Equity restructuring mainly includes two forms: equity transfer and capital increase and share expansion. Equity transfer means that the shareholders of an enterprise transfer part or all of their equity or shares to others; Capital increase and share expansion means that an enterprise raises shares from the society, issues shares, and new shareholders invest in shares or original shareholders increase capital and share expansion, thus increasing enterprise capital. There is generally no liquidation procedure for equity restructuring, and the creditor-debtor relationship will continue to be effective after equity restructuring.
Characteristics of equity restructuring: 1. In the reorganization of enterprise's stock right, the enterprise that has participated in and held shares still exists as an economic entity. The enterprise that has participated in and held shares does not bear joint and several liability for the original debts of the enterprise that has participated in and held shares, but only bears finite risk liability for its capital contribution.
Holding and shareholding enterprises realize their rights and obligations to the property rights of holding and shareholding enterprises with the number of shares they hold.
2. Equity restructuring will often lead to the reorganization of the senior management of the enterprise that shares and is controlled. Equity investors often use all their shares to ask companies that are participating in and holding shares to reorganize their top management and adjust their business direction to make it in their own interests.
3. In the process of equity reorganization, it often leads to the reorganization of enterprise organizational forms, from traditional enterprises in the past to joint-stock companies or limited liability companies, so as to clearly define the respective rights and interests of equity investors and standardize the benefit distribution mechanism.
4. Equity restructuring can occur between joint-stock companies or between non-joint-stock companies and joint-stock companies. The fate of stakeholders can often be formed through equity restructuring and mutual replacement.