Research On The Employee Equity Incentive System Of Non-listed Companies

The 20 th National Congress emphasizes improving the modern enterprise system with Chinese characteristics and standardizing the mechanism for wealth accumulation.As the type of enterprises with the highest proportion in China’s market,the employee equity incentive system for the promotion of enterprise reform and protecting the material interests of employees,how to implement it with high quality and efficiency has become the focus of attention.In 2022,the country to the company law,in fact ruled out the equity incentive main legal obstacles,shows the state hope that through the appropriate equity reward to give worker legal return,it not only helps to eliminate the prevailing trust escrow,shell company disguised shareholding way of legal risk,more help to improve the modern enterprise system and realize enterprise and worker common prosperity.However,contrary to the state’s willingness to support employee equity incentive,under the existing legal system,the relevant legal regulations involving the equity incentive of non-listed companies are not only imperfect,but also there are many internal contradictions to be clarified,so it is very necessary to carry out relevant research.Based on the basic theory,development history,historical analysis and particularity of equity incentive of unlisted companies,analyzing more timely case data,it conclude that the following problems may exist in the implementation of equity incentive;the execution procedure of equity repurchase is not smooth;the applicable scope of relevant preferential tax policies is limited;and the legal relief of employee equity incentive disputes is weak.In view of the above existing problems,To investigate the legal system of employee equity incentive,Thus,the following suggestions are put forward for the legal construction of employee equity incentive of non-listed companies in China:supplement the information disclosure system of equity incentive with hierarchical filing system,and improve the voting rights system of equity incentive with collective voting rights;The points system of employee equity by third-party supervision,and the pricing mechanism of employee equity by third-party accounting evaluation system;Relax the application of equity incentive with preferential tax policies;Strengthen the Supreme Court’s guidance on the dual legal nature of employee equity incentive disputes,introduce the qualified investor system and supervision mechanism,and improve the equity incentive supervision system.Build through the whole process of employee obtaining incentive equity to dispute settlement,actively coordinate and protect the rights and interests of non-listed companies and their employees,and promote the steady and healthy development of employee equity incentive of non-listed companies.