Lawyer, can I handle the pledge of the company s equity to an individual?

If the law doesn't prohibit it, then you can.

Whether equity can be pledged to an individual. According to the relevant laws of China, the parties may negotiate and conclude a pledge contract in writing. In addition, movable property prohibited by laws and administrative regulations from being transferred shall not be pledged. It is not clear that Yuanxiao does prohibit the identity of the pledgee.

[Legal basis].Article 426 of the Civil Code of the People's Republic of China.

Movable property prohibited by laws and administrative regulations from being transferred shall not be pledged.

Article 427.

To establish a pledge, the parties shall enter into a pledge contract in writing. Finch cavity touch.

Article 428.

If the pledgee agrees with the pledgor that the pledged property belongs to the creditor when the debtor fails to perform the due debt before the expiration of the debt performance period, the pledged property can only be repaid in priority in accordance with the law.

Article 429.

The pledge is established when the pledgor delivers the pledged property.

Article 430.

The pledgee has the right to receive the fruits of the pledged property, unless otherwise agreed in the contract.

In the absence of special provisions in the articles of association, the pledge of enterprise equity may be pledged to an individual. According to Article 427 of the Civil Code, which came into effect in 2021, to establish a pledge, the parties shall enter into a pledge contract in writing. The pledge contract generally includes the following clauses:

1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the pledged property; (4) the scope of the guarantee; (5) The time and manner of delivery of the pledged property. Article 443 stipulates that if the pledge is made with ** shares and equity, the pledge right shall be established when the pledge is registered. **After the share and equity are pledged, they shall not be transferred, except for those agreed upon by the pledgor and the pledgee.

The price obtained by the pledgor from the transfer of ** shares and equity shall be paid off or deposited in advance to the pledgee.

Article 427 of the Civil Code establishes a pledge right, and the parties shall enter into a pledge contract in written form. The pledge contract generally includes the following clauses: (1) the type and amount of the secured claim; (2) the time limit for the debtor to perform the debt; (3) The name and quantity of the pledged property; (4) the scope of the guarantee; (5) The time and manner of delivery of the pledged property.

Article 443 of the Civil Code If the pledge is made with ** shares or equity, the pledge shall be established when the pledge is registered. **After the share and equity are pledged, they shall not be transferred, except for those agreed upon by the pledgor and the pledgee. The price obtained by the pledgor from the transfer of the merger amount and equity shall be paid off or deposited with the pledgee in advance.

OK. The equity of the equity owner is his personal property, and as long as there is no provision in the company's articles of association that it cannot be pledged to an individual, he can pledge his equity to an individual.

1. What is the calculation method of equity pledge interest?

The interest payable is calculated by multiplying the initial transaction amount by the actual number of repurchase days divided by 365 and then multiplying by the repurchase rate. Equity pledge refers to the pledge established by the pledgee with its own equity as the subject matter of the pledge, and the only shares that can be pledged as equity in China are the shares of the shareholders of the joint-stock company and the shareholders of the limited liability company.

Second, will it rise after the equity pledge?

As long as the stock is not suspended, as long as it is stored in the account, then how does it go, up or down, how much it rises or falls, and all the data is updated in real time with the market. Equity pledge refers to the pledge established by the pledgee with its equity as the subject matter of the pledge. According to the provisions of the legal system of security in most countries in the world, pledges can be divided into movable property pledges and rights pledges based on their subject matter.

Equity pledge is a type of pledge of rights. The establishment of an equity pledge enables the creditor to obtain a security interest in the pledged equity, which is an equity pledge.

3. Conditions for the equity guarantee to take effect.

Equity guarantee is also equity pledge, and the conditions for the equity mortgage contract to take effect are:

1) Equity shall be transferable, and equity shall be transferable if the shareholder obtains the capital contribution and participates in the company's affairs in accordance with the rules and procedures prescribed by law or the articles of association of the company and enjoys property interests in the company.

2) A written equity pledge contract must be signed, and if the shares of ** or limited liability company that can be transferred according to law are pledged, the pledgor and the pledgee shall enter into a written pledge contract.

3) must go through the pledge registration, with ** shares, ** registration and clearing institutions registered equity pledge, the pledge from the ** registration and clearing institutions for the pledge registration of the establishment; If the pledge is made by other shares, the pledge shall be established when the administrative department for industry and commerce handles the registration of the pledge.

Civil Code of the People's Republic of China

Article 422 and Article 17 of the Bad Draft establishes a pledge right, and the parties shall conclude a pledge contract in written form.

The pledge contract generally includes the following clauses:

1) the type and amount of the secured claim;

(2) the time limit for the debtor to perform the debt;

(3) The name and quantity of the pledged property;

(4) the scope of the guarantee;

(5) The time and manner of delivery of the pledged property.

Article 429:The right of pledge shall be established when the pledgor delivers the pledged property.

Legal Analysis: Yes. The equity of the equity owner is his personal property, and as long as the company's articles of association do not stipulate that he cannot pledge Yunhexu to an individual, he can pledge his equity to an individual.

Legal basis: Civil Code of the People's Republic of China

Article 427. To establish a pledge right, the parties shall enter into a pledge contract in writing.

The pledge contract generally includes the following clauses:

1) the type and amount of the secured claim;

(2) the time limit for the debtor to perform the debt;

(3) The name and quantity of the pledged property;

(4) the scope of the guarantee;

5) The time and method of delivery of the pledged property.

Article 429. The pledge is established when the pledgor delivers the pledged property.