Does the change of the company s equity need to be recorded, and does the change of shareholders of

The change of shareholders needs to be registered with the industrial and commercial bureau, and it is necessary to prepare complete information about the company for change, and the change of shareholders of the company must be carried out in accordance with the prescribed legal process, and the law has clear provisions on issues and matters related to the change of shareholders. The company's shares are bought and sold through an equity transaction, which results in a change of shareholders. The change of equity of a limited liability company must sign an Equity Transfer Agreement and file it with the Administration for Industry and Commerce, while for a public company, the equity is traded in the secondary market, and only the change of specific shareholders needs to go through the corresponding procedures.

According to the Regulations of the People's Republic of China on the Administration of Company Registration, as amended in 2014, the registration items of a company include: name; Domicile; Name of legal representative; Registered capital; type of company; business scope; duration of business; The name of the shareholder of the limited liability company or the promoter of the shares. In addition, if the amendment to the articles of association does not involve registration matters, the company shall send the amended articles of association or amendments to the articles of association to the original company registration authority for the record.

Why is it necessary to change the industrial and commercial registration for equity transfer? Welcome to follow, like, recommend the next wonderful content, please send a private message for business handling Recently, there are more and more customers seeking company transfer, some want to increase the company's years, and some feel that it is too difficult to open an account now! Some people think it is troublesome to apply for general taxpayers, so they simply find a qualified company!

To say that the transfer of the company not only allows the bosses who do not operate to relieve themselves of a heavy burden, but also gives the opportunity for people with lofty ideals who want to start a business to show their ambitions, which is really the best of both worlds. 1. Why should I go through industrial and commercial registration for equity transfer? A customer asked

The transfer of shares between the shareholders of our company, nothing else has changed, can we not do "industrial and commercial changes"? Then if you don't make industrial and commercial changes, how can you prove that you have changed shares before? Isn't there an "equity transfer agreement" signed by both parties?

Isn't this black and white evidence legal evidence? According to the relevant provisions of the Company Law, if there is a change in shareholders, the change registration shall be completed. The original shareholders whose equity has been transferred but have not gone through the industrial and commercial change registration shall not confront creditors and refuse to bear responsibility on the grounds that they have lost their shareholder qualifications.

2. The equity transfer of **** generally goes through the following procedures: In the first step, if the shareholders' meeting resolves to transfer the equity to a third party other than the shareholder, the shareholder who transfers the equity shall submit it to the shareholders' meeting for discussion and voting; If the equity is transferred between shareholders, it is not necessary to obtain the approval of the shareholders' meeting, but only to notify the company and other shareholders. The second step is to sign the transfer agreement, and the two parties sign the equity transfer agreement, which makes specific provisions on the amount, procedure, rights and obligations of both parties to transfer the equity, so that it can be used as an effective legal document to restrain and regulate the behavior of both parties.

In the third step, the company shall issue a certificate of capital contribution to the new share reform, and go through the industrial and commercial change registration to issue a certificate of capital contribution to the new shareholder, record the name or title of the new shareholder, the place of domicile and the amount of capital contribution transferred in the register of shareholders, and amend the articles of association accordingly. The newly revised articles of association, changes in shareholders and their capital contributions shall be registered with the administrative department for industry and commerce. At this point, the legal procedures for the transfer of the equity of a limited liability company have been completed.

To sum up, if the parties want to transfer equity, the parties must first sign an equity agreement, and secondly, the equity transfer must also comply with the provisions of the company's articles of association. Finally, it also involves matters such as handling industrial and commercial registration.

Coordinates, ShenzhenYes, it is necessary to file for industrial and commercial changesInformation required for change:The original ID card of the old and new shareholders, the original part of the business license, the official seal, and the new shareholding ratio

Change of shareholding:

Required information: business license, original ID card and official seal of all shareholders involved in the change;

Legal Analysis: Not required.

