（1）持股比例过于均衡

(1) The shareholding ratio is too balanced

平衡股权结构是指公司的大股东之间的股权比例相当接近，没有其他小股东或者其他小股东的股权比例极低的情况。持股比例过于均衡容易形成股东僵局，无法形成有效的股东会决议，也容易激化股东矛盾，造成公司控制权与利益索取权的失衡。

Balanced equity structure refers to the situation where the proportion of equity among the major shareholders of a company is quite close, and there are no other small shareholders or extremely low proportion of equity among other small shareholders. An overly balanced shareholding ratio can easily lead to shareholder deadlock, inability to form effective shareholder resolutions, and exacerbate shareholder conflicts, resulting in an imbalance between the company's control and interest claims.

（2）夫妻股东

(2) Spousal shareholders

实践中，该种情况多存在于民营企业。夫妻公司股东结构的优点是意见比较容易统一，不宜出现公司管理僵局。但是夫妻公司股东结构经营管理活动不规范，公私不分，财产混同，存在法人人格被否定的法律风险。另外，一旦夫妻感情出现危机，随之带来的是股权争夺战、公司控制权争夺战。如果夫妻共同财产约定不明，夫妻股东真正持股比例不清。

In practice, this situation often exists in private enterprises. The advantage of the shareholder structure of a married company is that opinions are relatively easy to unify and there should be no management deadlock in the company. However, the shareholder structure and management activities of the married company are not standardized, with no distinction between public and private, mixed assets, and there is a legal risk of legal personality being denied. In addition, once there is a crisis in the marital relationship, it will bring about a battle for equity and company control. If the joint property agreement between husband and wife is unclear, the true shareholding ratio of the couple's shareholders is unclear.

（3）股权过分集中

(3) Excessive concentration of equity

在一股独大的情况下，董事会、监事会和股东会形同虚设，“内部人控制”问题严重，企业无法摆脱“一言堂”和家长式管理模式。股权过分集中时，企业行为很容易与大股东个人行为混同，一些情况下，股东将承担更多的企业行为产生的不利后果。大股东因特殊情况暂时无法处理公司事务时，将产生小股东争夺控制权的不利局面。

In a situation where one shareholder dominates, the board of directors, supervisory board, and shareholder meeting are virtually non-existent, and the problem of "insider control" is serious, making it difficult for enterprises to break away from the "one talk shop" and paternalistic management model. When equity is excessively concentrated, corporate behavior can easily be confused with the personal behavior of major shareholders, and in some cases, shareholders will bear more adverse consequences arising from corporate behavior. When major shareholders are temporarily unable to handle company affairs due to special circumstances, it will create an unfavorable situation for small shareholders to compete for control.

（4）家族企业找人做挂名股东

(4) Finding someone as a registered shareholder in a family business

有的家族企业喜欢让家族成员在工商局注册成股东，但这些注册的股东没有实际出资，真正的股东以及管理者却没有任何工商注册的痕迹。出现显明股东和隐名股东，一旦出现家庭矛盾，或发生道德危机，显明股东将股权处分，或者违背隐名股东意愿表决公司事务，均会产生法律纠纷。

Some family businesses like to have their family members registered as shareholders in the Industry and Commerce Bureau, but these registered shareholders have no actual capital contribution, and the true shareholders and managers have no traces of industrial and commercial registration. In the event of a family conflict or a moral crisis between a prominent shareholder and an anonymous shareholder, if the prominent shareholder disposes of their equity or votes on company affairs against the wishes of the anonymous shareholder, legal disputes will arise.

（5）外资、国企及特殊行业股东有特殊规定，违法代持

(5) Foreign capital, state-owned enterprises, and special industry shareholders have special regulations that prohibit illegal proxy holding

有些行业，国家对股东资格是要进行审查审批的，比如金融类企业(证券公司、典当行、银行等)，另外外资企业、国有股的股权问题发生变化也都要进行审批，有些股东为了绕开这些规定，就找人代持，自己当隐名股东，这样的持股情况也存在被法律认定为无效的风险。

In some industries, the state requires review and approval of shareholder qualifications, such as financial enterprises (securities companies, pawnshops, banks, etc.). In addition, changes in the equity of foreign-funded enterprises and state-owned shares also require approval. Some shareholders, in order to bypass these regulations, find someone to hold them on their behalf and become anonymous shareholders themselves. Such shareholding also carries the risk of being deemed invalid by law.

（6）干股、送股、股权激励引纠纷

(6) Disputes arising from dry stocks, stock dividends, and equity incentives

有些公司在设立时采取干股、送股或者股权激励的方式留住人才，但设置不是很规范，干股是不是有效，送股还是股权转让，什么时候是股东这些问题都容易产生分歧。

Some companies adopt methods such as dry shares, stock dividends, or equity incentives to retain talent when they are established, but the setting is not very standardized. Issues such as whether dry shares are effective, whether stock dividends are given or equity transfers, and when shareholders are shareholders can easily lead to disagreements.

（7）职工入股却不登记

(7) Employees who invest but do not register

有的企业在国企改制、非上市公司向职工募股，基于法律上对股东人数的限制，往往对入了股的职工却没有进行工商登记，由委托代持、职工持股会、股权信托等方式找人代持股东，一旦代持的股东不听话，或者大股东忘记了职工的股东身份，职工股东的权益就容易受到侵犯。

Some enterprises, during the restructuring of state-owned enterprises or the offering of shares to employees by non listed companies, often fail to register the number of shareholders who have invested in the shares based on legal restrictions. Instead, they rely on methods such as entrusted holding, employee shareholding associations, and equity trusts to find someone to hold the shares on behalf of the shareholders. Once the proxy shareholders do not listen or the major shareholders forget the identity of the employees as shareholders, the rights and interests of the employees as shareholders are easily violated.

有了股权合伙设计上面的小总结，希望对广大客户有所帮助，如果有什么不理解的或者寻求帮助的请点击我们的网站：http://www.guquanzhanlue.com或者来电咨询，我们会尽全力为您解决

With the summary of equity partnership design, we hope it can be helpful to our customers. If you have any questions or need help, please click on our website: http://www.guquanzhanlue.com Or call to inquire, we will do our best to solve it for you