Anyone who wants to participate as an investor in a company, has the agony of choice. The range of the participations is large. Depending on the form and design, they bring advantages and disadvantages. In the following article, we explain that what company ownership is. We will also introduce different types of business ownership.
Corporate Participation - What is it?
Corporate participation in a company (also called equity participation) describes the proportionate ownership of a company. Corporate participation allows both private and professional investors to invest in a company. In return, he receives shares in this company. This means that the investor becomes the shareholder, and thus can profit in the future or obtain proceeds from a sale of the company.
Shareholders of a company have certain rights and obligations. The most important rights include information rights (entitlement to regular information about the course of business), profit-sharing rights (proportional claim to profits) and voting rights (voting rights in shareholder resolutions or shareholder meetings). The principal duty of the shareholder is the duty of loyalty (obligations of respect and loyalty towards the enterprise).
Investments in equities are the most common type of investment in companies. Investments in shares in limited liability companies are also widespread among professional investors such as business angels or venture capital companies. Even with funds investors can participate in a company. Corporate investments are usually investments in a company's equity. The investor receives an equity investment in which he contributes money or objects to the company, which then passes into the equity of the company.
Investors can also participate in the company's success through mixed capital (so-called mezzanine capital). Crowd-funding, for example, offers the opportunity to participate in start-up companies and growth companies through participating loans. These loans are linked to certain rights similar to those of a shareholder, including information rights, profit sharing and exit participation.
Debt capital, however, is not an equity investment, as debt investors cannot exert an influence on the company because they have no say and cannot claim information rights. In addition, the creditors have no profit sharing or exit participation and thus do not benefit from the company's success. They are only entitled to an interest-bearing repayment of their loan, credit or bond issue, not to profits or sales proceeds.
Corporate Participation - What types are there?
For investors, there are various ways to participate in a company. Almost all of these channels represent an investment in the company's equity, which will turn investors into shareholders. Some investments, on the other hand, take place with mixed capital, which does not make the investor a shareholder but allows him to participate in the company's success. Finally, there is the possibility to participate indirectly in the success of a company, as in the case of investing in fund shares. In the following paragraphs, we present the investment opportunities available to investors for participation in a company.
Corporate participation with shares
Investing in equities is the most common way of participating in a business. Large companies as well as some medium-sized companies are traded on the worldwide stock exchanges. In Germany, listed companies can either take the legal form of a stock corporation or a limited partnership on shares. They use the stock exchanges to raise capital by selling some of their equity in an initial public offering or a capital increase.
Company participation with pre-IPO shares
For investors, in addition to the classic stock market trading, there is also the option of participating in public companies before the stock market. Often times an emerging company from the growth phase plans an IPO in the near future, but requires a follow-up financing for the transition phase. For investors, this is the opportunity to invest venture capital in a promising company and to multiply their investment until the IPO.
Corporate participation with funds
Funds are a popular form of investment in Germany. For private investors, funds are a great opportunity to diversify their portfolios. Funds spread the risk for the investor, because they invest in various projects. There are funds with various range of investments: real estate, energy, film, music or business. In the following, we focus exclusively on funds that invest in companies.
Corporate participation with shareholder loans
A shareholder loan (also called equity loan) is a loan that is used to finance a project or business. The lender receives in return a profit-dependent (= shareholder) participation in the success of the project or company. This means that the lender receives a share of the profit or turnover. Participatory loans are long-term loans that run for several years.
Corporate participation with silent participations
In the case of company investments, a distinction is made between open and closed participations. Open participations are investments in the equity of a company and are entered as such in the commercial register. In addition, there are extensive rights of the shareholders, such as a say in shareholder resolutions.
Company participation with tokens
Another form of ownership was created by the breakthrough of Blockchain technology and the associated Initial Coin Offerings (ICOs). In doing so, company issues digital value coupons (so-called tokens) and in return receives capital from investors. Most capital seeking companies are start-ups from the blockchain or crypto market. ICOs broke all records last year on raised capital. The record sums were favoured by ever-increasing hype of well-known cryptocurrencies such as Bitcoin and Ethereum.
Company participation with ltd. company shares
A direct way of investing in companies is investing in ltd. company shares. In the case of venture capital, it is a popular choice of many investors. Professional investors such as business angels (BAs) and venture capital companies (VCs) generally invest in equity capital, that is the ltd. company shares. Because most emerging start-ups and growth companies are still ltd. companies. In contrast, the corporation (AG) is more the legal form of large companies and industrial groups.
Corporate participation and voting weight
Company shares can be differentiated according to which share of the capital an investor owns. For the amount of his share also determines the voting weight that he can muster in shareholder resolutions or general meetings.
For example, if an investor holds more than 50 percent of the voting rights, this is called a majority stake. With a participation of between 25 and 50 percent one speaks of a blocking minority. Although these are a minority of votes, they are just enough to prevent certain decisions from voting.
In the following chart you will find an overview of all forms of participation and the required amount of participation.