职工持股会怎么办

职工持股会是在特定历史时期产生的一种组织形式，在国有企业改制等过程中发挥过一定的作用。然而，随着时间的推移和政策法规的变化，职工持股会面临着一系列的问题和挑战。那么，职工持股会到底应该怎么办呢？

首先，我们需要了解职工持股会的政策演变。在过去，部分国家部门及地方政府为了推进国有企业改革，鼓励具备条件的企业设立职工持股会。但后来，国家对于职工持股会的政策逐渐发生了变化。民政部办公厅指出职工持股会不应再由民政部门登记管理，证监会也指出职工持股会不再具有法人资格，不能成为公司的股东。

接下来，探讨职工持股会的清理方案。清理职工持股会的关键是将其持有的拟上市公司股权转让给他人，将拟上市公司的股东控制在《公司法》规定的范围内，同时避免因清理职工持股会而产生关于公司股权的法律纠纷。通常情况下，解决职工持股会的方案主要包括三部分内容：职工持股会内部出资转让、职工持股会转让股权及解散职工持股会。

在职工持股会内部出资转让方面，由于《公司法》对有限责任公司和股份有限公司的股东人数有限制，为使公司股东人数符合规定，应当在职工持股会内部进行出资转让，压缩人数。职工持股会内部出资调整主要是职工将自己的出资转让给职工持股会或其他职工。

对于职工持股会的未来，一种可能的解决思路是撤销职工持股会，进行股份确权，还原至原始股东；或者转让股份，使人数降低至法定人数以下。

总之，职工持股会的问题需要综合考虑多方面的因素，采取合理合法的方式进行解决，以保障各方的合法权益，促进企业的健康发展。

What to Do with Employee Shareholding Association

The employee shareholding association is a form of organization that emerged in a specific historical period and has played a certain role in the process of state-owned enterprise reform. However, with the passage of time and changes in policies and regulations, the employee shareholding association is facing a series of problems and challenges. So, what exactly should be done with the employee shareholding association?

Firstly, we need to understand the policy evolution of the employee shareholding association. In the past, some national departments and local governments encouraged qualified enterprises to establish employee shareholding associations in order to promote the reform of state-owned enterprises. But later, the national policies on employee shareholding associations gradually changed. The General Office of the Ministry of Civil Affairs pointed out that employee shareholding associations should no longer be registered and managed by the civil affairs department, and the China Securities Regulatory Commission also pointed out that employee shareholding associations no longer have legal personality and cannot become shareholders of the company.

Next, let's discuss the clean-up plan for the employee shareholding association. The key to cleaning up the employee shareholding association is to transfer the shares it holds in the proposed listed company to others, control the shareholders of the proposed listed company within the scope stipulated by the Company Law, and avoid legal disputes regarding the company's equity due to the clean-up of the employee shareholding association. Usually, the solutions to the employee shareholding association mainly include three parts: internal capital transfer within the employee shareholding association, transfer of equity by the employee shareholding association, and dissolution of the employee shareholding association.

In terms of internal capital transfer within the employee shareholding association, due to the restrictions on the number of shareholders in limited liability companies and joint stock limited companies stipulated by the Company Law, in order to make the number of shareholders of the company comply with the regulations, capital transfer should be carried out within the employee shareholding association to reduce the number of people. The internal capital adjustment of the employee shareholding association mainly involves employees transferring their capital to the employee shareholding association or other employees.

For the future of the employee shareholding association, one possible solution is to revoke the employee shareholding association, conduct share confirmation rights, and restore to the original shareholders; or transfer shares to reduce the number of people to below the legal limit.

In conclusion, the issue of the employee shareholding association requires comprehensive consideration of various factors and the adoption of reasonable and legal methods for resolution to protect the legitimate rights and interests of all parties and promote the healthy development of enterprises.