for the following sharing companies to let employees buy shares?
It is a scam for the company to let employees buy shares. Is it reliable for the company to let employees buy shares? Under what circumstances will employees become shareholders? Is this illegal fund-raising?
Reliable. Don't belong. Employees think that the enterprise has a bright future, find the core competitiveness of the enterprise, and put forward many improvement measures for the enterprise.
If an enterprise allows employees to become shareholders, they will enjoy the legitimate rights and interests of shareholders, which is legal and does not constitute illegal fund-raising. However, if the boss lets the employee take shares in order to illegally occupy the fund-raising funds of the employee, and the subsequent boss absconds with the funds and brings losses to the employee, this behavior belongs to illegal fund-raising, which constitutes the crime of fraud and bears criminal responsibility.
Extended data:
Precautions:
Find out how much property the company has, that is, how much net assets it has, before buying stocks. If you can, please ask an accounting firm to audit it. Of course, it doesn't matter if the company is small.
It is necessary to know the way of holding shares, whether it is newly registered capital or equity transfer.
To increase the registered capital, it is necessary to complete the capital verification procedures and amend the articles of association, and then go through the formalities of change registration at the industrial and commercial bureau.
If it is equity transfer, it is necessary to amend the articles of association, and then go through the registration formalities with the industrial and commercial bureau.
It is the low-level routine of the second scam that the company lets employees become shareholders. However, the court found that it was not a shareholder.
With more experience and familiarity with the usual feasible methods, some routines will naturally form. Doing things in a routine can greatly reduce the mental burden.
However, there are also deceptive routines that want to fool people.
In reality, many companies will use the so-called equity scheme to "motivate" employees. Similarly, some companies use so-called partnership programs to "motivate" employees. There, starting from motivation, it can be roughly divided into two categories.
The first kind of company, the starting point and motivation are still normal. They still operate on the basis of normal employment relationship, business logic and basic business ethics.
Generally speaking, these companies will give employees reasonable salary and benefits, and then set up some additional equity incentive schemes on this basis in an attempt to achieve the goal of "consolidating the core team or motivating employees". Of course, as to whether these plans can achieve their goals, this is another question, so I won't expand it here.
The second kind of company has some incorrect or evil starting points.
However, the degree of "evil" is also different.
More importantly, I want to replace the salary expenses of some employees by holding shares of some employees, thus reducing the operating costs of the company. This way is actually bad for employees.
Since such companies cannot fully support the basic reasonable salary of employees, the equity value of such companies is definitely low. Generally speaking, equity cannot be realized, and there is almost no possibility of getting dividends in the visible year. From the actual effect, employees get lower than the market average salary, and then they get almost worthless equity.
The worst thing I have ever seen is that I don't even pay my salary, but only give the so-called virtual equity and the false name of shareholders or partners, so that employees can wait for the corresponding dividends or commissions. Observing the mentality of such a serious enterprise seems to achieve such a goal: to make employees think that they are shareholders or partners.
I think I am the owner of this company, but at the same time, I prevent employees from really having the rights of shareholders, thus achieving the state of "letting employees perform the duties of the owner, but not exercising the rights of the owner".
Some people may say, how can anyone be stupid enough to get into such an obvious routine?
Let's just say that all kinds of old-fashioned scams can always fool people in society. This may be human nature, or it may be because China's population base is relatively large. There are always a certain number of people who have this level of cognition. In all kinds of short videos on the Internet, we often see an endless video of "understanding applause". Many people laugh when watching such videos. Why would anyone pay to attend a class? But in fact, quite a few people will recognize what they say.
Someone once asked, why don't people who pretend to be bank customer service in telephone fraud practice Mandarin before coming out to cheat?
Someone replied: this is to screen suitable target customers for them.
Tell a recent case and see how the people's courts understand and identify this routine.
The plaintiff Company A brought a lawsuit to the court:
1, ordered Wu to stop working in education and training industries such as enrollment of education and training teams, composition training, calligraphy training and robot programming training;
2. Order Wu to pay liquidated damages of 1 million yuan to Company A;
3. All litigation costs in this case shall be borne by Wu.
The plaintiff, Company A, believed that Wu was an internal shareholder of Company A. When Wu withdrew his shares, he made a written commitment in the form of "Shareholders' Contract Termination Agreement" that he would not engage in the same industry and investment in China for three years, otherwise the equity capital and dividends would not be distributed and returned, and he would compensate Company A for the liquidated damages of 1 000,000 yuan. After Wu withdrew his shares, he joined a third party to engage in the enrollment and education and training of the education and training team. Wu violated the non-competition clause agreed in writing, which seriously damaged the legitimate rights and interests of Company A..