Change of the company's name, domicile, legal representative, increase or decrease of registered capital, business scope, type, and change of shareholders (including shareholder qualification inheritance); If the shareholder of a limited company or the promoter of a joint-stock company changes his or her name or the surviving company due to the change of the registration items of the branch or the merger and division of the company, it is necessary to apply for the registration of industrial and commercial change.

According to the above provisions, the change of shareholders caused by the transfer of shares of a joint-stock company does not belong to the circumstances that should apply for change of registration, so it is not necessary to apply for the change of registration of industrial and commercial hands.

Legal basis: Regulations of the People's Republic of China on the Administration of Company Registration Article 34 If a limited liability company changes its shareholders, it shall apply for change of registration within 30 days from the date of change, and shall submit the subject qualification certificate or natural person identity certificate of the new shareholder. After the death of a natural person shareholder of a limited liability company, if his legal heirs inherit the shareholder qualifications, the company shall apply for modification of registration in accordance with the provisions of the preceding paragraph.

If the shareholder of a limited liability company or the promoter of the shares of **** changes his name or title, he shall apply for change of registration within 30 days from the date of the change of name or title.

Equity change is generally a procedure that needs to be registered with the relevant department after the equity transfer. After the change of equity, the corresponding company's creditor's rights and debts will also change to a certain extent, so it needs to be filed with the relevant departments.

The change of equity is a civil relationship, which requires both parties to sign a written contract at that time, and then file with the industrial and commercial department, not with the public security organ. Generally, a written agreement is signed first (the general agreement needs to be impartial or authenticated), and then the change registration is made with the equity transfer agreement and the relevant information of the company. If you need to draft an equity transfer agreement, you can contact me specifically.

Procedures for change of shareholding.

The procedures for equity change need to bring all relevant materials to the relevant departments for handling, and when it comes to the issue of share transfer, the qualification requirements for shareholders are also relatively strict, and it is very important to know the procedures for equity change.

1. The company goes to the industrial and commercial department to obtain the relevant ** of the company's change application (including the resolution of the shareholders' meeting and the amendment to the articles of association), and fills in or prints the relevant documents according to their requirements and affixes the official seal or the shareholder's signature.

2. Write the shareholder's withdrawal expense sheet and accounting voucher, and if it is a share transfer, write the shareholder's shareholding receipt and accounting voucher. If it is an old shareholder, there is no need to conduct capital verification; If it is transferred to a new shareholder, this part of the invested capital also needs to be verified for capital verification.

3. Go to the accounting firm to get a bank inquiry letter

4. Go to the bank to deposit investment funds: shareholders bring their own part of the money to the bank, the private seal of the legal representative, ID card, early money for capital verification, blank inquiry letter**, and deposit the corresponding money into the company's account according to their own capital contribution.

5. Take all the ** to the accounting firm to issue a capital verification report.

6. All materials shall be submitted to the industrial and commercial department in exchange for a new business license after three days.

What materials should be submitted for the change of equity (equity transfer) of the company.

1) Application for Company Change (Filing) Registration signed by the legal representative;

2) The original power of attorney for enterprise application registration (can be filled in the application form);

3) Proof of identity of the person in charge (copy, check the original); If the enterprise registration organization is the first institution, the business license of the enterprise registration organization shall be submitted at the same time (the copy shall be stamped with the seal of the enterprise and indicated to be consistent with the original);

4) Resolutions or decisions submitted in accordance with the provisions and procedures of the Articles of Association (original);

5) If it is transferred to a person other than the original shareholder, the subject qualification certificate of the new shareholder shall be submitted;

6) Amendment to the Articles of Association or new Articles of Association (signed by the legal representative);

7) Equity transfer agreement (1 original, involving state-owned property rights, submit the approval documents of the state-owned assets supervision and administration agency of the local people or the people's assets supervision and administration at the same level authorized by them; If it does not involve the transfer of state-owned property rights, the equity transfer agreement shall be notarized or witnessed as a local provision of Shenzhen);

8) A copy of the shareholder's qualification certificate (check the original);

9) The original and duplicate of the business license of the enterprise legal person;

10) If laws, administrative regulations and decisions stipulate that the change of equity must be submitted for approval, the approval documents of the relevant departments shall be submitted.

