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山东的股份合作制试点较早 ,并在全省范围内普遍推广 ,形成了三种基本模式 :一是原有集体资产量化明晰、原集体成员人人有份 ;二是向企业职工出售企业产权 ,完全由职工持股 ;三是职工全部买断企业产权 ,股权相对集中。在改建股份合作企业的过程中 ,产权界定是一个十分关键的问题 ,各地基本上采取了“谁投资谁所有”的原则 ,但对有些资产的归属 ,各地做法却不尽一致 ,需要进一步完善。股份合作企业的股权结构主要有三种类型 :一是以乡镇企业为适用对象的股权结构 ,其特点是股份多样、集体股主导、股份自由流转 ;二是以城市国有中小企业和集体企业为适用对象的股权结构 ,其特点是股份单一、职工全员持股且相对均衡、股权流转受限。股份合作企业的组织结构主要有股东 (代表 )大会与职工 (代表 )大会合一、并存和只保留股东 (代表 )大会三种形式。为了进一步规范和引导股份合作企业的发展 ,今后应抓紧这方面的立法 ,明确其法律地位 ;建立集体资产经营公司 ,确保集体资产的安全、增值 ;鼓励和促进股份合作企业按照自身特点和规律不断发展。
Shandong pilot joint-stock cooperative system earlier, and universal promotion within the province, formed three basic models: First, the original quantitative clear collective assets, the original members of the collective share of each; the second is to sell corporate employees property rights , Completely owned by workers; third, all employees buyout property rights, equity is relatively concentrated. During the process of reorganization of joint-stock cooperative enterprises, the definition of property rights is a very crucial issue. Basically, the principle of “who invests all” has been basically adopted in all parts of the country. However, the ownership of some assets is not uniform across borders and needs to be further improved. There are mainly three types of shareholding structure in the joint-stock cooperative enterprises: one is the equity structure which is targeted at township and village enterprises, which is characterized by diversified shares, dominated by collective shares and the free flow of shares; secondly, the application of urban state-owned SMEs and collective enterprises Equity structure, which is characterized by a single share, the full shareholding of employees and a relatively balanced transfer of shares is limited. The organizational structure of joint-stock cooperative enterprises mainly includes the meeting of shareholders (representatives) and the workers’ (representatives) assembly, and the three forms of coexistence and only the general meeting of shareholders (representatives) exist. In order to further standardize and guide the development of joint-stock cooperative enterprises, we should pay close attention to the legislation in this respect and clarify its legal status in the future. We should establish a collective asset management company to ensure the safety and value-added of collective assets. Encourage and promote joint-stock cooperative enterprises in accordance with their own characteristics and laws development of.