What issues should be paid attention to when buying back shares?
Hello, stock buyback refers to the behavior of a listed company using cash and other methods to repurchase a certain amount of the company's outstanding shares from the stock market.
Issues that should be paid attention to when repurchasing equity: First, we must find out the true asset status of the original shareholders of the entrepreneurial enterprise, because this is the economic basis for the original shareholders of the enterprise to repurchase the equity of the venture capital investor.
If a start-up enterprise does not develop satisfactorily after being invested by venture capitalists, and all the personal assets of the original shareholders of the enterprise are based on the equity of the enterprise, then if the enterprise does not develop well, the original shareholders of the enterprise will have no
Sufficient financial capacity to repurchase the venture capital investor's equity in the enterprise.
Venture capitalists also cannot achieve their purpose of avoiding investment risks through equity buybacks.
Secondly, when designing equity repurchase terms, attention should be paid to the operability of the repurchase conditions, that is, on the premise of protecting the reasonable interests of venture investors, the affordability of the original shareholders should also be considered.
Overly harsh repurchase conditions may bring about two adverse consequences: one is that some original shareholders will accept all the harsh conditions. Such original shareholders generally do not want to perform the contract at all, and are actually more risky; the other is that
It is because the original shareholders cannot accept the overly harsh buyback conditions that the two parties cannot establish a cooperative relationship.
Thirdly, when designing the legal terms of the equity repurchase contract, attention should be paid to insisting that requiring the original shareholders of the entrepreneurial enterprise to repurchase the venture capitalist's equity in the enterprise under certain conditions is an option for the venture investor, not
Venture capitalists must sell their equity to the original shareholders of the company to avoid losing the greater benefits they deserve when the company is developing well.
When using equity repurchase, you should pay attention to study the laws of the country or region where the invested enterprise is located. For example: in foreign countries, the company itself can repurchase its own equity, but in mainland China, unlisted companies cannot repurchase their own equity.
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Therefore, in foreign countries, venture capitalists' equity in an invested enterprise can be repurchased by the enterprise itself or by the original shareholders; while in mainland China, it can only be designed to be repurchased by the original shareholders of the enterprise.
The last thing that needs to be explained is that equity repurchase is the most helpless choice for venture capitalists when they are unable to realize the withdrawal and realization of their investment. Generally, the return of venture investors realized by the repurchase of the original shareholders is less than the success of the enterprise.
IPO or the venture capitalists themselves successfully transfer the equity to a third party.
Therefore, even if equity repurchase clauses are designed in the investment contract, venture capitalists cannot take it lightly. First, they must do everything possible to assist the operators of the invested companies to run the companies well in order to maximize investment returns; secondly, they must
Pay close attention to the operating conditions of the invested companies, identify problems as early as possible, and discuss solutions with the business operators and original shareholders in a timely manner. If the original shareholders of the company need to fulfill their repurchase obligations, they should also contact them early to find out how the original shareholders fulfill their obligations.
Specific measures and timetables to prevent original shareholders from evading liability by transferring property.
This information does not constitute any investment advice. Investors should not use such information to replace their independent judgment or make decisions based solely on such information. If operating on their own, please pay attention to position control and risk control.