Q: Recently, when I wanted to take the next hotel, my business license was also transferred to me. Besides the change of the name of the legal representative, 111% equity of the catering company was also transferred to me. Before, some friends reminded me to be cautious about equity transfer. So I want to ask what I need to pay attention to?
A: Juntong Legal Online Consultation will answer for you
According to the company law, the equity transfer of a limited liability company can be divided into two types: internal transfer and external transfer. Procedures for external transfer, ***6 steps:
1. Negotiation. This step is to find the transaction object and reach a preliminary intention on the basic contents such as the subject matter and price of the transaction.
2. obtain the consent of more than half of other shareholders in writing. This is a strict legal requirement, which directly affects the legal effect of the transfer.
3. Other shareholders waive the preemptive right. In practice, this step and the second step can be solved together, for example, by holding a shareholders' meeting to vote and making a statement to waive the preemptive right. But these two steps have different legal meanings after all, so they need to be listed separately.
4. Sign the equity transfer agreement.
5. the company's records of changes in the equity transfer include the cancellation of the original shareholder's contribution certificate, the issuance of the contribution certificate to the new shareholder, and the corresponding records of changes in the company's articles of association and the register of shareholders.
6. apply to the administrative department for industry and commerce for company change registration.