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今天我们来说一说在公司创立时应该注意的问题,这也是有感而发,因为我们在看项目的过程中,确实看到了不少公司由于初期的操作不当而留下了顽疾。

在公司创立之初,创业者很容易把过多的精力用来憧憬未来,而忽略了公司这个主体(比如出资方式、股份结构等)本身对未来的影响。然而,一旦主体被确定下来,这一内因就成为了外生变量,不再是创业者能够自由控制的了。

因此,前期的“宏观性”和“预见性”相当重要。企业战略不仅仅是如何迅速地拓展业务,还包括对公司发展壮大的长远部署。如何设立一个较为规范的公司,未雨绸缪,布局宏观,是每个创业者在正式成为纳税主体之前,必须考虑与分析的。

人在小时候的一些疾病,很容易影响其一生,企业也是如些。我们曾经投资过一家企业,在初期有无形资产入股,而且占了很大的比例,后来涉及评估和转让的问题,操作过程让人头痛,即使创始人有心解决,也因为各种利益纠葛,举步维艰。但凡病痛,重在预防,如果已经存在,则是越早根治越好,对企业而言也是一样。

很多创业者,在创业初期没什么经验,可能在路边捡到一张名片,就解决了公司的注册问题,可是保不齐哪一天这样的草率就会制约公司的发展。捡名片的故事可不是我信口说说的,当时该公司的创始人刚出道没什么经验,为了公司的注册资金看起来大一点,正好在工商局门口捡到一张可以代为出资注册的名片,就顺水上了船。公司后来经营得很不错,但去年融资的时候就因为出资不实的问题很费了一番周折。不得已只好重新注册了一家公司,然后再把业务转移过去,操作时间延长不说,融资成本也上升了不少。

公司创立时需要注意的问题有不少,我主要说两个。

一是出资的问题,如果股东都是以货币出资,则比较简单,不提;如果是以非货币财产出资的,要复杂不少,创始人需要注意几个点:

1.首先是估价是否合理,这是最根本的问题,尤其是在股东以无形资产出资时,估价显得更为重要。在公司发展到一定规模时,可能要引入新的投资方,如果有不合理估价的无形资产,对引入投资是个大麻烦。

2.其次是你是否真的需要。有时股东以机器设备、厂房或者产品入股,结果可能根本不是公司经营所需;也有时股东以无形资产如专利、商标等入股,不久后也可能因技术路线改变而被束之高阁。这样的情况下,引入非货币资产就需要谨慎了。

3.还有一些其他问题,比如非货币资产的归属,如果股东拿别的公司的资产当作自己的用来出资,你怎么办?专利、软件著作权等还涉及剩余保护年限的问题,当然保护范围也是需要关注的。

二是股份结构的问题,这是我们作为投资人比较关心的问题。新鲜出炉的创业者,有时会出于义气选择股份平均,这对后期引入投资是不利的。在投资人眼中,创业者只有一个,他必须在法律和事实上均有绝对的控制权。股份平均的案例,我们也有接触过几个,创始团队都会声明他们虽然股份平均,但会抱团来做决策,但这在法律上是没有保障的。

我们建议公司初创时,创始人能够持有60%以上的股份,或者更高。因为在后续的A轮、B轮和C轮融资中,股份会被不断地稀释,只有初期股份够高,才能保证在几轮融资后依然保有对公司的掌控权。从投资人的角度来看,很多人以为投资人很坏,动不动想控股,其实不是的,专业的投资人一定会控制自己的股份比例,保证创始人有足够的动力继续经营公司,因为最能把公司发展壮大的,一定是创始人自己。

也有些创业团队,一开始碍于情面,搞平均化,想等到以后再解决这个问题。刚才说了,如有病痛,越早根治越好。等到公司发展到一定规模的时候,你会发现调整股份比例会是一件非常痛苦的事情,因为那时股份已经真正意味着利益,在利益纠葛下,牵一发而动全身,怎一个麻烦了得。

公众微信名称:B座12楼 微信ID:B1-12F。


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