Owning the equity of the company can enjoy the rights and benefits of the company, company with limited liability Although with limited company There are two different forms of company, but there are also company shares in a limited liability company. So, if you want to transfer company shares, what are the ways?
one Internal transfer
Shareholders of a limited liability company may transfer all or part of their equity to each other.
2. External transfer
( one )If there is an agreement, the agreement shall prevail: if the articles of association have other provisions on equity transfer, such provisions shall prevail.
( two )If there is no agreement, it is required to comply with the law: the transfer of equity by a shareholder to a person other than a shareholder shall be approved by "more than half of other shareholders" (more than 1/2).
Note: A resolution of the shareholders' meeting is not required for a shareholder to transfer his/her equity to a person within the shareholders' group.
Way of consent:
① Explicitly agree.
② If other shareholders fail to reply within 30 days after receiving the written notice, it shall be deemed that they agree to the transfer.
③ If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the equity to be transferred; If no purchase is made, it shall be deemed as consent to the transfer.
( three )Right of first refusal (order: negotiation - proportion of contribution)
Under the same conditions, other shareholders have the preemptive right to purchase the equity transferred with the consent of shareholders; If two or more shareholders claim to exercise the preemptive right, they shall negotiate to determine their respective purchase proportion; If the negotiation fails, the preemptive right shall be exercised according to the respective proportion of capital contribution at the time of transfer.
three Compulsory transfer of shareholders' equity by the people's court
( one )Compulsory transfer: When the people's court transfers the shareholders' equity according to the enforcement procedure, it shall notify the company and all shareholders, and other shareholders have the preemptive right under the same conditions. If other shareholders fail to exercise the preemptive right within "20 days" from the date of notification by the people's court, they shall be deemed to have waived the preemptive right.
( two ) Procedure for equity transfer: cancel the capital contribution certificate of the original shareholder - issue the capital contribution certificate to the new shareholder - modify the records of shareholders and their capital contributions in the Articles of Association and the register of shareholders.
It is not easy to start a company, and we should cherish it. The second brother of the enterprise reminds entrepreneurs that they should not only take care of the business operation of the company, but also master more business knowledge of the company.