The transfer of shares does not constitute a change in the main body of the shareholders of shares, or the ** transaction of the joint-stock company does not need to be recorded. Of course, during the annual inspection of shares, the changes in shares reflecting the changes in capital structure and the proportion of shareholders bearing limited liability should be submitted to the company registration authority for the record.

[Legal basis].Article 138 of the Company Law of the People's Republic of China contains balance.

The transfer of shares by shareholders shall be carried out in a lawfully established trading venue or in other ways stipulated by the company.

Article 17 of the Regulations of the People's Republic of China on the Registration and Administration of Enterprise Legal Persons.

If an enterprise legal person changes the name, domicile, place of business, legal representative, economic nature, business scope, business mode, registered capital, and business period, as well as the establishment or cancellation of branches, it shall apply for change of registration.

According to China's company law, the shareholders of **** belong to the matters of the company's administrative registration, that is, the content of the administrative license. When the transfer of **** equity constitutes a change of shareholders, it shall be submitted to the company registration authority for corresponding change registration. The equity transfer of a joint-stock company or a listed company shall be reported to the CSRC for the record when it is related to the equity transfer of the promoter, the monitoring of major shareholders and the acquisition of the company, and the corresponding facts shall be filed or changed with the company registration authority after the corresponding facts are formed or approved by the CSRC.

General equity transfer does not constitute a change in the main body of the shareholder or the first transaction of the joint-stock company does not need to be registered with the registration authority, of course, the change of shares reflecting the change in capital structure and the proportion of shareholders bearing limited liability should be submitted to the company's annual inspection authority (i.e., the registration authority) for the record.

First, the **** equity transfer process.

1. Convene a meeting of the company's shareholders to study the possibility of equity transfer, analyze whether it is in line with the company's strategic development, analyze the economic strength of the acquirer, and operate in strict accordance with the process stipulated in the company law.

2. Hire a lawyer to investigate.

3. The transferor and the transferee shall coordinate and negotiate the quality of the actual file and the judgment of lack of filial piety.

4. The transferor enterprise submits an application for equity transfer to the competent department at a higher level, and it is approved by the competent department at a higher level.

5. Assessment**.

6. If the equity transfer belongs to a state-owned enterprise or a sole proprietorship, it is necessary to go to the State-owned Assets Office for project approval and confirmation, and then go to the asset search appraisal office for evaluation. Other types of businesses can be changed at an accounting firm.

7. The transferor convenes a general meeting of employees or a general meeting of shareholders.

8. The company with a change in equity needs to convene a general meeting of shareholders and form a resolution.

9. The transferor and the transferee sign an equity transfer contract or equity transfer agreement.

10. The property rights trading center shall review the contract and attachments, and go through the delivery procedures.

11. Go to the relevant departments for change, registration and other procedures.

2. Is there any tax to be paid for the transfer of **** equity?

If it is an individual equity transfer, the tax shall be paid according to the following provisions:

1. Business tax: According to the notice of the Ministry of Finance and the State Administration of Taxation on business tax issues related to equity transfer (Cai Shui (2002) No. 191), no business tax is levied on equity transfer;

2. Individual income tax: According to the provisions of the Individual Income Tax Law of the People's Republic of China and its implementing regulations, the income obtained by the original shareholders from equity transfer shall be subject to individual income tax according to the item of "income from property transfer". If the equity transferor is an individual, it needs to pay individual income tax.

Payment standard: according to the transfer transaction price minus the original capital contribution price and expenses, pay individual income tax according to 20% of the difference;

3. Stamp duty: The documents established by the enterprise for the equity transfer of the enterprise shall be affixed with stamp duty on the equity transfer documents according to the transfer of property rights. The applicable tax rate shall be the amount stated in the document5.