Wu argued that the cause of this case was not a civil and commercial dispute, but a labor arbitration dispute. Wu is a laborer of Company A, and he has a labor dispute with the employer. Based on the nature of the contract signed in this case, the shareholding agreement belongs to the equity incentive agreement and belongs to the attachment of the labor contract. Equity agreement is different from civil equity agreement, and it is two completely different contracts. The two clauses in this case are not binding or invalid, and Wu requests to suspend the case.
It is a scam for the company to let employees buy shares. 1. Is it illegal for the boss to let employees buy shares?
Enterprise fund-raising refers to the behavior of enterprises to raise funds from society or employees within enterprises. Generally speaking, enterprises raise funds by issuing corporate bonds to the public or internal bonds to internal employees. If the employee voluntarily shares, the company gives the share certificate and the shareholders' rights stipulated by the company, it is not illegal fund-raising. As a shareholder, you can consult the company's financial books according to law. However, if the purpose is illegal possession, employees squander or transfer the fund-raising funds after becoming shareholders, which constitutes illegal fund-raising.
Second, the means of illegal fund-raising
(1) promises high returns and fabricates the myth of "pie falling from the sky" and "getting rich overnight". Inducement is the only way for all criminals to deceive the masses. In order to attract more people, criminals often promise investors high returns in the form of rewards and points rebates.
In order to defraud more people to participate in fund-raising, illegal fund-raisers start by paying the principal and interest of early investors in full and on time, then rob Peter to pay Paul, and use the money of late fund-raisers to pay the principal and interest of early stage. After reaching a certain scale, they secretly transfer funds and abscond with the money.
(2) fabricating false projects or concluding trap contracts to deceive the masses into the quagmire step by step. The criminals defrauded the people of funds in the name of planting cactus, spirulina, aloe, pitaya, Cordyceps sinensis, breeding ants, black guinea pigs, sika deer and recycling poultry; Some attract public deposits in the name of developing so-called high-tech products; Some fabricate false projects such as afforestation and fund-raising to build houses to defraud the masses of "shares"; Some promise high fixed income and absorb public deposits through the way of store leaseback.
(3) Confuse the concept of investment and financial management, and let the masses lose their judgment in the face of dazzling new terms. Some criminals use new terms such as electronic gold, investment funds and online hype to confuse the masses and pretend to be new investment tools or financial products; Some use monopoly, agency, franchise chain, consumption value-added rebate, e-commerce and other new business methods to deceive people's investment.
(4) whitewash the peace, and use the legal coat or celebrity effect to defraud the people's trust. In order to put a legal cloak on criminal activities, criminals often set up companies, go through complete business licenses, tax registration and other procedures to cover up their illegal purposes, without actually operating or investing in projects. These companies increase publicity by renting office space in luxury office buildings and hiring celebrities to advertise, so as to cheat people's trust.
(5) Using the Internet to commit crimes and evade attacks through virtual space. Criminals rent overseas servers to set up websites or set up websites in different places, and generally use code names or screen names to develop their heads. Some also spread false information through websites, blogs, forums and other online platforms and instant messaging tools such as QQ and MSN to trick the masses into being fooled.
Once checked, the website will be closed quickly, and the following lines will abscond with money in the name of not operating according to the rules. Before absconding, the so-called notice was issued, asking the offline personnel to remember their performance and promising to return the rebate in the future to stabilize the deceived people.
(6) expanding the victim groups by means of mental, personal coercion or family deception. Many illegal fund-raising participants are persuaded by relatives and friends with low risks and high returns. Criminals often use relatives, friends, fellow villagers and other relationships to lure them with high interest rates and illegally obtain funds.
Under the mental brainwashing or physical coercion of the MLM organization, some MLM personnel who joined in order to complete or increase their political achievements did not hesitate to use family relations and geographical relations to attract relatives, friends, classmates or neighbors to join, and some even spared their parents, spouses and children, resulting in family relations turning against each other and causing human tragedies.
If an enterprise allows employees to become shareholders, they will enjoy the legitimate rights and interests of shareholders, which is legal and does not constitute illegal fund-raising. However, if the boss lets the employee take shares in order to illegally occupy the fund-raising funds of the employee, and the subsequent boss absconds with the funds and brings losses to the employee, this behavior belongs to illegal fund-raising, which constitutes the crime of fraud and bears criminal responsibility.