The development and expansion of the company is inseparable from the support of funds.In the course of the company’s development,financing must be carried out,but the external investors and the founders are different from the goal.The founder pays more attention to the long-term development of the company and the long-term goal.The external investors pay more attention to the income of capital investment.In the same way,the two parties will achieve the purpose of controlling the company by competing for the control of the company.If the founder of the company does not protect his control effectively,it may face the risk of losing control.Therefore,we should explore the current situation of judicial and legislation in our country,and combine relevant cases to find ways to protect the right of founders to control.Co ownership is the principle of equity structure in our country.This principle is not conducive to the maintenance of the founder’s control to some extent.Taking the Alibaba group as an example,because its partner system is different from the same share right principle of our country,the Alibaba has failed in China and the US double stock is better for Alibaba.The structure is more conducive to the maintenance of the control of the founder,so the Alibaba is listed in the United States.It can be seen that the same share right system has influenced the domestic listed companies in China,to a certain extent,it restricts the development of domestic companies.South Beauty catering in the process of financing with external investors to sign a gambling agreement,because the founder of Zhang Lan lost gambling,resulting in the loss of the company’s control,it can be seen that the effect of the gambling agreement on the control of the big.In this paper,the case study method is used to systematically comb the typical cases at the present stage in China,to point out the shortage of the existing system supply,to provide effective suggestions for the design of the terms for the signing of the gambling agreement in the company’s financing;to protect the control of the founder through the design of the articles of association,and to introduce the double stock structure of the United States to our country.Put forward my own idea. |