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There are several ways to exit the equity.
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Legal analysis: 1. Equity transfer;
2. The company's capital is reduced;
3. Require the company to buy back;
4. Dissolve the company;
5. Bankruptcy liquidation withdrawal.
Legal basis: Article 71 of the Company Law The shareholders of a limited liability company may transfer all or part of their equity to each other. The transfer of equity by a shareholder to a person other than the shareholder shall be subject to the consent of more than half of the shareholders who are at a loss to the shareholder.
Shareholders shall notify other shareholders in writing to seek consent for their equity transfer, and if other shareholders do not reply within 30 days from the date of receipt of the written notice, they shall be deemed to have agreed to the transfer of Lingnashen. If more than half of the other shareholders do not agree to the transfer, the shareholders who do not agree shall purchase the transferred equity; If you do not purchase it, you will be deemed to have agreed to the transfer. For the equity transferred with the consent of the shareholders, under the same conditions, other shareholders have the right of first refusal.
If two or more shareholders claim to exercise the right of first refusal, they shall negotiate to determine their respective purchase ratios; If the negotiation fails, the right of first refusal shall be exercised in accordance with the proportion of the respective capital contribution transferred. Where the articles of association of the company have other provisions on the transfer of equity, such provisions shall prevail.
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Analysis of the law: 1The shares were transferred to Yinbi.
2.The company reduced its capital.
3.Ask the company to buy back.
4.The company is dissolved.
Legal basis: Article 73 of the Company Law of the People's Republic of China After the transfer of equity in accordance with Articles 72 and 73 of this Law, the company shall cancel the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, and amend the articles of association and the record of the shareholder and his capital contribution in the register of shareholders accordingly. Such amendments to the Articles of Association do not need to be voted on by the shareholders' meeting.
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5 ways to exit equity:
1. Equity transfer;
2. The company's capital is reduced;
3. Require the company to buy back;
4. Dissolve the company;
5. Bankruptcy liquidation judgment and liquidation withdrawal.
1. Which shareholders who do not participate in the management of the company can withdraw their shares.
Shareholders who do not participate in the management can withdraw their shares in the following ways:
1. Exit from bankruptcy liquidation. The entities that can file a bankruptcy application are: creditors, debtors, and persons liable for liquidation in accordance with the law.
2. Dissolution of the company.
3. Require the company to buy back; Requiring the company to repurchase the shares held by shareholders at a reasonable ** level is required to meet the relevant conditions stipulated in the Company Law.
4. The company reduces its capital.
5. Equity transfer.
2. What are the consequences of shareholders not signing if they disagree.
1. Resolve disputes through negotiation and continue friendly cooperation. For problems that arise among shareholders, we should seek common ground while reserving differences based on the principle of common benefit.
2. One shareholder withdraws, and the other shareholder continues to maintain the company's continuous operation and independence. Generally, equity is acquired through equity transfer.
3. If the shareholder dispute is relatively large before the excavation, it is generally the irreconcilable contradiction between the major shareholder and the second shareholder, and the negotiation fails, resulting in serious difficulties in the management of the company, and the dissolution of the company may be the last choice.
3. What should shareholders do if they lose money in shares?
Shareholders who lose money in the stake are not allowed to withdraw their capital. The details are as follows:
1. As far as equity transfer is concerned, one is that other shareholders acquire the equity of shareholders, and the other is that shareholders transfer the company's equity to a third party. Equity transfer** shall be determined by both parties through negotiation;
2. As far as the company's capital reduction is concerned, the shareholders' meeting will make a resolution to reduce the capital, and the shareholders will withdraw from the company by reducing their capital;
3. As far as the liquidation of the company is concerned, the shareholders' meeting shall make a resolution on dissolution and liquidation. The company set up a liquidation group for liquidation. If the company still has residual property after paying off its debts in accordance with the law, the shareholders shall distribute it according to the proportion of their capital contributions, and the company shall cancel it.
Article 73 of the Company Law, after the transfer of equity in accordance with Articles 71 and 72 of this Law, the company shall cancel the capital contribution certificate of the original shareholder, issue the capital contribution certificate to the new shareholder, and accordingly amend the articles of association and the register of shareholders about the shareholders and their capital contributions. The amendment to the Articles of Association does not need to be voted on by the shareholders' meeting.
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We can take a look at 5 ways of equity withdrawal: 1. Equity transfer; 2. The company's capital is reduced; 3. Require the company to buy back; 4. Dissolution of the company; ;5. Bankruptcy liquidation withdrawal.
Equity exit is the last step in equity investment management, and it is also an important indicator to determine the success or failure of investment. Broadly refers to an important process in which the equity capital held by the investor recovers the investment and realizes the investment income at the same time, which is usually after the development of the entrepreneurial enterprise invested by the investment institution or individual is relatively mature.
I recommend going to Mingde to learn about the equity exit method. The main backup of Mingde Tiansheng's investment projects should be selected from the best mentoring projects in Mingde Blue Eagle and the high-quality projects recommended in the Mingde ecosystem, so as to minimize the investment risk; At the same time, in terms of fundraising, a large number of qualified investors have gathered in the Mingde ecosystem, and by investing in Mingde Tiansheng and reinvesting in high-quality projects in the ecosystem, the investment has been completed and the healthy development of the Mingde ecosystem has been further promoted.
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