Who Owns Huawei?

C. Balding, Donald C. Clarke
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引用次数: 22

Abstract

As Huawei has come under increasing scrutiny over the last several months, the question of who really owns and controls it has come to the fore. Huawei calls itself “employee-owned,” but this claim is questionable, and the corporate structure described on its website is misleading. A number of pertinent facts about Huawei’s structure and ownership are in fact well known and have been outlined many times in the Chinese media, but the myth of Huawei’s employee ownership seems to persist outside of China. This article, drawing on publicly available sources such as media reports, corporate databases, and court cases, aims to refute this myth once and for all. In summary, we find the following: • The Huawei operating company is 100% owned by a holding company, which is in turn approximately 1% owned by Huawei founder Ren Zhengfei and 99% owned by an entity called a “trade union committee” for the holding company. • We know nothing about the internal governance procedures of the trade union committee. We do not know who the committee members or other trade union leaders are, or how they are selected. • Trade union members have no right to assets held by a trade union. • What have been called “employee shares” in “Huawei” are in fact at most contractual interests in a profit-sharing scheme. • Given the public nature of trade unions in China, if the ownership stake of the trade union committee is genuine, and if the trade union and its committee function as trade unions generally function in China, then Huawei may be deemed effectively state-owned. • Regardless of who, in a practical sense, owns and controls Huawei, it is clear that the employees do not.
谁拥有华为?
随着华为在过去几个月受到越来越多的审查,谁真正拥有和控制它的问题已经浮出水面。华为称自己为“员工所有”,但这种说法值得怀疑,其网站上描述的公司结构具有误导性。事实上,关于华为的结构和所有权的一些相关事实是众所周知的,并已在中国媒体上多次概述,但华为员工所有权的神话似乎在中国以外仍然存在。本文利用媒体报道、公司数据库和法庭案例等公开资料,旨在一劳永逸地驳斥这个神话。综上所述,我们发现以下情况:•华为运营公司由一家控股公司100%拥有,而华为创始人任正非持有该公司约1%的股份,而控股公司的“工会委员会”则持有该公司99%的股份。•我们对工会委员会的内部治理程序一无所知。我们不知道委员会成员或其他工会领导人是谁,也不知道他们是如何被选出来的。•工会成员无权拥有工会持有的资产。•在“华为”中所谓的“员工股份”实际上至多是利润分享计划中的合同利益。•鉴于中国工会的公共性质,如果工会委员会的股权是真实的,如果工会及其委员会的职能与中国工会的一般职能一样,那么华为可能被视为有效的国有企业。•无论在实际意义上是谁拥有和控制华为,很明显员工并非如此。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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